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Council Packet - 11/5/2018
THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, November 5, 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 303 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Steven Nielsen, Library Director Agenda, as proposed or amended. Minutes of October 22, 2018, Regular Session, as proposed. Proclamation declaring November 11, 2018 as National Tolling of Bells Presentation from Hip-Hop Literacy Program on trip to China. 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. Resolution approving the request of Craig W. Reagan for tax exemptions on the construction of a garage valued at $21,330 for a property located at 910 W. 7th Street, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving the request of Eva Culp for tax exemptions on the construction of home improvements valued at $4,100 for a property located at 503 Gable Street, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving the request of Patricia A. Goldsberry for tax exemptions on the construction of home improvements valued at$50,000 for a property located at 230 Monroe Street, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving the request of Tim Aitchison for tax exemptions on the construction of a new single family home valued at$172,657 for a property located Page 2 of 303 at 506 Milwaukee Avenue, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving the request of Jereme G. Gunnuscio for tax exemptions on the construction of a new single family home valued at $321,208 for property located at 1208 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving the request of Robert and Kaye Huff for tax exemptions on the construction of a new single family home valued at $210,000 for property located at 2923 Ansborough Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution setting a date of public hearing as November 19, 2018 for a request by GBG, LLC to rezone 2.58 acres from "R-2" One and Two Family Residence District to "R-4,R-P" Planned Residence District to allow for the construction of a new medical office, located to the north of 1505-1515 Logan Avenue (George Washington Carver Academy), and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving specifications, form of contract, etc. and setting the date of bid opening as November 8, 2018, and resetting date of public hearing as November 19, 2018, in conjunction with the 2018 Public Works - Old CMC Building, Roof Replacement Project, and instruct City Clerk to publish notice, and rescinding Resolution No. 2018-787. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution resetting date of public hearing as November 19, 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 and rescinding Resolution No. 2018-788. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution setting a date of public hearing as November 19, 2018 for a request by Crystal Distribution Services for a rezone of approximately 2.53 acres from "M-1" Light Industrial District to "M-2" Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 12. Request from Magic Mix Kids to hold their Snowflake Express event to be held at the Open Bible Church, 928 Jefferson Street on December 1, 2018 from 8:00 a.m. to 6:00 p.m., including street closures around the church of W. 7th Street and W. 8th Street between Jefferson to Washington Streets. Submitted By: Dave Mohlis, Police Captain 13. Resolution approving cancellation of assessment for 1016 Ackermant Street (Parcel No. 8913-14-454-014) in the amount of $75.68, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Page 3 of 303 14. Resolution approving request of Lisa Grimm for a waiver for a concrete approach located at 3402 Monticello Avenue, and approve eliminating the sidewalk section due to unusual circumstances. Submitted By: Jamie Knutson, PE, Interim City Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Chawne Paige, Curator Class/Meeting: Pick up and deliver artwork Destination: Miami, FL Dates: November 24 and Amount not to exceed: $2,600.00 December 10, 2018 2. LIQUOR LICENSES a. Aldi #33, 1918 Schukei Road Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 11/3/2019 b. Club Ambassador, 313 W. 5th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/15/2019 C. D'Vine Medical Spa, 2515 Cyclone Drive Class: B Native Wine/ C Liquor Renewal Application Does not include Sunday Expiration Date: 11/30/2019 d. Kings and Queens Club, 304 W. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 11/15/2019 e. New World Lounge II, 504 Riehl Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 9/14/2019 3. APPOINTMENTS a. Eric Donat Board/Commission: ADA Commission Expiration Date: 11/2/2021 Re-Appointment b. Angela Weekley Board/Commission: Community Development Board Page 4 of 303 Expiration Date: 11/2/2021 Re-Appointment C. Terrance J. Hollingsworth Board/Commission: Human Rights Commission Expiration Date: 11/5/2021 New Appointment 4. Receive and place on file the 2017 Audit of the Waterloo Water Works. Submitted By: Matt Mahler, Water Works General Manager 5. Cigarette/Tobacco Permit New Application for Kings and Queens Club, 304 W. 4th Street. 6. Bonds. PUBLIC HEARINGS 2. 2018 Tree Removal Project Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding the 2018 Tree Removal Project bid to Wilson Custom Tree of Cresco, Iowa, in the amount of $29,974, and approving the contract, bond and certificate of insurance, and authorize the Mayor to execute said agreement. Submitted By: Todd Derifield, City Forester 3. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing, receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request to vacate a portion of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street, subject to the retention of a utility easement over, under and upon the entire vacate area. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 4. Resolution approving request by Craig E. Penrose for an Encroachment Agreement to allow for a portable shed to extend five (5) feet into a public utility easement, located at 1125 Englewood Avenue, and authorize the Mayor and City Clerk to execute said document. Page 5 of 303 Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving a request by the City of Waterloo for the Final Plat of Brock 3rd Addition, a 3-lot commercial subdivision located northwest of 2010 West Ridgeway Avenue. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving a request by the City of Waterloo to dedicate 10,575 square feet (0.242 acres) of city owned property as right-of-way that currently serves as West 4th Street, located adjacent to 200 West 4th Street (Five Sullivan Brothers Convention Center). Submitted By: Noel Anderson, Community Planning and Developoment Director 7. Motion approving final quantity adjustment for a net increase of $11,422.50 for the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, Interim City Engineer 8. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction, Corporation of Cedar Falls, Iowa, at a total cost of $145,775.50, in conjunction with the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, and receive and file two (2) year maintenance bond. Submitted By: Jamie Knutson, PE, Interim City Engineer 9. Resolution approving an amendment to the Real Estate Purchase Agreement between John E. and Dessie M. Rottinghaus, to extend the purchase timeline to occur on or before May 31, 2019, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving a Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $8,500, in conjunction with the Sunnyside Drainage Improvements, and authorize the Mayor to execute said document. Submitted By: Jamie Knutson, PE, Interim City Engineer 11. Resolution approving a Development Agreement and Minimum Assessment Agreement with GBG, LLC for the construction of a $1,504,820 medical office with a tax rebate amount of 85%for a term of three years and four additional years at 80%, and authorize Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Commuity Planning and Development Director 12. Resolution approving Professional Services Agreement with Stanley Consultants, Inc. with a lump sum amount due of$37,500, in conjunction with the Upton Detention Basin Study, and authorize the Mayor to execute said document. Submitted By: Jamie Knutson, PE, Interim City Engineer 13. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa, at a total cost of $532,608.19, in conjunction with FY 2015 Geraldine Road - Phase 3, Contract No. Page 6 of 303 871. Submitted By: Jamie Knutson, PE, Interim City Engineer 14. Resolution approving Amendment No. 3 to the Development Agreement between Central Property Holdings, LLC, to reflect updated ownership in the project, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 15. Resolution supporting advocacy and future legislation to increase state funding for 107 Commercial Service and General Aviation Airports vertical infrastructure, by allocating $16.5 million per year for 10 years to Iowa airports, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 16. Resolution approving a Right of Way Services Agreement with JCG Land Services, Inc. of Nevada, Iowa, in conjunction with DOT Project STP-A-8155(754)--86-07, for installing a left turn lane on Ansborough Avenue approach to Downing Avenue, and authorize Mayor to execute said document. Submitted By: Sandie Greco, Interim Public Works Director ORDINANCES 17. Sewer Rate Increase Motion to receive, file and consider for the second 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 third time and adopt said ordinance. Submitted By: Michelle Weidner, Chief Financial Officer 18. An Ordinance Amending the City of Waterloo Traffic Code by amending Subsection (22) Linn Street of Section 545, Yield Streets. Motion to receive, file, consider, and pass for the first time an Ordinance amending Subsection (22) Linn Street of Section 545, Yield Streets by adding (22) Linn Street at Adams Street; at Webster Street; and at Gable Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:50 p.m. Council Work Session, Harold E. Getty Council Chambers Page 7 of 303 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting minutes of August 28, 2018. 2. Planning, Programming &Zoning minutes of September 11, 2018. 3. Historic Preservation Commission minutes of September 18, 2018. 4. Waterloo Water Works Board of Trustees Meeting minutes of October 17, 2018. 5. Waterloo Water Works Board of Trustees Meeting minutes of October 25, 2018. Page 8 of 303 CITY OF WATERLOO Council Communication Minutes of October 22, 2018, Regular Session, as proposed. City Council Meeting: 11/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'iice i flp.a'�y; 1" mmcy Approved G 0/26/20 8 ... 9.46 AM ATTACHMENTS: Description Type Minutes ofOctoll) r 22, 2018 Baac.kup:r Mamteilaap Submitted by: Submitted By: Page 9 of 303 October 22, 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 22, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer 146653 - Juon/Schmitt that the Agenda, as amended, removing Item #9, for the Regular Session on Monday, October 22, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146654 - Juou/Schmitt that the Minutes, 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. Proclamation declaring October 24, 2018 as United Nations Day. Proclamation declaring October 21-27, 2018 as National Lead Poisoning Prevention Week. ORAL PRESENTATIONS Ethan Wentz, Yankton, SD, of Fair Manufacturers, Inc., provided an overview of the differences between his bid for a snow blower which his bid came in at $88,110.00, and Trans-Iowa Equipment, of Ankeny, Iowa, which came in at$130,082.00. The primary differences between his product and the Trans-Iowa Equipment proposed product include his offer of a factory direct discount which is well below retail. He stated that several cities, nationwide, deliberately choose this option to save money, and have direct access to immediate technical support. The second difference is that Fair Manufacturers, Inc. still offers a Tier 3 emission engine, which will no longer be available at the end of the year. The Tier 4 engine, which Trans-Iowa has proposed, has a significantly higher price due to the extensive after treatment associated with these engines as well as higher maintenance cost and various operator concerns. He explained that the Tier 3 engines his company offers are currently being heavily sought after by a majority of his customers and cities, as their ability to offer this expires at the end of this year. He further commented that his bid met the specifications of a single stage design, which Trans-Iowa's proposal did not. Mr. Jacobs questioned if the companies were compliant with the specification sheet. Sandie Greco, Interim Public Works Director, explained that one of the companies met the specifications and another exceeded specifications. The department will be doing research by contacting other cities and counties that have these products. Mr. Jacobs questioned if both met the bids why would the city not award to the lowest bidder. Sandie Greco stated that sometimes the lowest bid is not awarded and that staff want to do more research prior to awarding the bid. Mayor Hart commented that he received an email from the National Association of Development October 22, 2018 Page 2 that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 22, 2018, in the amount of$3,196,239.39, 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. 2018-783. 2. Resolution approving 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. Resolution adopted and upon approval by Mayor assigned No. 2018-784. 3. Resolution approving 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. Resolution adopted and upon approval by Mayor assigned No. 2018-785. 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. Resolution adopted and upon approval by Mayor assigned No. 2018-786. 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 Replacement Project, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-787. 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. Resolution adopted and upon approval by Mayor assigned No. 2018-788. 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. Resolution adopted and upon approval by Mayor assigned No. 2018-789. b. Motion to approve the following: October 22, 2018 Page 3 c. Abraham Funchess, 2018 Vision Tour Memphis, November $750.00 Executive Director Birmingham, 13-16, 2018 and Rebecca Johnson, Montgomery HRSpecialist and Selma d. Dave Zellhoefer, City 2018 IMAA Annual Des Moines, November $150.00 Attorney Seminar (Iowa IA 15-16, 2018 Municipal Attorneys Association 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. BP Fuel, 127 Jefferson Street E Liquor New 10/24/2019 x b. Fareway Stores #951, 40 W. B Wine/C Beer/E Renewal 11/15/2019 San Marnan Drive Liquor c. Hy-Vee#1 Club Room, 2834 Special Class C Renewal 10/16/2019 x Ansborou h Avenue Liquor d. New Star Liquor, 1625 W. B Wine/C Beer/E Renewal 12/10/2018 x 4th Street Liquor 3. Bonds. Roll call vote-Ayes: Six. Motion carried. RESOLUTIONS 146657 - Schmitt/Amos that"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",be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned how the city benefits from the contribution to the Senior Scratch Bowling Association. Tavis Hall, Waterloo Convention and Visitors Bureau, explained the economic impact of the event. Resolution adopted and upon approval by Mayor assigned No. 2018-790. 146658 - Schmitt/Amos that "Resolution approving a Consulting Service Agreement with Shive-Hattery 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", be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4 1 Street, questioned what an interceptor line is. Steve Hoambrecker, Waste Management Services Director, provided an overview of items three and October 22, 2018 Page 4 146660 - Morrissey/Amos that"Resolution approving termination of Planergy Ground Lease Agreement dated January 2, 2007, 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. 2018-793. 146661 - Morrissey/ Amos that "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",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-794. 146662 - Morrissey/Amos that "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", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-795. 146663 - Klein/Amos that "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",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-796. 146664 - Klein/Amos that "Resolution approving installation of a speed hump located at 141 South Hackett Road", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-797. 146665 - Klein/Amos that "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", be adopted. Roll call vote-Ayes: Six. Motion carried. October 22, 2018 Page 5 146667 - Amos/Morrissey that "an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. 146668 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: One. Nays: Five (Jacobs, Klein, Amos, Schmitt, and Juon). Motion failed. ADJOURNMENT 146669 - Morrissey/Amos that the Council adjourn at 6:03 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Proclamation declaring November 11, 2018 as National Tolling of Bells City Council Meeting: 11/5/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date Mayor (I..)(ince i p npr by, 1" arlmmcy Approved G 0/3 p/20 tl .... tl2-06 PM ATTACHMENTS: Description Type 11ro drum« bon Backup l ammlaap Submitted by: Submitted By: Mayor Quentin Hart Page 15 of 303 'OW CrrY OFWATERL00, PROCLAMATION A :National Tolling of the Bells of Peace WHEREAS.. a century ago 4.7 million American families sent their sons and daughters off to World War 1; and WHEREAS,, men and women from the state of Iowa served selflessly and honorably in World War I with 4,088 Iowans believed to have died from the War; and 62 soldiers and sailors from Waterloo died from their service to country in the war; and 116,516 Americans gave their lives in the war and more than 200,000 were wounded; and 1YHEREASv the tolling of bells is a traditional expression of honor and remembrance; and WHEREAS,, in November 2018 the world will commemorate the I001" anniversary of the Armistice that ended the fighting in World War I at 11:00 a g g .m,, November 11, 2018 the eleventh hour of the eleventh day of the eleventh month; and WHEREAS, on April 6, 2418, the United States World War I Centennial Commission called upon all Americans across the nation to toll bells in remembrance of those who served in World War I on Armistice Day,November 11, 2018.. N4 , THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, along with the Iowa World War I Centennial. Committee, do hereby call upon the people of our Great City to toll the Bells of Peace and Remembrance for those who served in World War I twenty-one times with a five second pause between each toll starting at 11:00 a.m. on November 11, 2018. IN 19ftM OF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this Stn day of November 2018. w.. A. APS CITY OF WATERLOO Council Communication Presentation from Hip-Hop Literacy Program on trip to China. City Council Meeting: 11/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date Mayor ()ffice 1 eUille, Kelley)ley Approve() G G/2/20 tl 8 2-59 PM Page 17 of 303 CITY OF WATERLOO Council Communication Resolution approving the request of Craig W. Reagan for tax exemptions on the construction of a garage valued at $21,330 for a property located at 910 W. 7th Street, and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 11/5/2018 Prepared: 10/21/2018 REVIEWERS: Department Reviewer Action Date 11 p a::nn'png& Zonu iig Sdircoederc, Axie Approved 10/22/2018 ... 456 PM t.`Ilcrrp Office ppigby, Namy Approved 10/26/2018 .... 9.35 AM ATTACHMENTS: Description Type 1'1JR .910 ' 7t.fi Street F orrrii. Me nio C LJR.A.910 W 7 t1 Strc.e.t leap t"ove.r 1 e.n-io Resolution approving the request of Craig W. Reagan for tax exemptions on SUBJECT: the construction of a garage valued at$21,330 for a property located at 910 W. 7th Street, and located within the Consolidated Urban Revitalization Area CURA . Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to residential property under the Consolidated Urban Revitalization Area. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Alternative: N/A Background Information: N/A Page 18 of 303 The Northwest 50 feet of Lot 12 Block 5, the Northeast 25 feet of the Legal Descriptions: Southeast 90 feet of Lot 12 Block 5, and the Southwest 10 feet of the Southeast 90 feet of Lot 13 Block 5, Johnson's Addition. Page 19 of 303 ON SOA USjuvuoj inox joluoLuaouldsjpUOI'eO.IDSIUOWOAoidunosalqlll!m'uiap!s.a.ipu-eumonoXqoilim'l!un�uillomp,Cl!iu-ej-oSuis-elou sisiqljI -9 LSIU*tUQAoidtuiosaiqljouoijoidLuoojooitplumouiopolictupsg °a 41AC ZjUQWQAoidiui oqljo isoo aqi sem vaqm 'g :uopenivA(s)j!uuz)d jujol !uugd ajrG md :panssi sem I :joquinK iju OTL-7-1-1 :uoijuuuqjuj luouipudoG suoiloodsul pue Ouippng oopajpAkjo S4!D -(I L(s)juoLugAo.jdtui mp jo oinIvu 3tp s-em jviqM °0 %OZ----------ROA tPual %oz--—-----nQA TUM I %oJ7-----—---MOA qIXIS j %09----------1123A PIRL %OE--------JBOA qIT4,319 q %017---------JUDA T4U!l .0q %OL------MA PuOOOS %OE-------M0,k q4UQAOS 'S %09--------malk qI-MOJ T %08---—-----J90A IVIA T C:) ce) 4-- :Qjnpaqos Stumolloj aqj of fui 030-e uoi SJUOTUgAoidwi Xq poppp anjUA jutuou olp uo dtum jmj.MdV z 0 Tj .1 —;t- CD `SJUDWAO.IdLupSq papp=118A IleMO'e 0qj UO sxnX opjqjiqj uoildwgxQ(%000 1=10d P0.1PtmH OuO C\1 a) 0) (Ziol):olnpDqosuoildmox@poiisopoli?oipuI -S m n sI 1eqM �(psnoi4pnoDotlijojooljp,Zu000lpos,iapj000-j,,�unoDivolq,el!t,AL,oqXPW)4,14iodoidoqljouo.ila�idisa(7lv2a7D'4 T �1 01 1 -),AfS 14i FP(j Q)6— �;POAwdwj!3uTaq,,4jodojd aqIjo ssaippV aqj st IqAM -V :31vG c :3NJ0HdH'13JL +10 C) :Ssada(lv :a"ufijvNgis �vj k3� b a k) -jpuno' SIID aqj ol palipqns aq of uoilvoilddu inoX loj uoilimuojut guimolloj aqj ino lly ps,0011, E-- -sios!AlodnS jo pnog/4unoD io jpunoDX4j:)oqj fq poju-ei2 uooq Seq IMoiddt,iopd 2U]PIAoid `olaldwoo io jongswa of non ouo ulaqj wow'0U.wnb;)j joafoid aillua uujo uoijaidwoo uodn poly ;)q Am uoti-emidd-e alfuls t'MOmOH •Z qd-eiftnd paioqwnuun t-tot uoilooS 'umol jo opoD olvIS olp jo ouilatup oqj pm.ij duioD of polaidwoo;)ju SIUOIUQAoidtuioqluoqmj-eaXDql�uiAnolloj?Ui!T—uqajjoAt,pzuiliom,,IDqlolloin aXiloql!mp;)IjjaqlsnwuoilL,oilddi3stqj, -C (-Iuatu:ped;)CI juDtudoj0A0Cj W ftiuuvjd,c4!unwwoD oolni-eMp A41:)aT41 woag paupajqo oq upa qoiqm jo dvtu v)sai.Mpunoq V-IMD aip ultplm pmool og -Z .Uojjdwm nj ioj ojq!fp ST SJUQUIOAoidtui oqj Xq poppu onjtm jurijoiell-c'lupo-eA/CisnoiAoids-emyCliodoidjuiolotutuoojI -ol!soqluo,CIsnolAoidstm2iulpllnqiaj!,441odoid ppiatutuoo jo znjeA;)1qj 01 jU9WQAoidun%gl 13 Is-eal IV -,c4jodojd jupuopjsD1;Dqjjo anion oiql of jumumoidun%01 P Isual IV -I :upolpo SuyA0jjqj all potu Imp s;)iiupunoq sj!uitilim polvooliC4iodo.idolsluatuoAo.idtuiuosuoildwoxoxrl,c4jadoidsmollu(V-dno)L,ajVuoiRE ZI.1-el!AO2luLqjflpoltpllosuoDoqj, '00Md3JLVAk AO ADD 9H130'11DNn0D.AJ,1D alu,,Ul GgJdOGV XV'1d VMdV R01,LVZ111VJ11A321 XVa'df)(Ia1VC11'10Sx0D 9141,40 SNOISIAOdd 9H1213GNn S1XaW3AMdd1N1 W1 NOIJdWgXH XVL AINUO`dd NOJ N0UVD1'1ddV V'3HV M011VZ1r1VJL1A3W NVMfl (12IM1110SM03 juvofdde loj Adoo e o*LU 03AVIS ��v V :Aq PDA103a-d :POAWO'd 0jP(j ijuo 0sfj a;)uj0.1O3 "I dol 0' T I�! it 910 W 7th Street I� r , �l� f t N� �r i f / f r i tipt� � Base map data source 1,Black Hawk Ths mepd ea not represent a survey mad for th,accurecy If the defied esihI,expressed pr'mq'ad by Bleak Hewk County,the ,� Black Hawk County Assessor or cher ply (y The Cry--d-makes now—ty impl ed as t the--y rhe on tM1s map and-pra,dyd,damsf Mhyf ��� y ��� accuracy th—f.U,--Jd rarer t offc al J 0-, ats savoys raoordad dead,etc located at the Bleck Hewk C—,n A ,sprs Off-for con plete Fee e rd accurate fim r � y CITY OF WATERLOO Council Communication Resolution approving the request of Eva Culp for tax exemptions on the construction of home improvements valued at $4,100 for aproperty located at 503 Gable Street, and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 11/5/2018 Prepared: 10/21/2018 REVIEWERS: Department Reviewer Action Date 11 naaaaan'rng& .bona ing Sdircoederc, Axie Approved 10/22/2018 ... 459 PM t.`Ilcrrp Office p p igby, Naamy Approved 10/26/2018 .... 9.35 AM ATTACHMENTS: Description Type C 1JR .503 G ailkfda Street Farr rrii. Me nio CLL . .503 (VaNe. Strc.e.t Map t"ove.r 1 e.n-arrrr Resolution approving the request of Eva Culp for tax exemptions on the SUBJECT: construction of home improvements valued at 84,100 for a property located at 503 Gable Street, and located within the Consolidated Urban Revitalization Area(CURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to residential property under the Consolidated Urban Revitalization Area. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Alternative: N/A Background Information: N/A Page 22 of 303 Legal Descriptions: Peeks Second Addition Lot 1, Block 6, and the west 15 feet of lot 2, Block 6 Page 23 of 303 5a CONSOLIDATED URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THEm . PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZAI"ION AREA PLO, • ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. '4 e The Consolidated Urban Revitalization Area(C'URA)allows property tax exemptions on improvements to property 1 ed within its boundaries that meet the following criteria: � 1 t1,4' 1. At least a 10%improvement to the value of the residential property, At least a 15%improvement to the value of � iif commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the LURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3, This application must be filed with City prior to the 1"working day ofFebruaa following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has bee granted by the City Council or County Board of Supervisors. Please till out the following information for your application to be submitted to the tq Council. NAME. ° - 42 SIGNATURE: ADDRESS: TELEPHONE: /"�J,, 1 �°'"�"� �� 3 DATE:o A. What is the a'dd'ress of the property being irnpraved . ..t .. � What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthou , Indicate de _ .���. B. T ..,� sired exemption schedule:(I or 2) 1, One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2, ,m A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e, Fifth Year---------40% h. Eighth Year--------30% c, Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What wa.,the nature of the improvement(s)? w. f , t D. Permit Number: .p � ., City -Building and Inspections Department Information: ( 6' ; t7 �'� Date permit was issued: r"t"� 'Total permit(s)valuation: �_5 E. What was the cost of the improvement? 6, F. Estimated or actual date of completion of these improvements? 'T G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes X No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Iami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 24 of 303 �f r s r �r STOKES DR 503 Gable Street E Q I 1 � / r r„ Y Wt� � a/f 1 j / f r / r I� B11, Para BI—Hxc h Th,,.,p does nor rep,--aaurvev noI bnv r mg,ry Pf Ild 11 I lnn oA 011ds y Bl,,eaf ev el aees o.„e ed edb.,th—wkC , / as'.P" am�ac�r�a da-msiaer r�me _--y� f.Ubeddae,ld d oeareaal 50 100 200 0-z p eon Ars d,reff d,t.off al a er f U a e Bleck He Mc Cou ry sso 5 O ce o con ple e � e,da��,a� omen. Fee NO 3 CITY OF WATERLOO Council Communication Resolution approving the request of Patricia A. Goldsberry for tax exemptions on the construction of home improvements valued at$50,000 for a property located at 230 Monroe Street, and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting: 11/5/2018 Prepared: 10/21/2018 REVIEWERS: Department Reviewer Action Date 1°n a::nn'nng& Zonr ing Sdircoederc, A.rie Approved 10/22/2018 .... 512 PM t.`Ilc pOffice p p igby, Namy Approved 10/26/2018 .... 9.36 AM ATTACHMENTS: Description Type C1JR .230 Monroe Stireet Foiran Menio C LJ R.A 230 Monroe. Strc..l Map t."ove.r Me.n-io Resolution approving the request of Patricia A. Goldsberry for tax SUBJECT: exemptions on the construction of home improvements valued at$50,000 for a property located at 230 Monroe Street, and located within the Consolidated Urban Revitalization Area(CUR&) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to residential property under the Consolidated Urban Revitalization Area. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Alternative: N/A Background Information: N/A Page 26 of 303 Legal Descriptions: Hillside Addition Waterloo Lot 5, Block 8 Page 27 of 303 For Off[re Use Only Date Received: _ Received by. �:°.;,_� t Staff to make a cop far applicant t CON (r�DATED URBAN REVITALIZATION AREA a 0 APPLICATION FOR A814104FAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATF,I)URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL,OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CUBA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property, At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption, 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&c Development Department) 3. This application must be filed with City prior to the 0 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill oat the following information for your application to be submitted to the City Council, NAME: & G�,���L y i,,, SIGNATURE: ADDRESS. ; TELEPHONE: .m 0 G DATE: A. What is the address of the property being improved? ' F"i r ``_. " ..,. p t County Recorder's Office on 2nd floor of the Courthouse)? g p � the,,� property?(May be available a What►s the Legal Description of p l � , ', r ..�. � �r G'.°. N4.. � 4'4 B. Indicate desired exemption schedule:(1 or 2) 1. :• One Hundred Percent(1.00%)exemption for three years on the actual value added by improvements; r 2. A partial exemption on the actual value added by improvements according to the following schedule: If a. First Year----------g0% d. Fourth Year-------50P/n g. Seventh Year------30% b, Second Year------70% e. Fifth Year---------40% h, Eighth Year--------30% c. Third Year---------60% f Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C, What was the nature of the improvement(s)? f f,4 III. „Y (`�„ A M�+...��m, w�`� R""y" �. ,, � tk.✓ p�� ry �''w^4� ��.,� � ��`j�l,l���"r D. City of Waterloo Building and Inspections Department Information. ti , 7 c't Permit Number: Date permit was issued: "` Total permit(s)valuation: E. What was the cost of the improvement? R Estimated or actual date of completion of these improvements? rl c G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes `'/!, No i r Note: The improvements to your home or business may not change the assessed value, Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black i Hawk County Assessor's Office for criteria eligibility. 1 Page 28 of 303 CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor i {i i 5 Page 29 of 303 r� l f � III I f%�/, � �' f illlliiiili I II I l G� rsl; r .. m I I`��Illl r �r � r T v r / r tirr„i � r B e map data source s Black Hawk C—ty ' Th's meed f,,not repr,a (survey I' - rp,,.,,he a o,,d by BI,k H, I' t d h , Is essun ether expre C...N'mq'ad by.,th— pI ry h Black Hawk County Assessor oriher ply !� dam ss�p.,d�addydd� dldP h p eaLv hereof aU n ff 0 50 100 200 Bleck Hewk County Assessor's Offce for l—plebe e,dpreprer� �mefpn Fee �-- , CITY OF WATERLOO Council Communication Resolution approving the request of Tim Aitchison for tax exemptions on the construction of a new single family home valued at$172,657 for a property located at 506 Milwaukee Avenue, and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting: 11/5/2018 Prepared: 10/21/2018 REVIEWERS: Department Reviewer Action Date 11patuuun'nng& Zonuinng Sdircoederc, A.rie Approved 10/22/2018 .... 517 PM t.`Ilcnp Office p p igby, Na my Approved 10/26/2018 .... 9.36 AM ATTACHMENTS: Description Type C1JR .`06) Muiwaaup<ee Avernie Foir_uii� Me°army CLL . .506 Mi wanaup c.c.Av ern ie Maps t."ove.r Me.n-io Resolution approving the request of Tim Aitchison for tax exemptions on the SUBJECT: construction of a new single family home valued at $172,657 for a property located at 506 Milwaukee Avenue, and located within the Consolidated Urban Revitalization Area(LURA)-. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to residential property under the Consolidated Urban Revitalization Area. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Alternative: N/A Background Information: N/A Page 31 of 303 Legal Descriptions: Lot 36 Maywood 3rd Addition Page 32 of 303 For Office Use Only ,. Date Received: Received by:-=77W-7C to make a copy foapplicant_ CONSOL,IDATED WMAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDA'T'ED URBAN REVITALIZAIJON AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within J its boundaries that meet the following criteria: I. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department,) 3. This application must be filed with City prior to the 1"working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fll out the following information for your application to be submitted to the City Council. NAME: I t" �1 i� Vw "�_ SIGNATURC" � ADDRESS: TELEPHONE: �CY q I Cst S`:��.,� DATE: ..^. A. What is the Address of the property being improved? J,,qa orz y c County Recorder's Office on 2°d floor of the Courthouse)? What is the LegalbDescf�ipli � of the pro erty�(Mayr�be�vai�a�bl�etat �(( '' B. Indicate desired exemption schedule:(I or 2) r 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. A A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40%ti h. Eighth Year--------30% c. Third Year---------60% f Sixth Year---------40% i. Ninth Year---------20% j. 'Tenth Year---------20% C. What was the nature of the improvement(s)? D. City of Waterloo Building and Inspections Department Information: r Permit Number:�,X `wu,� ;11 I� Date permit was issued: l f� Total permit(s)valuation: E. What was the cost of the improvement: F. Estimated or actual date of completion of these improvements? I' t G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants?___ Yes No Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 33 of 303 CITY OF WATERLOO OFFICE USE ONLY f APPROVED DATED: RESOLUTION NO: is 'r. i DENIED I.i BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor s f i I Page 34 of 303 I ca, ii / SHULTZ ST r ii / � 1W r a ROOSEVELT ST r vi rill r .ANN ST etplata es 6lzck Hewkc ry 'V ' Tb's map does not revresenta survey I'b'Iry Is —dfor[heasurecYofthedadad f1 do ren, eIDesr exprewk ssed 11' 011d by Black HaCou ty the slack Hawk conmv Assessor ormer plv me cty of—ted-makes now—ty p nr Bl...-ytk .f.UAssesso'sO f" con ple,e r 0 /50 X100 Zoo I,is m_p and exp dydV bIyf nn % F gaacytneraof o n Itl r ff - / tsren vet's ec add d I d n e,aareprar� mrn�aopn. Fee CITY OF WATERLOO Council Communication Resolution approving the request of Jereme G. Gunnuscio for tax exemptions on the construction of a new single family home valued at$321,208 for property located at 1208 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 11/5/2018 Prepared: 10/21/2018 REVIEWERS: Department Reviewer Action Date 1°ku)in ng& Zonu rig Sdircoederc, A.rie Approved 10/22/2018 . 5Oi PM 1.1Ilcrrp Office 1 p igt.)y, Namy Approved 10/26/201 ... 9.37 AM ATTACHMENTS: Description Type 1.208 1"arr trr klt.;:, 1 m e 1=a oit ni Me nio 1211 1: rrtii pdgp::° 1,rrine. Map t."ove.r 1 e.n-io Resolution approving the request of Jereme G. Gunnuscio for tax SUBJECT: exemptions on the construction of a new single family home valued at • S321,208 for property located at 1208 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Legal Descriptions: Lot 22 Audubon Heights Fifth Addition Page 36 of 303 CIT' LIMITS URBAN REVITALIZATION�4PPLIC.�.TI4�*1 �� ry p:���� � � :�J v FOR PROPERTY TAX EXEMPTION FOR.CONSTRUCTION OF NEW ONE OOH FAMILY DWELLINGS UNDERTHE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. , The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one @ dwellings(single family homes or duplex/twin homes)that meet the following criteria: 1. Be located within tine CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior to the 11 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors, Please fill out the following information for your application to be submitted to the City Council. NAME: i tt SIGNATU 7-7 i u i i._ ADDRESS: (/t, a � ,,..... TELEPHONE: /'c(, 6 6, .DATE. � "y���� �°��� � � 2 ��d' � I r 1 A. What is the Address of the property being improved? 0'00 t°'�e�r f-i".AV= (' °r r fes " 0 What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse) B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: - Permit Number: 't1M" w (1(> t►1 Date permit was issued: t —I " l { Total permit(s)valuation: .. D. What was the cost of the new construction? t E. Estimated or actual date of completion of this new construction?. ' CITY OF WATERLOO + APPROVED DATED: RESOLUTION NO: DENIED BLACK.HAWK COUNTY ASSESSOR APPROVED DATED: Tauri McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black flawk County Assessor's Office for criteria eligibility. Page 37 of 303 1 V/ I'/%� - { / °I � ............................................. i y nd 1208 Partridge No Timm= UZI MEN= mom J x { � A .::.. 1 ( �����li/�%/���1 o�i�///�i,�,i ,i w sHau�is Ro aha d' �r i P � r� Base map data source is BI— Th, lackTh's map dols nor represan[a survey I'blliry emea mr mea�urapv of n,e aau3d r eared Herein linesr expressed r Imgled by Bleck Hewk County,the Black Hawk County Assessor,or rneir employees. The Cryofll-doo makes no vldnany p o IVVV J 4 Impl Bd as to the accuracy or me nfor - n n onft.map nd-prasdv a sda msfatilryfortne �� ��� 1 accuracy thereof.users shoal d rar�rmoffcial pars,savoys,ramrded loads,-.located at the Black Hawk County Assessor s off",ter complete Fe e and acc r inlpmie0pn. CITY OF WATERLOO Council Communication Resolution approving the request of Robert and Kaye Huff for tax exemptions on the construction of a new single family home valued at$210,000 for property located at 2923 Ansborough Avenue, and located in the City Limits Urban Revitalization Area(C LURA). City Council Meeting: 11/5/2018 Prepared: 10/21/2018 REVIEWERS: Department Reviewer Action Date 1°nuuuuun'ruu r& Zonr ing Sdircoederc, Axie Approved 10/22/2018 .... 513 PM 1.1Ilc p Office 1pigt.)y, Tvtamy Approved 10/26/2018 .... 9.36 AM ATTACHMENTS: Description Type C1,(JR.A.2923 h,ns1[)()ioiij.?Ji Ave. FOflli Menio C ,(JR.A.2923 A::sboro ug)-i Ave. leap t."ove.r 1 e.n-io Resolution approving the request of Robert and Kaye Huff for tax SUBJECT: exemptions on the construction of a new single family home valued at $210,000 for property located at 2923 Ansborough Avenue, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Legal Descriptions: Ridgeway Heights Lot 9 Page 39 of 303 i For Office Use Only Date Received: lot i t Received by: t Staff to make a copy fdc applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIM[TS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-ear 100 property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the l"working dgy of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fitlI out the following information for your application to be submitted to the City Council.Projects started prior to the - adoption date of duly 18,2011 do not qualify. NAME: & SIGNATURE: ADDRESS: `L as !f Q_5 bnE/) J1 TELEPHONE: - 71��' DATE: U A. What is the address of the property being improved? What is the Legal Descriptio»of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse) i B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) ` L i C. City of Waterloo Building and Inspections Department Information: Permit Number: 170 to IDate permit was issued: 7 Total permit(s)valuation: D. What was the cost of the new construction? s E. Estimated or actual date of completion of this new construction? % ,f Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: r DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY s APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 40 of 303 s fir !i/g r//i J / r oar y"I;J i l r /ilii � IMP r 2923 Ansborough 1 % t / f r p i Z / r/ r / 1 r/ ei�rim»r�;uJ1N1i"rY�o�7mm.. , u I 1 a %,lir rG r Base map data source 1s BI— Th, lackTh's mepdoes not rep III, I Is for tde accured by iM1e defied I' d h ether,"reI,If expssedor'mq'ad by eelth,, .pl. tee ctvI Cat,d- k n v Pla I�� II4 11� �Blak Hawk Co—IdId d-d,-ce(—d eleerim 0 50 loo 200 'k I I 11{'. (Aets rveye tern d d d d d h erd accurate fi,iA,, if ' Fee / CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as November 19, 2018 for a request by GBG, LLC to rezone 2.58 acres from"R-2" One and Two Family Residence District to "R-4,R-P"Planned Residence District to allow for the construction of a new medical office, located to the north of 1505-1515 Logan Avenue(George Washington Carver Academy), and instruct City Clerk to publish notice. City Council Meeting: 11/5/2018 Prepared: 10/23/2018 REVIEWERS: Department Reviewer Action Date 11 pnn:nrn'ig& Zorn Rrig Sd roeder, Asic Approved 10/24/201 ... 2-.07 PM t.`Ilerp Off-we R RrynRn , Namy Approved 10/26/2018 .... 9-.43 AM ATTACHMENTS: Description Type .tt clm.i.e nts .... Rezone. R.2 to R.41�11 .. Merl Clil'Rc t."ove.r Memo Resolution setting a date of public hearing as November 19, 2018 for a request by GBG. LLC to rezone 2.58 acres from"R-2" One and Two SUBJECT: Family Residence District to "R-4,R-P"Planned Residence District to allow for the construction of a new medical office, located to the north of 1505- 1515 Logan Avenue(George Washington Carver Academ3 and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval with conditions. Transmitted herewith is a request to set the date of public hearing as November 19, 2018 for a request by GBG, LLC to rezone 2.58 acres from"R-2" One and Two Family Residence District to "R-4,R- P"Planned Residence District to allow for the construction of a new medical office, located to the north of 1505-1515 Logan Avenue(George Washington Carver Academy). Two different site plans have been submitted to have both layouts approved under this rezoning request. Both site plans show an initial 10,000 square foot building with the ability to expand the building by another 10,000 square Summary Statement: feet. The difference between the site plans is the first site plan shows the initial building being closer to West Louise Street and the other option shows the initial building being around 200' to the south of West Louise Street. At their October 2, 2018 meeting the Planning and Zoning Commission voted unanimously to recommend approval of the rezone request, with the conditions that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc., and sidewalk is extended along West Louise Street to the west property he Page 42 of 303 of the proposed lot to provide a direct pedestrian connection from the recreational trail to the site and fill a gap in the sidewalk system Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. Alternative: N/A Background Information: N/A That part of the Southeast Quarter(SE 1/4) of the Northeast Quarter(NE 1/4) of Section Fourteen(14), Township Eighty-nine North(T89N), Range Thirteen West(R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of Lot One Hundred Twelve(112), Allen Heights Addition; thence S00°01'40"E Fifty(50.00) feet along a line Thirty-three(33.00)feet west of and parallel to the East line of aforesaid Northeast Quarter(NE 1/4)to the South right-of-way of West Louise Street; thence S89°17'53"W Ten and Thirty-eight Hundredths (10.38) feet along said South right-of-way line to the Northeast corner of Acquisition Plat, Document No. 2011-04983 in the Black Hawk County Recorder's Office; thence continue S89°17'53"W Sixty-nine and Eighty-four Hundredths (69.84) feet along the North line of said Acquisition Plat to the Northwest Legal Descriptions: corner of said Acquisition Plat and to the point of beginning; thence S37°34'31"E Twenty-eight and Eighty-one Hundredths (28.81) feet along the West line of said Acquisition Plat; thence S00°10'32"E Twenty-two (22.00) feet still along said Acquisition Plat to the most Northerly corner of Acquisition Plat, Document No. 2012-15951 in aforesaid Recorder's Office; thence S14°11'20"W One Hundred Twenty-six and Ninety-seven Hundredths (126.97) feet along the West line of said Acquisition Plat; thence S00°10'32"E Three Hundred Fifteen and Ninety-six Hundredths (315.96) feet still along said West line; thence S88°58'05"W Two Hundred Twenty- three and Eighty-two Hundredths (223.82) feet; thence N00°33'40"W Four Hundred Eighty-four and Ninety-nine Hundredths (484.99)feet to aforesaid South right-of-way of West Louise Street; thence N89°17'53"E Two Hundred Forty-one and Seven Hundredths (241.07) feet along said South right-of-way line to the point of beginning containing 2.58 Acres. Page 43 of 303 October 2,2018 REQUEST: Request by GBG, LLC to rezone 2.58 acres from "R-2" One and Two Family Residence District to "R-4,R-P" Planned Residence District, located north of 1505-1515 Logan Avenue, directly at the southwest corner of Highway 63 and West Louise Street. APPLICANT: GBG, LLC, 1633 Dakota Drive, Waterloo, IA, 50701. GENERAL The applicant is requesting to rezone the property to a planned DESCRIPTION: residential zoning designation to allow for the development of a 10,000 square foot medical clinic, and the potential for another 10,000 square foot expansion. IMPACT ON The request would not appear to have a negative impact upon the NEIGHBORHOOD & surrounding neighborhood and land use in the area. There is low SURROUNDING density residential development along the north side of West LAND USE: Louise Street and the east side of Highway 63. Due to their being low density residential on the north side of West Louise Street, mitigation steps should be taken to lessen the impact such use could have. VEHICULAR & The property is served by Highway 63, which is classified as a PEDESTRIAN Principal Arterial, and West Louise Street, which is classified as a TRAFFIC Local Street. This rezone request would not appear to negatively CONDITIONS: impact vehicular or pedestrian traffic within the area. Highway 63 in this area has been reconstructed and turn lanes and a wider median were constructed to accommodate for a better flow of traffic through the area. The proposed use would not appear to negatively impact pedestrian conditions in the area. RELATIONSHIP TO There is a 10' recreational trail located along the west side of RECREATIONAL Highway 63 and a sidewalk on the east side that were constructed TRAIL PLAN AND when the highway was reconstructed. There is no public sidewalk COMPLETE STREETS located along any of the nearby Local Streets and an opportunity POLICY: exists for future sidewalk extension in this area to promote different modes of reaching destinations. Staff recommends that when the site is developed that a sidewalk is constructed along the south side of West Louise Street to the west property line to create a direct pedestrian connection from the recreational trail to the site and fill a gap in the sidewalk system. ZONING HISTORY The area in question is zoned "R-2" One and Two Family FOR SITE AND Residence District and has been zoned as such since the adoption IMMEDIATE VICINITY: of the Zoning Ordinance in February of 1969. Surrounding land uses and their zoning are as follows: North — Single-family residences, zoned "R-2" One and Two Family Residence District. South — George Washington Carver Academy and open greenspace, zoned "R-2" One and Two Family Residence District. East — Single-family residences and Highway 63, zoned "R-2" One and Two Family Residence District. SW corner of W Louise St and Hwy 63 P&qWO&303 October 2,2018 West — St. Paul's United Methodist Church and greenspace, zoned R-2" One and Two Family Residence District. DEVELOPMENT The area primarily consists of low density residential, with the HISTORY: exception of nearby George Washington Carver Academy and light commercial uses located to the south at the intersection Highway 63 and Esther Street. The majority of the housing in the area was constructed from the 1930s to the 1970s. The rezone area is on the former site of Logan Middle School, which was demolished in 2015. BUFFERS/ The site plan shows two potential site configurations with the SCREENING majority of parking being located on the northerly portion of the REQUIRED, rezone area. This layout would not require any screening due to LANDSCAPING: the nearby residential uses being located across a street. Staff believes it could be beneficial to have some sort of screen in place as defined by the Zoning Ordinance to mitigate any impact the parking lot could have on the nearby residences, such as headlights shining on the homes, most particularly in the winter months. The site plan with the majority of parking facing Highway 63 would not appear to have a significant impact to the homes to the east due many trees being planted within the right-of-way along the recreational trail when the highway was reconstructed. DRAINAGE: The rezoning request would not appear to have a negative impact upon drainage in the area. When the land is developed, it will be a requirement that a storm water detention and other water and erosion control plans be submitted to the Engineering Department for review. FLOODPLAIN: The property in question is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. PUBLIC /OPEN George Washington Carver Academy is located approximately 200 SPACES/ SCHOOLS: yards to the southwest and Lincoln Elementary School is located approximately 1.5 miles to the west at the intersection of Cedar Bend Street and Walker Street. Gates Park is located roughly a '/2 mile to the northeast along East Donald Street. UTILITIES: WATER, A 12" sanitary sewer and an 18" storm sewer are located to the SANITARY SEWER, north in West Louise Street that the new development can connect STORM SEWER, ETC: into. There is also a 6" water main in West Louise Street and a 12" water main on the east side of the Highway 63 right-of-way. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities and Public Areas. LAND USE PLAN: The rezoning request would not be in conformance with such designation, however, the Future Land Use Map is used as a guide in making land use decisions, and it may be necessary in the future to amend the Future Land Use Map to reflect a change in use. SW corner of W Louise St and Hwy 63 P&gLF45f bf 303 October 2,2018 STAFF ANALYSIS — The "R-P" Planned Residence District is intended and designed to ZONING provide a means for the development of tracts of land on a unit ORDINANCE: basis, allowing greater flexibility and diversification of land uses and building locations that the conventional single lot method. The rezone are consists of 2.58 acres and is being rezoned to allow for a future medical clinic. The "R-4" Multiple Residence District does allow for the development of professional offices, therefore, it would be permitted in the "R-4,R-P" as well after a review and recommendation by the Commission and a final decision by the City Council. Two different site plans have been submitted to have both layouts approved under this rezoning request. Both site plans show an initial 10,000 square foot building with the ability to expand the building by another 10,000 square feet. The difference between the site plans is the first site plan shows the initial building being closer to West Louise Street and the other option shows the initial building being around 200' to the south of West Louise Street. A medical office requires one parking stall for each 200 square feet of floor area and 10,000 square foot building would require 50 parking stalls. If the building were expanded in the future to 20,000 square feet, a total of 100 parking spaces would be required. The site plan showing the majority of the parking (42 spaces) oriented towards Highway 63 and another 15 behind the building for a total of 57 parking stalls would meet the requirements of the Ordinance. Also, there is the ability to add another 45 parking stalls for a total of 102 spaces if the building is expanded. The site plan showing 50 parking stalls orientated towards West Louise Street and another eight to the west of the building, for a total of 58 parking stalls, which is in accordance with the parking requirements. That plan shows the parking areas being expanded by 43 parking stalls if the building is expanded for a total of 101 parking stalls, meeting parking requirements. It should be noted that the Ordinance does allow for areas not used for patron uses, such as utility and storage areas, to be subtracted from the overall square footage when determining the number of parking spaces needed, so the amount of parking spaces could decrease once a building layout plan is received. As mentioned, before, it may need to looked at possibly to see if any screening of the parking lot towards the homes on the north side of West Louise Street. At the Technical Review Committee meeting, it was questioned if all or some of the parking lot where the new building would be constructed would remain or be reused. Staff talked with the Waterloo Community School District and it is their intention to keep the parking lot to the west of the proposed clinic that connects to the bus lane. Looking at the submitted site plans, it appears that the eastern part of the parking lot would be removed to construct a new parking lot for the clinic. SW corner of W Louise St and Hwy 63 P&gLF46f 6f 303 October 2,2018 STAFF ANALYSIS — SUBDIVISION The Waterloo Community School District is splitting off this parcel ORDINANCE: through a plat of survey and it is not required to go through a formal platting process. STAFF Therefore, staff recommends that the request to rezone 2.58 acres RECOMMENDATION: from "R-2" One and Two Family Residence District to "R-4,R-P" Planned Residence District, located north of 1505-1515 Logan Avenue, be approved for the following reasons: 1. The rezoning request would not appear to have a negative impact on the surrounding area, and the proposed planned zoning district would appear to put the proper safeguards in place to mitigate any impact the medical office use could have upon nearby residential uses. 2. The request would not appear to have a negative impact upon pedestrian or traffic conditions within the surrounding area, as Highway 63 has been reconstructed, improving traffic flow and there is adjacent recreational trails and sidewalks. 3. Rezoning the land to permit a medical office would be utilizing an infill development site, which would not require the extension of needed infrastructure, making this a smart growth project. And with the following condition(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 2. That sidewalk is extended along West Louise Street to the west property line of the proposed lot to provide a direct pedestrian connection from the recreational trail to the site and fill a gap in the sidewalk system. SW corner of W Louise St and Hwy 63 P&gLF4 T bf 303 City of Waterloo Planning, Programming and Zoning Commission May 1, 2018 M-1 R12 M-2,P 7=R-2,C-Z R-1 LR1 RALSTON RD C 2 R-3 R-2 , _ Q .... z � o C-P z MIDLAND SMIDLAND ST %� . C-P `� — . .... IMI, W C-P .. Q ¢ _ i Lu R4 Nr "I m _ C-2 III R-21.ICI-IZI z �, RIDING T/ME ST' R-4 1 l f 1 V I'p C Z .... ¢ R 14 E.DONALD ST O Q W. DONALD ST 1 -P W W A -ONE QUARRY,RD z C Q Q H-1 R-3 R-4 m E. DALEs� a W. LC r�i>IISE ST 1 � " E LOUISE SrTi T a �7j �0 63 ¢ �. W ANI ST M-2 LITCHFi°o AVE ° M-2 R-4 z M-1 �`� `� ESTHER sT - W HANOVER ST E C�2 C-1 m 0 HANOVER S I l 1 11. 1 ¢ .� p ��-A1 o R-P 1 �BIS]1 1 ,. R REE2a C W W ARLINGTO Z v LESTER ST '�. ST g LIu TON 1R-4;Ci-Z U - I'll, -Z �IICHARLFSI1 i� Q ¢... R-2I'll C Z 1 O I Y , ST � 111 C 1,C�Z II..IIII,� W. PARKER ST fl" �l ..W 11... E. PARK � 1111I � R®Plll �l� R 2,C Z L �--.. �', OLIVER Lu ST rP NEWTON ST ���11I1�1 ul7' v h, I111�111111.0. �III�,III OKE D �iiil.li X11111 (11111111 ����11°iii ��J1111111111iABL �� 1� ��� � �i1 1 111111 , 11111�1illllzGABLE sr I1111111 1:1111111111:11111111¢ llllllllll`. KERN sr �I A LI M-2�1IIi11�1111111'11I 111 1 RICKER ST Y KICKER ST' > DAWSON ST 11111 11-11111111 I1 w Ivi=�� 111111 C), 111111m �iilul1 2 11111111 11 �111� 1111 11111 R-2'C-Z�II 1111111111 1 11 a Ill R-2,C-Z 1.�I�1 1 �� 11IIRIIE�"L�isillilll1.111I1�'j111111111�1"� �i111111�11 1 ii11111iiljlllll'; IIII�I II R-3NEWELesr 111 �11i1iRI�3L R13' �I coN1clERlsr C=2 C-Z 1111 J 1 �� I I l �i, 1u R-P QUINCY ST R-3 C Z� - z C 2 > w N 1 111 1 11 " I I I]111-®I �[1111I111 �I �� iiilil � , 11 1 {� { '1 w M-1 R13��'o a� ¢ I1I1� �1 z 111111 > ,AaI.GG U LC Z WEBSTERST _, F W ¢ ¢ CENTER ST z , Z 1 1 �— 111 11 A_1 11 EDWARDS M-1 U �....I ADAMS ST w 1111I�I �11111ii�i �� . 1. ST "� � ��� � '11111111a11 R 1 I� I 1 IIIILIlI11IL2�C- R- ; ZI11111 L:IIIII :PARK D 3 M-1 a 1i 1111 111 rlll ��IIII11�111 N North of 1505 - 1515 Logan Ave w E Rezone from "R-2" to "R-4,R-P" s Matt Miehe 1,000 500 0 1,000 � � Fee[ Page 48 of 303 City of Waterloo Planning, Programming and Zoning Commission October 2, 2oi8 i i WY 1 ISE S / .LOU IIS "�I 'll Vr Illl�lij!� 4 i lYl 'I I it'll� Y�u / 1 m i' p,iiuuiummm LIW��I.y4,,. 11llrll, /�/ MI,�1�; uIII� Iq �III,li41I Ifs`` I�I yll II ire � �� � Areas to be Rezoned �� J - / ,J 1 lei ul��, 63 f f / ft y N North of 1505-1515 Logan Ave W*ERezone from "R-2" to "R-49R-P" s Matt Miehe 100 50 0 100 , Feet Page 49 of 303 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319---235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 PLAT OF SURVEY PARCEL "G" SHEET 2 OF 2 Part of the NE 1/4, Section 14—T89N—R13W 4Waterloo, Black Hawk County, Iowa 0 100 Survey for: Waterloo Community School District Proprietor: Waterloo Community School District 1 60==ii# 1 INCH = 100 FEET N e4 NE CORNER ;3 SEC. 14-TB9N-R13W v (FOUND 4 8" SPIKES) o ALLEN HEIGHTS ADD. DOCUMENT No. 2017-02370 '00 LOT 134 LOT 111 LOT 112 33.00' o. 33' 0 Ln (S89'17'53'W-1325.62') '` 'j N `j W. LOUISE STREET N N (33.00) 33' (N69'1753'E-241.07') L3 � NW CORNER, SE 1/4, NE 1/4, 9 0 SEC. 14-T89N-R13W (FOUND No. 5 REBAR, BENT) DOC. No. 2006-21039 cCj -",q i 1'j�1 Com] N U Z0)0 �IZ V V)r J C LUNE co n Z U 0 Q > U 1 W PARCEL 'G" a Z (2.56 ACRES) 6 ZQ o Z T CO It m 0 07 U 00 W u7 F N � Q M M I o z b -'� E CURVE TABLE v b n DIMENSIONS IN FEET a M CURVE LENGTH I RADIUS CHORD I CHORD B. a C11 30.361 98.00 30.24SOS*51'00'W C21 34.701 112.001 34.56 S08'51'00'WF to M Z N P LINE TABLE DIMENSIONS IN FEET LINE LENGTH BEARING N TI J L1 50.00 S00'01'407E is 50.00 500'00'51"E (S88'58'05"W-223.82') Z L2 10.38S8917'53"W o 10.38 S89'26'50'W L3 (69. 4) S8W17'53'W 69.84 S89'26'50'W n o IL L4 28.81 53T34'310 0 an Z 28.81 N37*25'34'W 0— 0 LS 22.00 (SO 10'32'0 W 22.00 N00'01'35'W v ^ 16 (AA RUN Aznrr1 n"%'7'nI Q a 10i. —_______ wv4arc.�Rf��AINJfJ �>31�qKc a'a'N3 p /may bEGBni'�3fKJHd W o lam! 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U�6"At56'3Cl�Id •tl V /1PSM N3153M7N'n4'J33Hlfl HL4940X1LL 01 - w O n»nu i vn nn�ni (.C)A n o I IIOMV OIN1-13 �i w y NOIlon1 USNOO 2JOd lON-MJVNINIIE2Ad NOPI CIO O C7 LO iBE, ri M/ r 1 % f / Al JV -------- ------- ------w umopadoi oNape£ ;PN'taN--w OPa 4SINh63VO Vld ft ZS'Zt 840)MI9 i APPLICATION FOR REZONING CITY OF WATT RLOO PLANNING,PROGRAMMING, AND ZONING COrVMSSION WATERLOO,IOWA 319,291.4366 1. APPLICATION 1NF(IRMATIQ_N� a. Applicant's name(please rint): C78& L C Fax: Address: 14,3 U 4wL b 'vC City: A l00 Slate: JJA Zip: M0 b. Status ofapplicant:(a)Owner (b)Other __(CH1;CK UNE); If other explain: OdkfA a. Property owner's name ifditTerent thV above(please print): Wa ,,kp D vr.v�n+.tt� 4 Dl SYS � Address l5lb S�in�q{ S . Phone: Fax: City: Injtk koo State: -,0\ Lip: 51470-2- 2. o o-2-2. PROPERTY INFORMATIDN: a. General location of property to be rezoned: NW C- Lmo .Aw - L-owSt ST b. Legal description of property to be rezoned: A ilxtE e c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): 4kX 2(41 d. Area of Proposed Zoning..oning Boundary(Excluding ILght of Way): e. g f. Rea on(s)for rezoning and proposed use(s)of property:scVVgWW d zoning: oft(h e— g. Conditions(if any)agreed to: 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 rezone request). The filing fee of$300+$10 per acre ($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This he is non-refundable. Cinder no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All infortnation submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the proper quastion In egards to the request. r � . / /f -/� , Ajit��Imd& 161rmqa� Sig ature of Applicant 'Datb gignature of Owner Date 1ni0,+noW f c&Mts Page 54 of 303 Rezone North of 1505-1515 Logan Avenue i Pi.!/ni mmn�il Looking south from Louise Street toward Looking southeast toward Logan Avenue George Washington Carver Academy and the Iowa Northern Railroad Tracks i � I y N Looking southwest toward George Looking east across the rezone area toward Washington Carver Academy the homes on the east side of Logan Page 55 of 303 i Looking north form the southwest corner of Looking from the southwest corner of the the rezone area. rezone area to George Washington Carver Academy. Page 56 of 303 CITY OF WATERLOO Council Communication Resolution approving specifications, form of contract, etc. and setting the date of bid opening as November 8, 2018, and resetting date of public hearing as November 19, 2018, in conjunction with the 2018 Public Works - Old CMC Building, Roof Replacement Project, and instruct City Clerk to publish notice, and rescinding Resolution No. 2018-787. City Council Meeting: 11/5/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date 11 p:t::rn'ig& Zonlr'ig Sd roederr, . .rpc Approved 10/1`x/2018 ... p 0.54 AM 1.`Iled(. Off-we Eveni, L-eA.rm Approved 10/1`x/2018 .... p p:17 AM ATTACHMENTS: Description Type P W Roof S1jwcs t."ove.r Memo PW 1Z.���n1f l��hll:rl:�,c,un:;uu Pirop�r�sa: t.:` over Mcru-io Resolution approving specifications; form of contract, etc. and setting the date of bid opening as November 8, 2018, and resetting date of public SUBJECT: hearing as November 19, 2018, in conjunction with the 2018 Public Works - Old CMC Building, Roof Replacement Project. and instruct City Clerk to publish notice, and rescinding Resolution No. 2018-787. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Source of Funds: Public Works Page 57 of 303 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 58 of 303 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 59 of 303 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 60 of 303 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 61 of 303 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 62 of 303 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 63 of 303 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 64 of 303 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 65 of 303 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 66 of 303 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 67 of 303 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 68 of 303 CITY OF WATERLOO Council Communication Resolution resetting date of public hearing as November 19, 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 and rescinding Resolution No. 2018-788. City Council Meeting: 11/5/2018 Prepared: 10/16/2018 REVIEWERS: Department Reviewer Action Date 11prrnnrn'inrg& Zorririg Sdiroe<ler, . .ric Re'jeede<l 10/1`x/2018 9-.18 AM 1"p%BGnrniIg& zornprIg A.didera, 'p°irnrr Approved 10/1`x/2018 .... 1037 AM 11prrnmirg& Zornirig Scll-rroeder, Axe Approved 10/1`x/201 .... 10:53 AM t'llerll< 11f11ce llrlplby, Narncy A.pproved p 0/1`x/201 .... 11-00 A ATTACHMENTS: Description Type PA E of 2:120 W .ir"pirne, IIwy ('..'o e.r"Memo Resolution resetting date of public hearing as November 19; 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 and rescinding Resolution No. 2018-788. 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 Page 69 of 303 covers all the land. 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 70 of 303 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 71 of 3CR8 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 N ® Area in Question r r I -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 74o)0ql raw JIM �Yrry TEL 4:. lim " _ 4 m - f !W s V/ Y Page 75 of 3082 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 0q4 Page 76 of 3 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as November 19, 2018 for a request by Crystal Distribution Services for a rezone of approximately 2.53 acres from"M-1"Light Industrial District to "M-2" Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street, and instruct City Clerk to publish notice. City Council Meeting: 11/5/2018 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date F1pannrn'pnng& Zoanrng A.nderson, Cod Approved 10/30/201 ... 6-.19 PM t.`Ilerp Off-we p pn}niny, Nancy Re pected 10/31/2018 .... 934 AM 11pannrrnpnng& Zonnpnng Ifigby, Nancy Re ecl.ed 10/31/201 .... 9-35 AM Pl annnnpnnng& Zonnprng Dornnoff, John A.pproved p M/201 ... 8;18 AM P p annnnpng& Zonnpnnp° p p ppnldy, Nancy Approved 11/1/2018 ... 93 p A. Clerk Opiwe lfig#n , Nancy Approved 11/1/201 ... 933 !1.M ATTACHMENTS: Description Type Packet Coven men-10 p..,a:pap p:.)escn'ptkannS Cover Men-1.0 Resolution setting a date of public hearing as November 19, 2018 for a request byrystal Distribution Services for a rezone of approximately 2.53 SUBJECT: acres from"M-I"Light Industrial District to "M-2" Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street, and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted herewith is a request to set the date of public hearing as November 19, 2018 for a Request by Crystal Distribution Services for a rezone of approximately 2.53 acres from"M-I"Light Industrial District to "M-2" Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street. The applicant is requesting to rezone the property in question for the purposes of creating a new lot for development of a meat processing facility. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or Page 77 of 303 pedestrian traffic movements in the area. The site is served by Vinton Street which is a minor arterial which connects to US Highway 218 a P rinc ip a1 Arterial. There is a recreational trail located along the south side of Vinton Street that connects with the Cedar Valley Lakes Trail, the 18th Street Trail and the US Highway 218 Trail The area is zoned"M-1"Light Industrial District and has been zoned as such since July 8, 1991 by Ordinance 3803 which rezoned it from"M-2" when the Rath TIFF district was created. Surrounding land uses and their zoning are as follows: North— Crystal Distribution Services, zoned"M-I"Light Industrial District. South—Industrial and Commercial, zoned "A-I"Agricultural District and "M-2" Heavy Industrial District. East— Crystal Distribution Services, zoned "M-1" Light Industrial District. West—Cedar River, zoned "A-I"Agricultural District. The area is comprised of commercial and industrial uses built between 1938. No buffers would be required as a part of this rezoning request. Rezoning of the land would not appear to have a negative impact upon drainage in the area. As the area develops, it will be necessary that a storm water detention plan is submitted to the Engineering Department for review and that storm water is properly detained upon the site. The property is located in Zone X:Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. The nearest public schools are Lowell Elementary located 0.57 miles to the Summary Statement: west; Bringer Middle School located 2.54 miles to the southeast; and East High School located 1.19 miles to the north. The nearest open space is Lafayette Park located one block to the north. There are a 48" Storm Sewer and 18" Sanitary Sewer Line located in Vinton Street. The Future Land Use Map designates this area as Industrial and the proposed development is in conformance with the Future Land Use Map for this area. Applicant is requesting to rezone 2.53 acres from"M-1" Light Industrial District to "M-2" Heavy Industrial Development for a meat processing facility. The area was once part of the Rath Packing Plant and has sat vacant since the closing of the facility in 1985 and is currently an empty lot. The rezone will allow the meat facility to locate here and bring additional infill development to the area. The area surrounding the proposed rezone is largely industrial and commercial. To the north and east of the proposed rezone is Crystal Distributing which took over a portion of the former Rath facility. The proposed development is being proposed in this location because of the presence of Crystal, and it is proposed that the facility would connect to a Page 78 of 303 Crystal building for cold storage of the product. The site is served by Vinton Street which is a minor arterial and also has access to a Canadian National railro ad spur. The nearest residence to the site is located approximately 550 feet away on Rath Street. The applicant is planning to subdivide the property once the rezone is approved. Therefore, staff recommends that the request by Crystal Distribution Services for a rezone of approximately 2.53 acres from"M-1" Light Industrial District to "M-2"Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request would allow additional businesses in an industrial 4. The request is in compliance with the comprehensive plan and future land use map of the area. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. Alternative: N/A Background Information: N/A That part of Parcel"B", Miscellaneous Book 299, Page 597 in the Black Hawk County Recorder's Office, and That part of Parcel"C", Miscellaneous Book 330, Page 889 said Recorder's Office and that part of Parcel"E" Miscellaneous Book 344, Page 125 said Recorder's Office and a part of Auditor's Morningside Plat, and a part of the East Half of Section Twenty-five(25), Township Eighty-nine North(T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of aforesaid Parcel"C"; thence N52°39'20"W Two Hundred Eighty-two and Fourteen Hundredths (282.14) feet along the Southwest line of said Parcel"C" to the Southwesterly extension of the Southeasterly line of Building No. 1 (Freezer); thence N29°18'28"E Three Hundred One and Nineteen Hundredths (301.19) feet along said Southwesterly extension to the Southeast corner of said Building No. 1 (Freezer); thence N29°18'28"E Twelve and Five Hundredths (12.05) Legal Descriptions: feet along the Southeast line of said Building No. 1 (Freezer)to the most Westerly corner of Building No. 2 (Processing); thence S60°41'32"E Fifty- nine and Eighty-two Hundredths (59.82) feet along the Southwest line of said Page 79 of 303 Building No. 2 (Processing) to the most Southerly corner of said Building No. 2 (Processing); thence continue S60°41'32"E Two Hundred Ninety- three and Sixrty-seven Hundredths (293.67)feet along the Easterly extension of said Southwest line to the Southeast line of aforesaid Parcel"B"; thence S 17°28'36"W Seventy-seven and Eighty-three Hundredths (77.83) feet along said Southeast line and along the Southeast line of aforesaid Parcel"E' to the most Southerly corner of said Parcel"E"; thence N73°35'09"W Ten and Seventy-seven Hundredths (10.77) feet along the Southwest line of said Parcel"E" to the Southeast line of aforesaid Parcel"C"; thence S45°29'51"W Two Hundred Eighty-five and Forty-three Hundredths (285.43) feet along said Southeast line to the point of beginning containing 2.53 acres. Page 80 of 303 City of Waterloo Planning, Programming and Zoning Commission November 6, 2oi8 II I I I HIM IMIJ 11 Ll �IIILINIIIII�I win IIID m. c 1 II I - C-Pf I .1 I I.I M C-1A ' T 11 1 1 1 1 111 V I I.I11N 1 1I 111NI.I R'-'3' 1� I I I.1 I I IN I I I I[I.I I I I I II V I I I I.I MIDI I [ I11111IIIII VIII VIII III M-1 ILIII .I1[ 11111 R-1 R-P R-3 �� R 3,R P 111 1 I IiI IIIIII DLIII, M-1 IIIIII 1. III. _ IIII IIII II �II�III�� � N"I II,IIIIIVIIIIIII I�I�IIIIIIIN R 2,C-ZIIIIIIIIII Iw11IIII11 II�IINIIIIINI��I R-4 R-P` � = �� 1111 IIS' Ilia I I R 2,C ZI I1. R3C2,CZ. ," � � _ III 11.111.11111 11111111111 C-2Ii R3'E; Z 1 �PC211I1111111N11111111 i �JJJJ_I 111 IR-2 111 111 ":. M 1 . � C-2, M4= 1 C 3 C-2 r I I JI ��� M ��.. ,�. I�LN�1� TIM 1III�IIIIIIIIIII C :. j ., I 1+I II II ILII 11.1 II II II ILI III II 1 . l r ., C= M-1 }::VIII i l l II I I I I I I II I I IIII IIII � I�IJ "I'd 111 .1 IVIR 1,R-P R-4,R P C2 };4 C-1 ,C R-4 i Y , ;• III I � I 1 VIII ~ � R-3 ......... 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I .ILII III I - , I I � ',;r ' ;l I I�� IIII 'III IIL N South of 1656 Sycamore WE Rezone from "M-1" to "M-2" Crystal Distributiion Services 1,000 500 0 1,000 Feet Page 81 of 303 City of Waterloo Planning, Programming and Zoning Commission November 6, 2oi8 V ilii � Vi j ro'nti��, d i mow„ FEE u 0 i N South of 1656 Sycamore WE Rezone from "M-1" to "M-2" Crystal Distributing Services 100 50 0 100 Feet Page 82 of 303 November 6,2018 REQUEST: Request by Crystal Distribution Services for a rezone of approximately 2.53 acres from "M-1" Light Industrial District to "M- 2" Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street APPLICANT: Crystal Distribution Services, 1656 Sycamore Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to rezone the property in question for DESCRIPTION: the purposes of creating a new lot for development of a meat processing facility. IMPACT ON NEIGHBORHOOD & The request would not appear to have a negative impact on the SURROUNDING surrounding neighborhood or land use. LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The site is TRAFFIC served by Vinton Street which is a minor arterial which connects to CONDITIONS: US Highway 218 a Principal Arterial. RELATIONSHIP TO There is a recreational trail located along the south side of Vinton RECREATIONAL Street that connects with the Cedar Valley Lakes Trail, the 18th TRAIL PLAN AND Street Trail and the US Highway 218 Trail. COMPLETE STREETS POLICY: ZONING HISTORY The area is zoned "M-1" Light Industrial District and has been FOR SITE AND zoned as such since July 8, 1991 by Ordinance 3803 which IMMEDIATE VICINITY: rezoned it from "M-2" when the Rath TIFF district was created. Surrounding land uses and their zoning are as follows: North — Crystal Distribution Services, zoned "M-1" Light Industrial District. South —Industrial and Commercial, zoned "A-1"Agricultural District and "M-2" Heavy Industrial District. East — Crystal Distribution Services, zoned "M-1" Light Industrial District. West —Cedar River, zoned "A-1"Agricultural District. DEVELOPMENT The area is comprised of commercial and industrial uses built HISTORY: between 1938. BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING REQUIRED: DRAINAGE: Rezoning of the land would not appear to have a negative impact upon drainage in the area. As the area develops, it will be necessary that a storm water detention plan is submitted to the Engineering Department for review and that storm water is properly detained upon the site. South of 1656 Sycamore Street—M1 to M2 P&gLF$3f 6f 303 November 6,2018 FLOODPLAIN: The property is located in Zone X: Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN The nearest public schools are Lowell Elementary located 0.57 SPACES/ SCHOOLS: miles to the west; Bunger Middle School located 2.54 miles to the southeast; and East High School located 1.19 miles to the north. The nearest open space is Lafayette Park located one block to the north. UTILITIES: WATER, There are a 48" Storm Sewer and 18" Sanitary Sewer Line located SANITARY SEWER, in Vinton Street. STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates this area as Industrial and COMPREHENSIVE the proposed development is in conformance with the Future Land LAND USE PLAN: Use Map for this area. STAFF ANALYSIS — Applicant is requesting to rezone 2.53 acres from "M-1" Light ZONING Industrial District to "M-2" Heavy Industrial Development for a meat ORDINANCE: processing facility. The area was once part of the Rath Packing Plant and has sat vacant since the closing of the facility in 1985 and is currently an empty lot. The rezone will allow the meat facility to locate here and bring additional infill development to the area. The area surrounding the proposed rezone is largely industrial and commercial. To the north and east of the proposed rezone is Crystal Distributing which took over a portion of the former Rath facility. The proposed development is being proposed in this location because of the presence of Crystal, and it is proposed that the facility would connect to a Crystal building for cold storage of the product. The site is served by Vinton Street which is a minor arterial and also has access to a Canadian National railroad spur. The nearest residence to the site is located approximately 550 feet away on Rath Street. STAFF ANALYSIS — The applicant is planning to subdivide the property once the rezone SUBDIVISION is approved. ORDINANCE: South of 1656 Sycamore Street—M1 to M2 PAgWU M 303 November 6,2018 STAFF Therefore, staff recommends that the request by Crystal RECOMMENDATION: Distribution Services for a rezone of approximately 2.53 acres from "M-1" Light Industrial District to "M-2" Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request would allow additional businesses in an industrial 4. The request is in compliance with the comprehensive plan and future land use map of the area. South of 1656 Sycamore Street—M1 to M2 P&gW85f 6f 303 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 PLAT F SURVEY rov Parcel "Q" SHEET 2 OF 2 Part of Parcel "B", Parcel "G" & Parcel "E"", Waterloo, Black Hawk County, Iowa Survey for: Crystal Distribution Services, Inc. (Tom Poe) 0 100 Proprietor: Crystal Distribution Services, Inc. 1 INCH = 100 FEET SURVEY LEGEND: ® DENOTES FOUND PIN do YELLOW CAP #8033 (UNLESS NOTED OTHERWISE) O DENOTES 1/2" X 24" STEEL REBAR W/ RED PLASTIC CAP W/ NO. 16775 SET 000.00 DENOTES RECORD DIMENSION "SYC (000.00) DENOTES FIELD DIMENSION pt�70re StrS� rn. oma, } d d d 1 r,r,, h.t , 40 Parcel "B" � —(400) Misc. Book 299-597 ID J 0 � X36 O Parcel "Q" J 4 {rye (2.53 Acres) syS Parcel ",E" ',ss� Misc. Book w "' v a)p 344-125 .S73 -109 2$ 163.0 �g yy,,l 62.83 Parcel "C" 1077, Ili il���IIII �,or� w/ �.//�����/ r��///��%� �/li" v;. /rr✓O i i � „� , /l/�/1J/; ,lr% ,i/� fr i p , i ^ry <bry (rl� / j zy" r / / Rezone — Southwest of 1656 Sycamore � ur�ueeeer!III IIII ff«rr r f � �1 /f�r��I II `' ui VIIIIIII III rr � ii l f /liiii f ref Looking southwest along the 181h Street Bridge. Looking from Vinton Street to the proposed rezone area. Page 88 of 303 i to APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name(please print): t 0 4 -0 V,U,A ddre s s: State: J;h—o—ne.- ,'3) Fax: City: b, Status of applicant: (a) Ownct� (b)Other__(CHE CK ONE): If other explain: c. Property owner's name if different than above (please print):, Address:-- City:__ 2. PROPERTY INFORMATION: a. General location ofproperty to be rezoned: ILJ-1wn b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way):__ d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: I' I Requested zoning: f. Reason(s) for rezoning and proposed use(s)of property: g. Conditions(if any)agreed to: 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 rezone request). The filing fee of$300+$10 per acre ($750 max) (payable to the City of Waterloo)is required (round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct, All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. 4'u4A, Signature of Appl' ant Date Signatureof—Owner Date Page 89 of 303 That part of Parcel "B", Miscellaneous Book 299, Page 597 in the Black Hawk County Recorder's Office, and That part of Parcel "C", Miscellaneous Book 330, Page 889 said Recorder's Office and that part of Parcel "E" Miscellaneous Book 344, Page 125 said Recorder's Office and a part of Auditor's Morningside Plat, and a part of the East Half of Section Twenty-five (25), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of aforesaid Parcel "C"; thence N52°39'20"W Two Hundred Eighty-two and Fourteen Hundredths (282.14) feet along the Southwest line of said Parcel "C" to the Southwesterly extension of the Southeasterly line of Building No. 1 (Freezer); thence N29°18'28"E Three Hundred One and Nineteen Hundredths (301.19) feet along said Southwesterly extension to the Southeast corner of said Building No. 1 (Freezer); thence N29°18'28"E Twelve and Five Hundredths (12.05) feet along the Southeast line of said Building No. l (Freezer) to the most Westerly corner of Building No. 2 (Processing); thence S60°41'32"E Fifty-nine and Eighty-two Hundredths (59.82) feet along the Southwest line of said Building No. 2 (Processing) to the most Southerly corner of said Building No. 2 (Processing); thence continue S60°41'32"E Two Hundred Ninety-three and Sixrty-seven Hundredths (293.67) feet along the Easterly extension of said Southwest line to the Southeast line of aforesaid Parcel "B"; thence S17°28'36"W Seventy-seven and Eighty-three Hundredths (77.83) feet along said Southeast line and along the Southeast line of aforesaid Parcel "E' to the most Southerly corner of said Parcel "E"; thence N73°35'09"W Ten and Seventy-seven Hundredths (10.77) feet along the Southwest line of said Parcel "E" to the Southeast line of aforesaid Parcel "C"; thence S45°29'51"W Two Hundred Eighty-five and Forty-three Hundredths (285.43) feet along said Southeast line to the point of beginning containing 2.53 acres. Page 90 of 303 CITY OF WATERLOO Council Communication Request from Magic Mix Kids to hold their Snowflake Express event to be held at the Open Bible Church, 928 Jefferson Street on December 1, 2018 from 8:00 a.m. to 6:00 p.m., including street closures around the church of W. 7th Street and W. 8th Street between Jefferson to Washington Streets. City Council Meeting: 11/5/2018 Prepared: 10/30/2018 REVIEWERS: Department Reviewer Action Date 1 o ce Delsartrnent Moo is, Dave Approved 10/30/2018 .... 82 M 1.1Ilcap Office 1 p igby, Na my Approved 10/30/2018 .., p.25 P M ATTACHMENTS: Description Type Snowflalte- Express sti.eet dosiirc Irna;p' Me nio Request from Magic Mix Kids to hold their Snowflake Express event to be SUBJECT: held at the Open Bible Church, 928 Jefferson Street on December 1; 2018 from 8:00 a.m. to 6:00 p.m., including street closures around the church of W. 7th Street and W. 8th Street between Jefferson to Washington Streets. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve Request The Snowflake Express is an annual event, boarding at the Open Bible Summary Statement: Church, 928 Jefferson St., in downtown Waterloo. The train will travel south to Washburn and then return. Departure times at 9 a.m., 10:30 a.m., noon, 2 p.m., 3:30 and 5. Each ride is approximately 45 minutes long. Expenditure Required: Placement and pick up of City barricades. Source of Funds: General Policy Issue: None Alternative: None Page 91 of 303 waterloo iowa Bing .. httpsa/www.bing.com/search?q—waterloo+iow1.a&gs—n&form--QBR bng maps Waterloo 1 Area: 63.23 sq miles. �rV OIAD: 1,jk ILCr -X�'. 7 ,- fir, i,'I",- ) s '� .� -.r W � r� �y P �fa� : IN .� � .. rh e'1 III '� y ` a�` 'W S .. S �, ! §A t.11 5 tr !; F �^ H y fir. y '. Slyrf"M""' �ki�r = �g�;; ,3 F�'� F� 1 9 : 1, 1Rf% IM . 1. a d 4i r s C~ 4 yW hj vriI.K, . �ij ' , far n �s �, 01; z ' °'Ff �r� tai' - �4 � P rY¢ shy 4 c��{✓ 4s �� 1. s 9 �% fir? y isl d ZI.Ci� S ��.. " ,i� a< 1. *ai h ' �, 1a .i�3 X P '�4f„rn vy'y) >,�; c s y yy ��� e 1 , a vf� ..r /r n - Ig ,Y=i?`� �.s l..�a.-.- ,t. #e.a,.� ®2090HE E®OVenglrb$trfap 3 ,.a� Data from:Wiicipedia.: V1� 1 �- y\�V . __. lofi � . . eof303 1(11291 18,3:.1Q PM CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 1016 Ackermant Street (Parcel No. 8913-14-454-014)in the amount of$75.68, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 11/5/2018 Prepared: 10/26/2018 REVIEWERS: Department Reviewer Action Date (.'Ilerk Office Hpi") > 1" ammo y Approved 10/26/2018 .... 3 3� PM Resolution approving cancellation of assessment for 1016 Ackermant Street SUBJECT: (Parcel No. 8913-14-454-014) in the amount of$75.68, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle. City Clerk Summary Statement: This property was assessed in error for Garbage ($31.43), Sewer($31.74) and Storm(12.51) fees, totaling $75.68. Page 93 of 303 CITY OF WATERLOO Council Communication Resolution approving request of Lisa Grimm for a waiver for a concrete approach located at 3402 Monticello Avenue, and approve eliminating the sidewalk section due to unusual circumstances. City Council Meeting: 11/5/2018 Prepared: 10/31/2018 REVIEWERS: Department Reviewer Action Date p:^ngin=—'n rng K nLIISOnn, Iame Approved G 0/31/2018 ... tl 0.36 AM (.`Ilerk Op%ince plipg") > 114armcy Approved 10/31/2018 .... X0.37 AM ATTACHMENTS: Description Type I..)WW WaM n 3402 Monticello Covet Menlo Resolution approving request of Lisa Grimm for a waiver for a concrete SUBJECT: approach located at 3402 Monticello Avenue, and approve eliminating the sidewalk section due to unusual circumstances. 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. Legal Descriptions: WEST RIDGE FOURTH ADDITION LOT 32 Page 94 of 303 i WAIVER A' Q Cate: � � -) -x,gym i Honorable Mayor and Cit Council y y City Halt Waterloo, la 50703 x Council Persons: +� the drive ay and sidewalk specifications for the construction of aA'A , hereby request a waiver t driveway or sidewalk faceted at a x ror asphalt) M(carlce� p ) �(Address) This waiver is needled 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. "u elimination of the sidewalk section for asphalt driveways. F placement of a driveway or sidewalk on City right-of-way on an unimproved street. ,r„ ,,. NW �wii a,r x Other- � I"� ^- Y I agree to the fallowing: �1 To remove and replace this driveway to an official elevation at no additional expense to the k �F i City of Waterloo at such time that sidewalk Is constructed. ' r „2. To remove and replace the private driveway, as needed,to an official elevation at no additional r expense to the City of Waterloo at such time that curb and gutter Is constructed. , I 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. j 4. To employ a banded contractor who shall obtain a permit from the office of the City Engineer. S. To have the driveway constructed according to the specifications and policies of the City f Engineer and under his supervision. f 6. This waiver is for this property only. P Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of t recording this agreement. ` � l Respectfully submitted, 1 Tinted Name of Property Owner it nature of P operty Owner � Page 95 of 303 a CITY OF WATERLOO Council Communication Receive and place on file the 2017 Audit of the Waterloo Water Works City Council Meeting: 11/5/2018 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date W'ater Works Malfler, Mall Approved G 0/29/20 tl 8 0-41 AM (I ,11erk Office pg))y, 1" aicy Approved G 0/30/2018 tl-16 PNI ATTACHMENTS: Description Type 2017 A.u[(R. RepI ort log D Trastee's m 11ansen Lxfter to 13oard of' Covet Mell/no D 2017 At.tdit Report Wmerlloo Water Works (..'over Mei-u-io SUBJECT: Receive and place on file the 2017 Audit of the Waterloo Water Works, Submitted by: Submitted By: Matt Mahler, Water Works General Manager Recommended Action: Motion to receive and place on file the 2017 Audit of the Waterloo Water Works. The 2017 Audit Report of the Waterloo Water Works was received and filed Summary Statement: by the Water Works Board of Trustees at their regular meeting of October 25, 2018. Expenditure Required: No City funds are required for this action. Source of Funds: Waterloo Water Works operating funds, primarily generated from water sales. Page 96 of 303 HOGAN * HANSEN . A Professional Corporation Certified Public Accountants and Consultants Board of Trustees Waterloo Water Works Waterloo, Iowa We have audited the financial statements of the Waterloo Water Works for the year ended December 31, 2017, and have issued our report thereon dated September 27, 2018. Professional standards require that we provide you with the following information related to our audit. Our Responsibilities Under Auditing_Standards Generally Accepted in the United States of America and Government Auditing Standards Our responsibility, as described by professional standards, is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or others within management of your responsibilities. As part of our audit, we considered the internal control of the Waterloo Water Works. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the Waterloo Water Works' compliance with certain provisions of laws, regulations, contracts and grants. However, the objective of our tests was not to provide an opinion on compliance with such provisions. Generally accepted accounting principles provide for certain required supplementary information (RSI) to supplement the basic financial statements. Our responsibility with respect to this information is to apply certain limited procedures in accordance with generally accepted auditing standards. However, the RSI will not be audited and, because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance, we will not express an opinion or provide any assurance on the RSI. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Waterloo Water Works are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year.We noted no transactions entered into by the Waterloo Water Works during the year for which there is a lack of authoritative guidance or consensus.We noted no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. 3128 Brockway Road,Waterloo, IA 50701-5103 (319)233-5225•Fax(319)233-3188•E-Mail w@hoganhansen.com Member of American Institute of CPAs-Iowa Society of CPAs Algona•Ames•Belmond•Cedar Falls•Cedar Rapids•Forest City•Mason City•Waterloo Page 97 of 303 Board of Trustees Waterloo Water Works Page 2 Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the financial statements was: Management's estimates of the allowance for doubtful accounts, useful lives of fixed assets, unbilled revenue and the retirement plan obligation are based on historical loss levels and an analysis of the collectibility of individual accounts, prior experience with similar assets, billing days in the year and actuarial calculations. We evaluated the key factors and assumptions used to develop the estimates in determining that they are reasonable in relation to the financial statements taken as a whole. The disclosures in the financial statements are neutral, consistent and clear. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. Those disclosures include Notes 5 and 8 to the financial statements. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has either corrected all such misstatements or deemed them to be immaterial to the financial statements and has not recorded them to the general ledger. The following material misstatements detected as a result of audit procedures were corrected by management: adjustments to fixed assets and related depreciation and to the pension-related accounts. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter. Page 98 of 303 Board of Trustees Waterloo Water Works Page 3 Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues In connection with our audit,we issued a separate report on certain internal control related matters which included a material weakness related to reconciliation and listing of accounts,receivable at year end. That report also included our recommendations for improvements in internal controls over this area. Other Information in Documents Containing Audited Financial Statements With respect to the required supplementary information accompanying the financial statements, we applied certain limited procedures which consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSL We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year during the audit engagement. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information, a public record by law, is intended solely for the use of the Board of Trustees and management of the Waterloo Water Works and is not intended to be and should not be used by anyone other than these specified parties. ory -Axxlev HOGAN - HANSEN Waterloo, Iowa September 27, 2018 Page 99 of 303 Table of Contents Officials.......................................... ........................................................................................ 1 ' Management's Discussion and Analysis................................................................................ 2-5 Independent Auditor's Report................................................................................................. 6-7 Financial Statements Statements of Net Position8 ...................................................................................... Statements of Revenue, Expenses and Changes in Net Position............................................... 9 ' Statements of Cash Flows ......................................................................................................... 10 Notes to the Financial Statements. 11-26 Required Supplementary Information Schedule of Contributions-Waterloo Water Works Pension Plan.............................................. 27 Schedule of Changes in Net Pension Liability and Related Ratios-Waterloo Water WorksPension Plan................................................................................................................ 28 ' Notes to Required Supplementary Information - Pension Liability-Waterloo Water WorksPension Plan................................................................................................................ 29 Schedule of Proportionate Share of the Net Pension Liability- Iowa Public Employees' RetirementSystem ................................................................................................................. 30 Schedule of Contributions- Iowa Public Employees' Retirement System................................... 31 Notes to Required Supplementary Information- Pension Liability- Iowa Public Employees' Retirement System .............................................................................................. 32 P Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial ' Statements Performed in Accordance With Government Auditing Standards................. 33-34 Scheduleof Findings............................................................................................................... 35-36 Page 100 of 303 Officials Name Title Term Expires Mary Potter Chairman- Board of Trustees January 12, 2022 ' Scott Wienands Vice-Chairman - Board of Trustees February 3, 2020 Ron Welper Trustee January 12, 2024. ' Matt Mahler, PE Secretary, Treasurer and General Manager Indefinite ' Rick Wilberding Assistant Treasurer and Distribution Manager Indefinite Mary Ratkovich Assistant Treasurer and Office Manager Indefinite Tim Robbins Water Production Manager Indefinite 1 Page 101 of 303 ' Waterloo Water Works Management's Discussion and Analysis ' December 31, 2017 The Waterloo Water Works' (Utility) discussion and analysis is designed to offer readers of the Utility's financial statements a narrative overview and analysis of the financial activities of the Utility for the years ended December 31, 2017 and 2016. Readers are encouraged to read the Management's Discussion and Analysis in conjunction with the Utility's financial statements, which begin on page 8. Financial Highlights ' The Utility's assets exceeded its liabilities by $38.3 million as of December 31, 2017. Of this amount, approximately $10.3 million may be used to meet ongoing obligations to the citizens and creditors. The remaining net assets are invested in capital assets. 1 • The operating revenue of the Utility exceeded operating expenses by $3,661,419 and $3,323,340 for the years ended December 31, 2017 and 2016, respectively. • As of December 31, 2017,the Utility's unrestricted cash, certificates of deposits and accounts receivable of approximately $14.6 million exceeded total current liabilities by approximately $12.3 million. This ' excess is available for spending at the Utility's discretion. Overview of the Financial Statements ' This discussion and analysis is intended to serve as an introduction to the Utility's basic financial statements. The Utility is a single purpose component unit of the City of Waterloo, Iowa (City). The Utility provides water to its customers at rates designed to recover the cost of providing the water, including costs associated with installation and maintenance of water pumping, storage and transmission systems. As a result, the Utility prepares financial statements as a single enterprise fund in a manner similar to a private- sector business. The statements of net position present information on all of the Utility's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Utility is improving or deteriorating. The statements of revenue, expenses and changes in net position present information showing how the Utility's net position changed during the year. All changes in net position are reported as soon as the ' underlying event giving rise to the change occurs, regardless of the timing of the related cash flows. Thus, revenue and expenses are reported in this statement for some transactions that will result in cash flows in the following year. The statements of cash flows present information showing major sources and uses of cash by four types of activities. The activities are operating; noncapital financing; capital and related financing; and investing. Also included is a schedule which reconciles income from operations to net cash provided by operating activities. ' The basic financial statements can be found on pages 8 through 10 of this report. 1 2 ' Page 102 of 303 The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in the basic financial statements. Notes are considered to be an integral part of financial statements prepared in accordance with generally accepted accounting principles. The notes to the financial statements can be found on pages 11 through 26 of this report. Financial Analysis As noted earlier, net position may serve over time as a useful indicator of an entity's financial position. The ' Utility's assets exceeded its liabilities by $38.3 million and $34.6 million on December 31, 2017 and 2016, respectively. ' The following is a summary of the composition of net position as of December 31: 2017 2016 ' Current assets ................................................................. $ 15,203,655 $ 12,414,366 Noncurrent, noncapital assets.......................................... 398,964 419,155 Capital assets, net of accumulated depreciation .............. 27,948,677 26,910,951 Total Assets............................................................. 43,551,296 39,744,472 Deferred Outflows of Resources .................................. 563,744 911,448 ' Total Assets and Deferred Outflows of Resources..... $ 44.115.040 $ 40.655,920 ' Current liabilities .............................................................. $ 2,310,884 $ 2,089,158 Liabilities payable from restricted assets.......................... 188,053 186,156 Noncurrent liabilities......................................................... 3,353,381 3,761,480 Total Liabilities........................................................ 5,852,318 6,036,794 Deferred Inflow of Resources ....................................... 53,980 52,024 ' Net Position Net investment in capital assets....................................... 27,948,677 26,843,829 Unrestricted ..................................................................... 10,260,065 7,723,273 Total Net Position....................................................... 38,208,742 34,567,102 Total Liabilities, Deferred Inflows of Resources and Net Position......................................................... $ 44,115.040 40,655,920 Net investment in capital assets is by far the largest portion of the Utility's net position, 73.1% as of December 31, 2017, and reflect its net investment in capital assets (e.g., land, buildings, improvements, machinery, equipment, meters and water supply system). The Utility uses these capital assets to provide water and services to the citizens; consequently, these assets are not available for future spending. Unrestricted component of net position may be used to meet the Utility's ongoing obligations to citizens and creditors. It is the Utility's intention to use these assets for future operating purposes and capital asset ' acquisition and improvements. As of both December 31, 2017 and 2016, the Utility reported positive balances in both categories of net ' position. 3 ' Page 103 of 303 Governmental activities. Since the Utility is a single purpose enterprise, it has no activities classified as ' .governmental". The following is a summary of the changes in net position for the years ended December 31: 2017 2016 Operating revenue........................................................... $ 10,211,172 $ 9,701,052 Operating expenses......................................................... 6,549.753 6.377,712 Operating Income......................................................... 3,661,419 3,323,340 Net nonoperating revenue (expense)............................... 283,946 231,506 Capital contributions ........................................................ 3,839 13,656 Transfers to City of Waterloo ........................................... (307,564) (297,276) Change in Net Position................................................. 3,641,640 3,271,226 ' Net Position - Beginning of Year...................................... 34,567,102 31,295,876 Net Position - End of Year............................................. $ 38.208.742 $ 34.567.102 ' Operating revenue is the Utility's primary source of revenue and is generated from water sales and other services to customers. For 2017, operating revenue increased $510,120 from 2016 due primarily to an increase in customer usage. Operating expenses totaled $6,549,753 for 2017, a $172,041 increase from 2016 due primarily to the increase in salaries expense. Operating expenses included depreciation expense of $758,178 and $766,730 for the years ended December 31, 2017 and 2016, respectively. Net nonoperating revenue (expense) includes interest income, gain (loss) on disposal of assets and rent from leasing space for billboards and antennas. Net nonoperating revenue (expense) increased by$52,440 between 2017 and 2016 due primarily to an increase in interest income. Rent income totaled $175,532 and $171,242 for the years ended December 31, 2017 and 2016, respectively. ' Capital contributions totaled $3,839 and $13,656 for the years ended December 31, 2017 and 2016, respectively. These contributions are received as"front footage"fees as property is developed with resulting taps into the Utility's water distribution system and from private parties installing water main infrastructure ' in new developments. Transfers to City of Waterloo of $307,564 and $297,276 for the years ended December 31, 2017 and 2016, respectively, are equal to the value of metered water provided to the City at no charge. Operating revenue includes an amount equal to the transfer. The Utility also provides unmetered water to the City at no charge. However, no reasonable estimate of the value of the unmetered water can be made. Therefore, the value of unmetered water is not included in the financial statements. Budgetary Highlights Each year, the Board of Trustees adopts a budget using the modified cash basis of accounting which differs from the accrual basis of accounting used for the accompanying financial statements. The Utility's original budget was not amended during either of the years ended December 31, 2017 or 2016. Actual cash disbursements were approximately$7.0 million less than budgeted due to delayed invoices for major projects, under-budget bids from contractors and capital projects being delayed in 2017 for various other reasons. 4 ' Page 104 of 303 Capital Assets The Utility's investment in capital assets amounted to approximately $27.9 million and $26.9 million as of December 31, 2017 and 2016, respectively, (net of accumulated depreciation of approximately 1 $12.5 million and $11.8 million as of December 31, 2017 and 2016, respectively). This investment in capital assets includes land; buildings and improvements; water supply and distribution systems; meters; machinery; and equipment. ' Major capital asset construction and acquisition during 2017 included the following: • Installation of water mains. • Purchase of two vehicles. • Street reconstruction projects. • Upgrade and repair of well house buildings. • Partial completion of Dysart Road water main replacement and Progress Avenue projects. • SCADA and radio sensor updates. The following is a summary of the capital assets, at cost, as of December 31: ' 2017 2016 Land ................................................................................ $ 314,543 $ 314,543 Buildings and improvements............................................ 1,781,153 1,781,153 Water supply system............................I..........I................ 6,773,325 6,654,168 Distribution system........................................................... 24,325,773 24,136,212 Meters and equipment..................................................... 1,173,594 1,173,594 Machinery and equipment................................................ 3,713,868 3,586,324 Construction in progress.................................................. 2,349,745 1,029.833 Total................................................................................ $ 40.432.001 $ 38,675,827 Additional information about the Utility's capital assets can be found in Note 5 to the financial statements. Economic Factors and Next Year's Budget and Rates The Utility's primary source of revenue is water sales. Water rates were increased January 1, 2018. 1 Operating expense for 2018 is expected to increase over the same expenditures in 2017 due to payroll step increases for employees, insurance premium increases, contributions to the pension plan and other operating expense increases. Capital expenditures are expected to increase as the Utility is planning on continuing work on the Highway 63 North water main replacements; well number 21 variable frequency drive and replacement standby power project; implementation of GIS mapping and software systems; office reconfiguration and remodel; Highway 63 downtown Jefferson to Newell water main project; Shaulis Road main extension; starting on Progress Avenue water main extension; Pumping Station Building maintenance and stabilization project; University Avenue to Highway 63 water main replacement; AMR/AMI metering; Leversee Road and West Dunkerton Road main extension; Martin Luther King Jr. water main extension; Independence Avenue main extension; and completion of miscellaneous main replacement projects, partially in conjunction with the City of Waterloo's Street Reconstruction Program, all at an estimated cost of approximately $10,212,700. 5 ' Page 105 of 303 HOGAN + HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditors Report Board of Trustees Waterloo Water Works Waterloo, Iowa Report on the Financial Statements We have audited the accompanying financial statements of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of and for the year ended December 31, 2017, and the related notes to the financial statements which collectively comprise the Utility's basic financial statements, as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility ' Our responsibility is to express an opinion on these financial statements based on our audit.We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Govemment Auditing Standards, issued by the ' Comptroller General of the. United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the j financial statements.The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Utility's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Utility's internal control. Accordingly,we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. ' 3128 Brockway Road,Waterloo,IA 50701-5103-(319)233-5225-Fax(319)233-3188-E-Mail w@hoganhansen.com Member of American Institute of CPAs-Iowa Society of CPAs 6 Algona-Ames-Belmond-Cedar Falls-Cedar Rapids-Forest City-Mason City-Waterloo ' Page 106 of 303 Board of Trustees Waterloo Water Works Page 2 Opinion In our opinion,the financial statements referred to above present fairly, in all material respects,the financial position of the Waterloo Water Works as of December 31, 2017, and the changes in its financial position and its cash flows for the year then ended, in accordance with accounting principles generally accepted in ithe United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, the schedule of contributions-Waterloo Water Works Pension Plan, the schedule of changes in net pension liability and related ratios-Waterloo Water Works Pension Plan, the schedule of the proportionate share of the net pension liability - Iowa Public Employees' Retirement System and the schedule of contributions - Iowa Public Employees' Retirement System on pages 2 through 5 and 27 through 32 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board which considers it to be an essential part of the financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements.We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Prior Period Financial Statements The financial statements of the Waterloo Water Works for the year ended December 31, 2016,were audited by other auditors whose report dated September 8, 2017, expressed an unmodified opinion on those statements. Other Reporting Requirement by Government Auditing Standards In accordance with Govemment Auditing Standards, we have also issued our report dated September 27, 2018 on our consideration of the Waterloo Water Works' internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit i performed in accordance with Government Auditing Standards in considering the Waterloo Water Works' internal control over financial reporting and compliance. 4*4 -Axx I Xi HOGAN - HANSEN Waterloo, Iowa September 27, 2018 i 7 ' Page 107 of 303 Statements of Net Position As of December 31, 2017 and 2016 ' 2011 2016 Assets and Deferred Outflows of Resources Current Assets Cash and cash equivalents ...................................................... $ 12,594,129 $ 9,975,070 , Certificates of deposit............................................................... 397,751 399,648 Receivables Trade accounts (net of allowance for doubtful accounts 2017 - $221,226; 2016- $384,409) ................................... 1,646,192 1,512,310 Accrued interest.................................................................... 10,805 4,976 Inventories................................................................................ 438,077 402,543 ' Prepaid expenses..................................................................... 116,701 119.819 Total Current Assets ................................................... 15,203,655 12,414,366 Noncurrent Assets Restricted investments............................................................. 188,053 186,156 Repair assessments receivable................................................ 210,911 232,999 Subtotal......................................................................... 398,964 419,155 Capital Assets Land ..................................................................................... 314,543 314,543 ' Buildings and improvements................................................. 1,781,153 1,781,153 Water supply system............................................................. 6,773,325 6,654,168 Distribution system................................................................ 24,325,773 24,136,212 , Meters and equipment.......................................................... 1,173,594 1,173,594 Machinery and equipment..................................................... 3,713,868 3,586,324 Construction in progress....................................................... 2,349.745 1,029,833 Total Capital Assets . 40,432,001 38,675,827 , Less accumulated depreciation............................................. (12,483,324) (11,764,876) Net Capital Assets........................................................ 27,948,677 26,910,951 Total Assets.................................................................. 43,551,296 39,744,472 ' Deferred Outflows of Resources ' Pension-related_deferred outflows............................................ 563,744 911,448 Total Assets and Deferred Outflows of Resources.............. S 44.115.040 S 40.655.920 i 1 See accompanying notes to the financial statements. Page 108 of 303 1 2017 2016 Liabilities, Deferred Inflows of Resources and Net Position Current Liabilities Accounts payable..................................................................... $ 842,121 $ 173,243 Retainage payable ................................................................... 70,626 51,375 Accrued employee compensation............................................. 189,895 195,701 Due to City of Waterloo Garbage fees........................................................................ 307,007 359,347 Sewer fees............................................................................ 664,797 1,052,585 Storm water fees................................................................... 174,345 203,615 Due to other governments........................................................ 62,,093 53.292 Total Current Liabilities................................................... 2,310,884 2,089,168. Liabilities Payable From Restricted Assets.......................... 188,063 186,166 156 Noncurrent Liabilities Net pension liability................................................................... 3,363,381 3,761,480 Total Liabilities................................................................ 6,852,318 6,036.794 ' Deferred Inflows of Resources Pension-related deferred inflows.............................................. 53,980 52,024 Net Position Net investment in capital assets ............................................... 27,948,677 26,843,829. Unrestricted.............................................................................. 10.260.065 7.723.273 Total Net Position............................................................ 38,208,742 34,667,102 Total Liabilities, Deferred Inflows of Resources and Net Position.................................................................. $ 44.116,040 $ 40.655.920 8 tPage 109 of 303 Statements of Revenue, Expenses and Changes in Net Position Years Ended December 31, 2017 and 2016 ' 2017 2016 Operating Revenue Water sales.............................................................................. $ 9,148,773 $ 8,661,083 Metered water provided to the City of Waterloo........................ 307,564 297,276 Fire protection .......................................................................... 93,796 70,436 Billing and collection fees......................................................... 234,267 187,992 Other sales and service............................................................ 426,772 484.265 Total Operating Revenue.................................................... 10,211,172 9,701,052 Operating Expenses Salaries and benefits................................................................ 3,763,829 3,535,114 Contractual services................................................................. 772,633 850,692 Commodities............................................................................ 1,255,113 1,225,176 Depreciation. ........................................................................ 758.178 766.730 Total Operating Expenses.................................................. 6,549,753 6,377,712 Operating Income................................................................... 3.661.418 3.323,340 Nonoperating Revenue(Expenses) Interest income......................................................................... 96,914 72,594 Billboard and antenna rent........................................................ 175,532 171,242 Gain (loss) on disposal of assets.............................................. 11.500 (12,330) Total Nonoperating Revenue(Expenses).......................... 283,946 231,606 Change in Net Position Before Contributions and Transfers 3,945,366 3,554,846 Capital contributions................................................................. 3,839 13,656 Transfers to City of Waterloo.................................................... (307.564) (297,276) Change in Net Position.......................................................... 3,641,640 3,271,226 Net Position- Beginning of Year............................................... 34.567,102 31.295,876 Net Position -End of Year...................................................... $ 38.208.742 34.567.102 See accompanyingnotes to the financial statements. 9 tPage 110 of 303 Statements Of Cash Flows ' Years Ended December 31, 2017 and 2016 ' 2017 2016 Cash Flows From Operating Activities Cash received from customers.................................................... $ 9,230,833 $ 9,223,974 Cash collected on behalf of primary government......................... 13,186,573 14,311,562 ' Cash collected on behalf of other governments........................... 377,426 454,876 Cash paid to primary government(less 1% collection fee)........... (13,077,388) (13,213,033) Cash paid to other governments(less collection fee)................... (386,227) (417,852) Cash paid to or on behalf of employees::::::................................. (3,828,074) (3,534,664) Cash paid to suppliers...:. (1,370.136) (2.235.277) Net Cash Provided by Operating Activities.... ........... 4,133,007 4,689,686 Cash Flows From Noncapital financing Activities Billboard and antenna rent........... ............... ............................... 175.632 171,242 Cash Flows From Capital and Related Financing Activities Contributed capital....................................................................... 3,839 13,656 ' Acquisition of capital assets......................................................... (1,795,904) (1,538,941) Proceeds from sale of capital assets........................................... 11,500 2.200 Net Cash Used in Capital and Related Financing Activities ................................................... (1,780,565) (1,523,085) Cash Flows From Investing Activities Proceeds from the maturities of certificates of deposit................. — 350,000 ' Purchase of certificates of deposit............................................... — (355,804) Interest received on savings and certificates of deposits............. 91.085 74.133 Net Cash Provided by Investing Activities................. 91,086 68.329 Net Increase in Cash................................................................. 2,619,069 3,306,072 ' Cash and Cash Equivalents- Beginnin of Year.............. ....... 9.975.070 6.668.998 Cash and Cash Equivalents - End of Year............................... $ 12.594.129 S 9.975.070 Reconciliation of Operating Income to Net Cash Provided by Operating Activities Operating income........................................................................ $ 3,661,419 $ 3,323,340 Adjustments to Reconcile Operating Income to Net Cash Provided by Operating Activities Depreciation.............:.... 758,178 766,730 Water provided to the City of Waterloo, not billed................. (307,564) (297,276) Change in Assets and Liabilities (Increase)decrease in trade accounts, accrued interest and repair assessments receivable................................ (111,794) 317,458 (Increase)decrease in prepaid expenses.......................... 3,118 (15,047) (Increase)decrease in inventory....................................... (35,534) 2,811 (Increase)decrease in pension-related deferred outflows 347,704 (242,232) Increase(decrease)in accounts payable and retainage payable........................................................... 688,129 (147,173) Increase(decrease) in accrued employee compensation (5,806) 35,738 Increase (decrease) in due to other governments and liabilities payable from restricted assets .................. (458,700) 638,293 ' Increase(decrease) in net pension liability........................ (408,099) 232,448 Increase(decrease) in pension-related deferred inflows... 1.956 (25.504) Net Cash Provided by Operating Activities............................. $ 4.133.007 9 4.589.586 ' Supplemental Disclosures of Noncash Capital and Related Financing Activities Capital Assets Included in Accounts Payable......................... S — S 67.122 See accompanying notes to the financial statements. 10 g o ' Page 111 of 303 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Reporting Entity The Waterloo Water Works(Utility) is a municipal utility that is a political subdivision and component unit of the City of Waterloo, Iowa.The Utility provides water to customers in the cities of Waterloo, Elk Run Heights, Hudson, Raymond and adjacent areas of Black Hawk County. The Utility's rates are set by its governing ' board. The Waterloo Water Works Board of Trustees has oversight responsibility for all water pumping and distribution to Waterloo and surrounding areas. All activities with which the Board has oversight responsibility are included in the financial statements. Measurement Focus and Basis of Accounting The Utility is accounted for on the flow of economic resources measurement focus and uses the accrual basis of accounting. Under this method, revenue is recorded when earned and expenses are recorded when incurred. All Financial Accounting Standards Board (FASB) pronouncements are applied in accounting and reporting for its proprietary operations unless they are contradicted with pronouncements issued by the Governmental Accounting Standards Board (GASB). Use of Estimates Management uses estimates and assumptions in preparing financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities and the reported revenue and expenses. Cash, Cash Equivalents and Certificates of Deposit ' The Utility's deposits at year end were entirely insured or collateralized with securities held by the Utility or by their agents in the Utility's name or by nontransferable letters of credit. The Utility also has deposits in Iowa Public Agency Investment Trust money market accounts. Trade Accounts Receivable Water sales are billed monthly or quarterly, depending upon the quantity of water used or if requested by the customer. Accordingly, water sales are billed monthly to the larger commercial accounts and certain multi-family residential customers, while most residential customers are billed quarterly. Water sales are estimated for the period from the previous billing to year end and are included in revenue and trade accounts receivable. Unbilled revenue included in trade accounts receivable as of December 31, 2017 and 2016 was $755,990 and $679,754, respectively. The allowance for doubtful accounts included in trade accounts receivable as of December 31, 2017 and 2016 was$221,226 and $384,409, respectively. Inventories Inventories consist of pipes, valves, fire hydrants and meters and are stated at average cost. Budgeting The Utility is required to prepare a budget each year and submit it, subject to review by the City of Waterloo, to the State of Iowa.The Utility prepares its budget using the cash basis of accounting modified by reducing cash balances and receipts and disbursements by amounts held on behalf of.the City of Waterloo and ' customer deposits. The Utility's 2017 and 2016 budget and comparison to cash basis activity is as follows: 11 Page 112 of 303 Notes to the Financial Statements (1)Summary of Significant Accounting Policies and Other Matters 2017 2016 ' Business-Type Activity -Water Actual disbursements.................................................................. $ 7,491,594 $ 8,004,454 Budgeted disbursements............................................................. 14,465,800 11,686,090 ' Actual Disbursements Under Budget...................................... S (6.974.206) $ (3.681.636) Capital Assets The capital assets consist of assets in service and assets not in service consisting of land, construction in progress and other items which will generally be converted to capital assets. Capital assets are recorded at cost with depreciation computed under the straight-line method over useful lives as follows: Type Estimated Useful Lives Buildings and improvements......................................................................... 10- 99 Years Watersupply system.................................................................................... 10-99 Years Distribution system....................................................................................... 10- 99 Years Meters and equipment.................................................................................. 15-63 Years Machinery and equipment............................................................................ 5- 50 Years Depreciation expense for the years ended December 31, 2017 and 2016 was $758,178 and $766,730, respectively. Major outlays for capital assets and improvements are capitalized as "in process" while projects are constructed and transferred to capital assets upon completion. Interest incurred on construction debt during the construction phase of capital assets is reflected in the capitalized value of the asset constructed, net of interest earned on the invested proceeds over the same period. Deferred Outflows of Resources Deferred outflows of resources represent a consumption of net position that applies to a future period(s) and will not be recognized as an outflow of resources (expense) until then. Deferred outflows of resources consist of unrecognized items not yet charged to pension expense and contributions from the employer after the measurement date but before the end of the employer's reporting period. Pensions For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, pension expense, information about the fiduciary net position of the Iowa Public Employees' Retirement System (IPERS) and Waterloo Water Works Pension Plan and additions to/deductions from fiduciary net position have been determined on the same basis as they are reported by the pension plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. 12 Page 113 of 303 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters ' Deferred Inflows of Resources Deferred inflows of resources represent an acquisition of net position that applies to a future period(s) and will not be recognized as an inflow of resources (revenue) until that time. Deferred inflows of resources consist of unrecognized items not yet included in pension expense. Operating Revenue The Utility defines operating revenue as revenue derived from the sale of water and from the collection of ' garbage, sewer and storm water fees for the City of Waterloo and other governments. Nonoperating revenue is defined as anything other than revenue from the sale of water and from the collection of fees for the City of Waterloo and other governments. Classification Changes Certain items in the 2016 financial statements have been reclassified to conform with the current year presentation. These reclassifications had no net effects on the financial statements. Subsequent Events Management has evaluated subsequent events through September 27, 2018, the date which the financial statements were available to be issued. (2) Cash Flow Statement Supplementary Information For purposes of the statements of cash flows, the Utility considers all highly liquid debt instruments purchased with original maturities of less than three months to be cash equivalents. 2017 2016 Schedule of Noncash Investing and Financing Activities Cost of property and equipment...................................................... $ 1,795,904 $ 1,606,063 Amounts payable-current year...................................................... — (67.122) ' Cash Paid for Property and Equipment...................................... S 1. 9 .904 S 1.538.941 (3) Deposits and Investments The Utility's deposits in banks and credit unions as of December 31, 2017 and 2016 are entirely covered by federal depository insurance, by the State Sinking Fund or are collateralized.either with securities held by the Utility or by nontransferable letters of credit;in accordance with Chapter 12C of the Code of Iowa. This chapter provides for additional assessments against the depositories to insure there will be no loss of public funds. 13 Page 114 of 303 Notes to the Financial Statements (3) Deposits and Investments The Utility is authorized by statute to invest public funds in obligations of the United States Government, its ' agencies and instrumentalities; certificates of deposit or other evidences of deposit at federally insured depository institutions approved by the Board of Trustees and the Treasurer of the State of Iowa; prime eligible bankers acceptances; certain high-rated commercial paper; perfected repurchase agreements; certain registered open-end management investment companies; certain joint investment trusts; and warrants or improvement certificates of a drainage district. The Utility's certificates of deposit are stated at cost which approximates fair value. Certificates of deposit ' are purchased with maturities of 25 to 35 months and yields of 1.45% to 1.87%. Certain certificates of deposit are restricted to secure customer deposits. Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The Utility does not have a formal investment policy for credit risk. The Iowa Public Agency Investment Trust(IPAIT) is rated AAAm by Standard & Poor's (S&P). For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the Utility will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. As of December 31, 2017, all investments and collateral were listed in the name of the Utility. The Utility does not have a formal investment policy for custodial credit risk. The Utility uses fair value measurement to record fair value adjustments to certain assets and liabilities and to determine fair value disclosures. The Utility follows an accounting standard that defines fair value, ' establishes a framework for measuring fair value, establishes a fair value hierarchy based on the quality of inputs used to measure fair value and requires expanded disclosures about fair value measurements. In accordance with this standard,the Utility has categorized its investments, based on the priority of the inputs ' to the valuation technique, into a three-level fair value hierarchy. The fair value hierarchy gives the highest priority to quoted prices in active markets for identical assets or liabilities (Level 1) and the lowest priority to unobservable inputs(Level 3). If the inputs used to measure the financial instruments fall within different levels of the hierarchy, the categorization is based on the lowest level input that is significant to the fair value measurement on the instrument. Financial assets and liabilities recorded on the combined statements of financial position are categorized based on the inputs to the valuation techniques as follows: 1 Level 1 Fair Value Measurements Financial assets and liabilities are valued using inputs that are unadjusted quoted prices in active markets accessible at the measurement date of identical financial assets and liabilities. Level 2 Fair Value Measurements Financial assets and liabilities are valued based on quoted prices for similar assets, or inputs that are observable, either directly or indirectly for substantially the full term through corroboration with observable market data. Level 3 Fair Value Measurements Financial assets and liabilities are valued using pricing inputs which are unobservable for the asset, inputs that reflect the reporting entity's own assumptions about the assumptions market participants and would use in pricing the asset. 14 Page 115 of 303 Notes to the Financial Statements (3) Deposits and Investments Investments at ' Estimated Fair Value Valuation Techniques Investments at Valuation Incorporating Fair Value as Techniques Information Determined by Based on Other Than Quoted Prices in Observable Observable Active Markets Market Data Market Data (Level 1) (Level 2) (Level 3) Total As of December 31, 2017 Securities .......................... ; $ — I PAIT- investment valued ' at net asset value (NAV) 1.536,629 Total Investments............. 1.536.629 As of December 31, 2016 ' Securities ........................... � $ — IPAIT- investment valued at net asset value (NAV) 1,528,437 Total Investments............. 1.528.437 Management reports the IPAIT investment as a cash equivalent in the accompanying statements of net position. IPAIT is an external investment pool that is managed to maintain a dollar-weighted average portfolio maturity of no greater than 397 days and seeks to maintain a constant net asset value (NAV) per share of $1.The Pool elects to measure its investments at amortized cost in accordance with accounting statements issued by the Governmental Accounting Standards Board. The Utility reports its investments in the IPAIT at the NAV per share,the fair value established by the IPAIT, r and is included in one share class as follows: Net Asset Unfunded 1 Value Commitments As of December 31, 2017 ' IPAIT Diversified Portfolio...................................... ....... S 1.536.629 As of December 31, 2016 IPAIT Diversified Portfolio.................................................................. S 1.528.437 The Diversified Portfolio has no e9 redemption requirements. P 15 iPage 116 of 303 Notes to the Financial Statements ' (4) Restricted Assets Restricted assets represent monies set aside to provide security for deposits and advances. The composition of these funds as of December 31, 2017 and 2016 was as follows: Restricted Corresponding Asset Liability 2017 Customerdeposits........................................................................... 2016 Customer deposits........................................................................... ' (5) Capital Assets Capital asset activity for the years ended December 31, 2017 and 2016 was as follows: Balance Balance Balance 12-31-15 Increase Decrease 12-31-16 Increase Decrease 12-31-17 Capital Assets Not Being Depreciated Land............................ $ 314,543 $ — $ — $ 314,543 $ — $ — $ 314,543 Construction in progress 395.658 1.139.343 505.168 1.029.833 1.437.400 117,488 2,349,745 . Total Capital Assets Not Being Depreciated............ 710.201 1.139.343 505.168 1.344.376 1.437.400 117,488 2.664.288 Capital Assets Being Depreciated Buildings and improvements............ 1,772,617 8,536 — 1,781,153 — — 1,781,153 Water supply system... 6,600,068 54,100 _ 6,654,168 119,157 _ 6,773,325 Distribution system...... 23,578,452 557,760 24,136,212 189,561 24,325,773 Meters and equipment 1,173,594 — — 1,173,594 — — 1,173,594 Machinery and equipment.................. 3.313,454 351.492 78.622 3,586.324 167.280 39.736 3.713.868 Total Capital Assets Being Depreciated 36.438.185 971.888 78.622 37.331.451 475.998 39.736 37.767.713 Less Accumulated Depreciation for — Buildings and improvements............ 813,118 29,317 — 842,435 28,955 871,390 Water supply system... 3,292,053 196,144 — 3,488,197 161,715 — 3,649,912 Distribution system...... 4,759,806 276,071 _ 5,035,877 301,499 _ 5,337,376 Meters and equipment 718,817 25,293 744,110 25,125 769,235 Machinery and equipment.................. 1.478.444 239.905 64.092 1.654.257 240.890 39.736 1.855.411 Total Accumulated Depreciation........... 11.062.238 766.730 64.092 11.764.876 758.184 39.736 12.483.324 Net Capital Assets Being Depreciated 25375.947 205.158 14.530 25.566.575 (282.186) — 25.284.389 Net Capital Assets....... SS 26 S 1a s st�9 698 ,26.9 S 1�155�214 S 117 488 S 27.948 B77 16 ' Page 117 of 303 Notes to the Financial Statements i (6) Compensated Absences The Utility's employees accumulate vacation days during the year based on the anniversary date of their remployment. As of December 31, 2017 and 2016, $65,224 and $69,914, respectively, was accrued for unused vacation days. The Utility has a sick time policy for all employees. Under this plan, employees earn sick time hours during the year up to a maximum which is specified in the plan.At year end, 25%of the current year unused hours, up to a maximum of 14 hours, is paid out in cash and the remaining hours are carried over to the next year; however, those banked hours do not vest. (7) Related Party Transactions 1 The Utility provides customer file maintenance, meter reading, billing and collecting services for the City of Waterloo's (City) Sanitation (Garbage) and Sanitary Sewer Enterprise Funds and keeps 1% of cash collected as a service fee. During 2017 and 2016,the Utility recorded$130,852 and$140,087, respectively, as City service fees and forwarded approximately $13,100,000 and $13,900,000 during 2017 and 2016, respectively, to the City. As of December 31, 2017 and 2016, the Utility's payables to the City were $1,146,149 and $1,615,547, for garbage, sewer and storm water collections, respectively. The Utility pays office expenses (data processing charges, postage and other expenses of the billing cycle) and passes approximately one-half of those costs on to the City. During 2017 and 2016, the Utility received approximately$27,000 and $92,000, respectively, from the City which reduced office expenses. The Utility also provides metered and unmetered water to the City at no charge. Metered water furnished to the City is valued at equivalent sales rates and is included in the financial statements as water sales and transfers to the City. During the years ended December 31, 2017 and 2016, the Utility provided metered water to the City valued at approximately$308,000 and $297,000, respectively. (8)Pension Plans The Utility contributes to the Waterloo Water Works Pension Plan (Plan) and the Iowa Public Employees' 1 Retirement System (IPERS). Waterloo Water Works Pension Plan Plan Description The Waterloo Water Works Pension Plan is a single-employer defined benefit plan administered by the Pension Committee of the Waterloo Water Works (Committee). The Plan provides retirement benefits to plan members and beneficiaries. No new Plan members were allowed after December 31, 2007. The Plan does not issue a stand-alone financial report. The actuarial report on the Plan is held at the Utility's office. The following brief description is provided for general informational purposes only. Refer to the Plan documents for more information 1 17 , Page 118 of 303 Notes to the Financial Statements t (8) Pension Plans Pension Benefits Retirement benefits are calculated using the highest three consecutive years of pensionable earnings during the last ten years of employment. The accrued benefit is determined to be 60% of average compensation, reduced if years of service is less than 30 years. Normal retirement age is 65. Married members may receive a benefit for life; however, members are required by law to receive a reduced qualified joint and survivor benefit, unless formally elected otherwise. In no event shall pensionable earnings exceed the limitation specified in Section 401(a)(17) of the Internal Revenue Code. Cost-of-living adjustments are provided to members and beneficiaries at the discretion of the Committee. As of December 31, the following members were covered by the Plan: 2017 2016 Inactive Plan members and beneficiaries currently receiving benefits ................... 34 34 Inactive Plan members entitled to but not yet receiving benefits............................ 1 2 Active Plan members............................................................................................. _ 116 17 TotalMembers.............:....................................................................................... Contributions The contribution requirements of the Plan members and the Utility are established and may be amended by the Utility. Mandatory contributions to the Plan by Plan members are equal to the (PERS rate effective January 1 of the previous year, 5.95%for 2017 and 2016. Prior to 2010, Plan member contributions were not required and the Utility made all the required contributions. Beginning January 1, 2010, Plan members were required to contribute one-third of the full contribution rate of 4.1% and the Utility paid the rest of the required contribution. Beginning January 1, 2011, Plan members were required to contribute two-thirds of the full contribution rate of 4.3%and beginning January 1, 2012, Plan members were required to contribute all of the mandatory contributions. The Utility's Board of Trustees has approved Utility contributions to the Plan in excess of the amount determined annually by the actuary in an effort to eliminate over time the net pension liability as computed by the actuary. Pension Expense, Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the years ended December 31, 2017 and 2016, the Utility recognized pension expense of $372,961 and $396,172, respectively. As of December 31, 2017 and 2016, the Utility reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Deferred Outflows of Inflows of Resources Resources As of December 31, 2017 Differences between expected and actual experience....................... $ 54,701 $ 30,241 Changes of assumptions................................................................... 154,618 — Net difference between projected and actual earnings on Plan investments....................................................................... — 3.946 18 ' Page 119 of 303 ■ Notes to the Financial Statements I � i (8) Pension Plans Deferred Deferred Outflows of Inflows of Resources Resources As of December 31, 2016 Differences between expected and actual experience....................... $ 109,402 $ 9,345 Changes of assumptions................................................................... 12,961 — Net difference between projected and actual earnings on Plan investments....................................................................... 448.401 — 570.764 S 9.345 Amounts reported as deferred outflows of resources and deferred inflows of resources will be recognized in pension expense as follows. ' 2017 2016 Year Ending December 31, 2017.................................................................................................. $ — $ 194,929 ...... 2018. 182,235 200,075. 2019.................................................................................................. 123,155 140,995 2020.................................................................................................. (52,418) 25,420 . 2021 .................................................................................................. (77,840) — Total Actuarial Assumptions The Utility's net pension liability was measured as of December 31, 2017 and 2016, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of those dates. The total pension liability as of December 31, 2017 and 2016 was determined using the following actuarial assumptions, applied to all periods included in the measurement: Rate of inflation 2.50% per annum. Rate of salary increase 3.00% per annum, including inflation. Long-term investment rate of return 8.00%, compounded annually, net of investment expense, including inflation. The actuarial assumptions used in the December 31, 2017 and 2016 valuations were based on the results of an actuarial experience study for the periods of January 1, 2017 through December 31, 2017 and January 1, 2016 through December 31, 2016, respectively. In addition, mortality rates were based on 2018 and 2017 IRS Combined Mortality Tables, as appropriate, respectively. The long-term expected rate of return on Plan investments was determined using a building-block method in which expected future real rates of return(expected returns, net of pension plan investment expense and inflation)are developed for each major asset class.These expected future real rates of return are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the Plan's target asset allocation as of December 31, 2017 and 2016 are summarized in the following tables: 19 lPage 120 of 303 Notes to the Financial Statements (8) Pension Plans Long-Term Asset Expected Real Asset Class Allocation Rate of Return 2017 Cash and Fixed Income 22.0% 2.50% Equity Large Cap 59.0 5.50 Equity Mid Cap 11.0 6.00 Equity Small Cap 8.0 6.00 Real Estate 0.0 5.00 Cash 0.0 0.00 Total JW/G 2016 Cash and Fixed Income 11.0% 2.50% Equity Large Cap 63.0 5.50 Equity Mid Cap 12.0 6.00 Equity Small Cap 12.0 6.00 Real Estate 2.0 5.00 Cash 0.0 0.00 Total W/O Discount Rate The discount rate used to measure the total pension liability was 8.00%for the years ended December 31, 2017 and 2016. The projection of cash flows used to determine the discount rate assumed that Plan member contributions will be made at the current contribution rate and that contributions will be made at rates equal to the difference between actuarially determined.contribution rates and the member rate. Professional judgment on future contributions has been applied in those cases where contribution patterns deviate from the actuarially determined rates. Based on those assumptions,the Plan's fiduciary net position was projected to be available to make all projected future benefit payments of current Plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the Net Pension Liability to Changes in the Discount Rate The following presents the net pension liability calculated using the discount rate of 8.00%, as well as what the net pension liability would be if it were calculated using a discount rate that is one percentage point lower(7.00%)or one percentage point higher(9.00%)than the current rate. 1% Decrease Discount Rate 1% Increase (7.00%) (8.00%) (9.00%) December 31, 2017.............................. $ 3,001,774 $ 2,317,605 $ 1,684,115 December 31, 2016.............................. 3,496,932 2,838,218 2,228,297 20 tPage 121 of 303 Notes to the Financial Statements (8) Pension Plans Changes in Net Pension Liability Changes in the Utility's net pension liability for the years ended December 31, 2017 and 2016 were as follows: Total Plan Net Pension Fiduciary Pension Liability Net Position Liability Year Ended December 31, 2017 Balance- Beginning of Year.............................. $ 8,233,928 $ 5,395,710 $ 2,838,218 Changes for the Year �r Service cost.................................................. 45,849 — 45,849 Interest.......................................................... 640,457 — 640,457 Difference between expected and actual experience....................................... (45,362) _ (45,362) Changes of assumptions............................... 225,356 225,356 Contributions- Utility .................................... — 507,287 (507,287) Contributions-member ................................ _ 58,087 (58,087) Net investment income............................ 821,539 (821,539). Benefit payments, including refunds of employee contributions.............................. (548.118) (548.118) — Balance -End of Year...................................... $ 8.552.110 6 6.234.505 1 2,317,605 Year Ended December 31, 2016 Balance- Beginning of Year.............................. $ 7,927,445 $ 5,105,369 $ 2,822,076 Changes for the Year Service cost.................................................. 53,886 — 53,886 Interest.......................................................... 616,847 — 616,847 Difference between expected and actual experience. 164,103 — 164,103 Changes of assumptions............................... 13,141 — 13,141 Contributions- Utility .................................... — 489,448 (489,448) Contributions- member................................. — 60,713 (60,713) Net investment income.................................. — 281,674 (281,674) Benefit payments, including refunds of employee contributions.............................. (541.494) (541.494) — Balance -End of Year...................................... 6 8.233.928 S 5.395.710 $$ 2�8638�21�8 Payables to the Plan All required Utility contributions and required employee contributions which had been withheld from employee wages were remitted to the Plan by December 31, 2017. 21 Page 122 of 303 Notes to the Financial Statements (8) Pension Plans Iowa Public Employees' Retirement System (IPERS) Plan Description IPERS membership is mandatory for employees of the Utility, except for those covered by another retirement system. Employees of the Utility are provided with pensions through a cost-sharing multiple- employer defined benefit pension plan administered by IPERS. IPERS issues a stand-alone financial report which is available to the public by mail at 7401 Register Drive, P.O. Box 9117, Des Moines, IA 50306-9117 or at www.ipers.org. IPERS benefits are established under Iowa Code Chapter 97B and the administrative rules thereunder. Chapter 97B and the administrative rules are the official plan documents. The following brief description is provided for general informational purposes only. Refer to the plan documents for more information. Pension Benefits A regular member may retire at normal retirement age and receive monthly benefits without an early- retirement reduction. Normal retirement age Is age 65, anytime after reaching age 62 with 20 or more years of covered employment, or when the member's years of service plus the member's age at the last birthday ' equals or exceeds 88,whichever comes first.(These qualifications must be met on the member's first month of entitlement to benefits.) Members cannot begin receiving retirement benefits before age 55. The formula used to calculate a regular member's monthly IPERS benefit includes: • A multiplier(based on years of service). • The member's highest five-year average salary. (For members with service before June 30, 2012, the highest three-year average salary as of that date will be used if it is greater than the highest five- year average salary.) If a member retires before normal retirement age, the member's monthly retirement benefit will be permanently reduced by an early-retirement reduction. The early-retirement reduction is calculated differently for service earned before and after July 1, 2012. For service earned before July 1, 2012, the reduction is 0.25%for each month that the member receives benefits before the member's earliest normal retirement age. For service earned starting July 1, 2012, the reduction is 0.50% for each month that the member receives benefits before age 65. Generally, once a member selects a benefit option, a monthly benefit is calculated and remains the same for the rest of the member's lifetime. However, to combat the effects of inflation, retirees who began receiving benefits prior to July, 1990 receive a guaranteed dividend with their regular November. benefit payments. Disability and Death Benefits A vested member who is awarded federal Social Security disability or Railroad Retirement disability benefits �+ is eligible to claim IPERS benefits regardless of age. Disability benefits are not reduced for early retirement. If a member dies before retirement, the member's beneficiary will receive a lifetime annuity or a lump-sum payment equal to the present actuarial value of the member's accrued benefit or calculated with a set formula, whichever is greater. When a member dies after retirement, death benefits depend on the benefit option the member selected at retirement. 22 Page 123 of 303 Notes to the Financial Statements (8) Pension Plans Contributions ' Contribution rates are established by IPERS following the annual actuarial valuation, which applies IPERS' Contribution Rate Funding Policy and Actuarial Amortization Method. Statute limits the amount rates can increase or decrease each year to one percentage point. IPERS'Contribution Rate Funding Policy requires that the actuarial contribution rate be determined using the "entry age normal" actuarial cost method and the actuarial assumptions and methods approved by the IPERS Investment Board. The actuarial contribution rate covers normal cost plus the unfunded actuarial liability payment based on a 30-year amortization period. The payment to amortize the unfunded actuarial liability is determined as a level percentage of payroll, based on the Actuarial Amortization Method adopted by the Investment Board. In fiscal year 2017 and 2016, pursuant to the required rate, regular members contributed 5.95% of covered ' payroll and the Utility contributed 8.93%for a total rate of 14.88%. The Utility's contributions to IPERS for the years ended December 31, 2017 and 2016 were $111,801 and $96,378, respectively. As of December 31,2017 and 2016,the Utility's liability for its proportionate share of the net pension liability ' totaled$1,035,776 and$923,262, respectively.The net pension liability was measured as of June 30, 2017 and 2016, respectively, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of those dates. The Utility's proportion of the net pension liability was based on the Utility's share of contributions to IPERS relative to the contributions of all IPERS participating employers. As of June 30, 2017, the Utility's collective proportion was 0.015549%, which was an increase of 0.000878%from its proportion measured as of June 30, 2016 of 0.014671%. For the years ended December 31, 2017 and 2016, the Utility recognized pension expense of$75,887 and $145,873, respectively. As of December 31, 2017 and 2016, the Utility reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: ' Deferred Deferred Outflows of Inflows of Resources Resources As of December 31, 2017 Differences between expected and actual experience....................... $ 9,509 $ 8,974 Changes of assumptions................................................................... 179,970 10,819 Changes in proportion and differences between.Utility contributions and proportionate share of contributions................... 108,822 Utility contributions subsequent to the measurement date................. 56.124 — Total .......... ................................................................................... a� As of December 31, 2016 Differences between expected and actual experience....................... $ 8,159 $ 11,019 Changes of assumptions................................................................... 14,086 31,660 Net difference between projected and actual earnings on IPERS investments............................................................:........... 163,196 — Changes in proportion and differences between Utility contributions and proportionate share of contributions................... 107,243 — Utility contributions subsequent to the measurement date................. 48.000 — Total ................................................................................................. S 3� J 23 ' Page 124 of 303 Notes to the Financial Statements (8) Pension Plans Deferred outflows of resources related to pensions of$56,124 and$48,000 represent the amount the Utility contributed subsequent to the measurement date and will be recognized as a reduction of the net pension liability in the years ending December 31, 2018 and 2017. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows: 2017 2016 Year Ending December 31, 2017.................................................................................................. $ — $ 54,161 2018.................................................................................................. 70,299 54,161 i 2019.................................................................................................. 112,221 92,999 2020.................................................................................................. 65,058 47,682 2021 .................................................................................................. 16,031 1,002 2022.................................................................................................. 14.899 — Total 218.508 250.005 ' There were no nonemployer contributing entities at (PERS. Actuarial Assumptions. The total pension liability in the June 30, 2017 actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement: Rate of inflation (effective June 30,2017) 2.60% per annum. Rate of salary increase (effective June 30, 2017) 3.25%to 16.25%, average, including inflation. . Rates may vary by membership group. Long-term investment rate of return ' (effective June 30, 2017) 7.00%, compounded annually, net of investment expense, including inflation. Wage growth (effective June 30, 2017) 3.25% per annum, based on 2.60% inflation and 0.65% real wage inflation. The actuarial assumptions used in the June 30, 2017 valuation were based on the results of an actuarial experience study dated March 24, 2017. ' Mortality rates were based on the RP-2000 Mortality Table for Males or Females, as appropriate, with adjustments for mortality improvements based on Scale AA. i i � 1 1 24 iPage 125 of 303 Notes to the Financial Statements (8) Pension Plans The long-term expected rate of return on IPERS' investments was determined using a building-block ' method in which best-estimate ranges of expected future real rates (expected returns, net of investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Long-Term Asset Expected Real Asset Class Allocation Rate of Return Domestic Equity 24.0% 6.25% International Equity 16.0 6.71 Core-Plus Fixed Income 27.0 2.25 ' Public Credit 3.5 3.46 Public Real Assets 7.0 3.27 Cash 1.0 (0.31) ' Private.Equity 11.0 11.15 Private Real Assets 7.5 4.18 Private Credit 3.0 4.25 Total 1.010% Discount Rate The discount rate used to measure the total pension liability was 7.00%. The projection of cash flows used to determine the discount rate assumed that employee contributions will be made at the contractually required rate and that contributions from the Utility will be made at contractually required rates, actuarially determined. Based on those assumptions, the [PERS' fiduciary net position was projected to be available to make all projected future benefit payments to current active and inactive employees.Therefore,the long- term expected rate of return on IPERS investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the Utility's Proportionate Share of the Net Pension Liability to Changes in the Discount Rate The following presents the Utility's proportionate share of the net pension liability calculated using the ' discount rate of 7.00%, as well as what the Utility's proportionate share of the net pension liability would be if it were calculated using a discount rate that is one percentage point lower (6.00%) or one percentage point higher(8.00%)than the current rate. 1% Decrease Discount Rate 1% Increase (6.00%) (7.00%) (8.00%) December 31, 2017 $1,706,543 $1,035,776 $472,202 1% Decrease Discount Rate 1% Increase (6.500/6) (7.60%) (8.60%) December 31, 2016 $1,493,708 $923,262 $441,792 25 Page 126 of 303 Notes to the Financial Statements (8) Pension Plans ' IPERS' Fiduciary Net Position Detailed information about the IPERS' fiduciary net position is available in the separately issued IPERS financial report which is available on IPERS' website at www.ipers.org. Payables to IPERS As of December 31, 2017 and 2016, the Utility reported payables to IPERS of $8,920 and $7,633, respectively, for legally required Utility contributions and $5,943 and $5,086, respectively, for legally required Utility contributions which had been withheld from employee wages but not yet remitted to IPERS. (9) Risk Management The Utility is exposed to various risks of loss related to torts; theft, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters.These risks are covered by the purchase ' of commercial insurance.The Utility assumes liability for any deductibles and claims of coverage limitations. Settled claims from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years. (10) Commitments ' The Utility began working on the water main extension projects and other various projects. As of December 31, 2017, the Utility, expects the remaining costs of the existing contracts of approximately $185,000 to be spent in 2018. 26 Page 127 of 303 i i Required Supplementary Information Page 128 of 303 It n n cn N O iN N (n+7 1n+f. H p- r, LO0 R N p M O N N M M H ,o M a p�p MN o) M ' N M tT 0 H N M OD fO Ni lV pN M O N Na O H Hm r o � � Q r N � • . 430 H O O m H H 00 ' H H N n r 4000 � H H rcoa � ri o In ' c H H 'a Lp 40 o c r �~ c3 40 �l -ii $ 1 Schedule of Changes In Net Pension Liability and Related Ratios 1 Waterloo Water Works Pension Plan 2017 2016 2015 Total Pension Liability Service cost.......................................................... $ 45,849 $ 53,886 $ 53,008 Interest................................................................. 640,457 616,847 607,558 Difference between expected and actual experience........................................................ (45,362) 164,103 (28,037) Changes of assumptions...................................... 225,356 13,141 12,600 Benefit payments, including refunds of employee contributions..................................... (548,118) (541,494) (518,306) Change in Total Pension Liability................... 318,182 306,483 126,823 Total Pension Liability- Beginning of Year........... 8.233.928 7,927.445 7,800,622 Total Pension Liability - End of Year.......... 8,552,110 8,233,928 7,927,445 Plan Fiduciary Net Position Contributions- Utility............................................ 507,287 489,448 481,000 Contributions- member....................................... 58,087 60,713 59,043 Net investment income......................................... 821,539 281,674 (157,690) Benefit payments, including refunds of employee contributions................................. (548.118) (541.494) (518.306) Change in Plan Fiduciary Net Position........... 838,795 290,341 (135,953) Plan Fiduciary Net Position - Beginning of Year... 5.395.710 5.105.369 5,241.322 Plan Fiduciary Net Position -End of Year, 6,234.505 5,395,710 5,105,369 Net Pension Liability-End of Year.................... S 2.31.7.605 S 2.838.218 S 2 Plan Fiduciary Net Position as a Percentage of Total Pension Liability................................ 72.90% Utility's Covered Employee Payroll................... S 943.430 S 1.047.371 S 1.004.723 Net Pension Liability as a Percentage of Covered Employee Payroll............................. 24LW/o s_ 270.98% 280.88% 1 Additional years r will be added 'forward as information becomes available. d g oin g 28 . ' Page 130 of 303 Notes to Required Supplementary Information - Pension Liability Waterloo Water Works Pension Plan Year Ended December 31, 2017 Valuation Date Actuarially determined contributions rates are calculated as of December 31 of the current fiscal year. Methods and Assumptions Used to Determine Contribution Rates Actuarial cost method........................................................................... Entry age cost method I Amortization method............................................................................. Level dollar Amortization period............................................................................... 20 years Asset valuation method........................................................................ Market value of assets Inflation................................................................................................. 2.50% Annual pay increases........................................................................... 3.00% Investment rate of return .....................................................................I. 8.00% Retirement rate..................................................................................... 100% at age 62 Mortality rates....................................................................................... 2018 IRS combined mortality 29 Page 131 of 303 Schedule of Proportionate Share of the Net Pension Liability Iowa Public Employees' Retirement System Last Four Fiscal Years* 2017 2016 2015 2014 Utility's proportion of the net pension liability.................................................. 0.015549% 0.014671% 0.014220% 0.012797% Utility's proportionate share of the net pension liability........................:............ $1,035,776 $923,262 $706,956 $524,011 Utility's covered-employee payroll ............ $1,079,261 $1,018,040 $885,398 $802,943 Utility's proportionate share of the net pension liability as a percentage of its covered-employee payroll.................... 95.97% 90.69% 79.85% 65.26% IPERS'fiduciary net position as a percentage of the total pension liability 82.21% 81.82% 85.19% 87.61% *The amounts presented for each fiscal year were determined as of June 30 of the preceding year. 1 i i 1 1 1 1 1 30 Page 132 of 303 i o N N t� H H r (O Ip 1Lf f0 M M � N H I b anD_ t0 � Ih r _ . N H to m co N co co O iH N M r pM f0 f0 co c N O O ^^ M LL H #AH O M dD W N M N H N r I sO� M Ol O O N W O N N 1 M C9 M W m co O N _ N H W A 4 r N W N M H4A Vol O Y co aa N C y c4 U Notes to Required Supplementary Information - Pension Liability Iowa Public Employees' Retirement System Year Ended December 31, 2017 Changes of Benefit Terms Legislation enacted in 2010 modified benefit terms for regular members. The definition of final average salary changed from the highest three to the highest five years of covered wages. The vesting requirement changed from four years of service to seven years. The early retirement reduction increased from 3% per year measured from the member's first unreduced retirement age to a 6% reduction for each year of retirement before age 65. Legislative action in 2008 transferred four groups - emergency medical service providers, county jailers, county attorney investigators and National Guard installation security officers - from regular membership to the protection occupation group for future service only. Changes of Assumptions The 2017 valuation implemented the following refinements as a result of an experience study dated March 24, 2017: I • Decreased the inflation assumption from 3.00%to 2.60%. • Decreased the assumed rate of interest on member accounts from 3.75%to 3.50% per year. • Decreased the discount rate from 7.50%to 7.00°/x. • Decreased the wage growth assumption from 4.00%to 3.25%. • Decreased the payroll growth assumption from 4.00%to 3.25%. The 2014 valuation implemented the following refinements as a result of a quadrennial experience study: • Decreased the inflation assumption from 3.25%to 3.00%. • Decreased the assumed rate of interest on member accounts from 4.00%to 3.75% per year. • Adjusted male mortality rates for retirees in the regular membership group. • Moved from an open 30-year amortization period to a closed 30-year amortization period for the unfunded actuarial liability (UAL) beginning June 30, 2014. Each year thereafter, changes in the UAL from plan experience will be amortized on a separate closed 20-year period. The 2010 valuation implemented the following refinements as a result of a quadrennial experience study: • Adjusted retiree mortality assumptions. • Modified retirement rates to reflect fewer retirements. • Lowered disability rates at most ages. • Lowered employment termination rates. • Generally increased the probability of terminating members receiving a deferred retirement benefit. • Modified salary increase assumptions based on various service duration. 32 tPage 134 of.303 HOGAN + HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Board of Trustees Waterloo Water Works Waterloo, Iowa We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of and for the year ended December 31, 2017 and the related notes to the financial statements, which collectively comprise the Utility's basic financial statements listed in the table of contents, and have issued our report thereon dated September 27, 2018. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements,we considered the Waterloo Water Works' internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Waterloo Water Works'internal control. Accordingly, we do not express an opinion on the effectiveness of the Utility's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions,to prevent or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the Utility's financial statements will not be prevented or detected and corrected on a timely basis. A significant I deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control over financial reporting that might be material weaknesses-or significant deficiencies and, therefore, .material weaknesses or significant deficiencies may exist that were not identified. We did identify a certain deficiency in internal control described in Part I of the accompanying schedule of findings as item 17-1-R-1 that we consider to be a material weakness. I 3128 Brockway Road,Watorloo,IA 50701-5103•(319)233-5225•Fax(319)233-3188•E-Mail w@hoganhansen.com Member of American Institute of CPAs-Iowa Society of CPAs 33 Algona•Ames•Belmond•Cedar Falls•Cedar Rapids-Forest City•Mason City•Waterloo Page 135 of 303 Board of Trustees Waterloo Water Works Page 2 Compliance and Other Matters As part of obtaining reasonable assurance about whether the Waterloo Water Works'financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective-of our audit and, accordingly, we do not express such an opinion.The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Comments involving statutory and other legal matters about the Utility's operations for the year ended December 31, 2017 are based exclusively on knowledge obtained from procedures performed during our audit of the financial statements of the Waterloo Water Works. Since our audit was based on tests and samples, not all transactions that might have had an impact on the comments were necessarily audited. The comments involving statutory and other legal matters are not intended to constitute legal interpretations of those statutes. Waterloo Water Works' Response to Findings The Waterloo Water Works' response to findings identified in our audit is described in the accompanying schedule of findings.While we have expressed our conclusions on the Utility's response,we did not audit the Waterloo Water Works' response and, accordingly, we express no opinion on it. Purpose of This Report p p The purpose of this report, a public record by law, is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Utility's internal control over financial reporting or on compliance.This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Utility's internal control over financial reporting and compliance.Accordingly,this communication is not su/iittable for any other purpose. 64,4 .w Awso HOGAN- HANSEN Waterloo, Iowa September 27, 2018 34 Page 136 of 303 Schedule of Findings Year Ended December 31, 2017 Part 1: Findinas Related to the Financial Statements Instances of Noncompliance There were no reported instances of noncompliance. Internal Control Deficiencies 17-1-R-1 Reconciliation and Listing of Accounts Receivable Criteria - We requested an aged listing of customer accounts receivable balances as of the year end to reconcile the amount to the trial balance for completeness and accuracy. Condition- Utility,billings, collections and delinquent accounts were not reconciled throughout the year, and a complete accounts receivable listing was not able to be produced by Utility staff. Cause - Insufficient training for staff on how to use the billing software and produce reports needed for the audit. Effect or Potential Effect - The potential effect of not reconciling and being able to obtain a current listing of outstanding accounts is an understatement of accounts receivable which would result in an understatement of revenue. Identification of Repeat Finding- N/A. Auditor's Recommendation -We recommend that the Utility work with its software provider ' to obtain sufficient training to produce reports needed to properly monitor and manage accounts receivable on a regular basis. We also recommend that the Utility reconcile the accounts receivable listing to total accounts receivable each month. Views of Responjible Officials and Planned Corrective Action - We will work with the software provider to determine how to generate the appropriate reports and then implement procedures to properly reconcile accounts receivable each month. Auditor's Conclusion- Response accepted. IPart II: Findings Related to Statutory Reoortino 17-11-1 Budget - Operating cash disbursements during the year ended December 31, 2017 did not exceed the amounts budgeted. 17-II-2 Questionable Disbursements - We noted no disbursements that may not meet the ' requirements of public purpose as defined in an Attorney General's opinion dated April 25, 1979. 17-II-3 Travel Expense - No disbursements of the Utility's money for travel expenses of spouses of the Utility officials or employees was noted. ' 35 Page 137 of 303 Schedule of Findings Year Ended December 31, 2017 17-114 Business Transactions-No business transactions between the Utility's officials or employees and.the Utility were noted. 17-II-6 Bond Coverage-Surety bond coverage of the Utility officials and employees is in accordance with statutory provisions and was reviewed and updated during the year. We recommend that the amount of coverage continue to be reviewed annually to insure that the coverage is adequate for current operations. 17-11-6 Board Minutes-No transactions were found that we believe should have been included in the minutes but were not. Minutes of Trustees proceedings were published within 15 days as required by Chapter 372.13(6) of the Code of Iowa. 17-II-7 Deposits and Investments -We noted no instances of noncompliance with the deposit and ' investment provisions of Chapter 12B or 12C of the Code of Iowa. i 1 36 Page 138 of 303 WATERLOO) WATER WORKS WATERLOO, IOWA DECEMBER 31, 2017 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Kings and Queens Club, 304 W. 4th Street. City Council Meeting: 11/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office i p nga:)y, Nmey Approved G 0/3 i/20 tl 8 ... tl 0.55 A SUBJECT: Cigarette/Tobacco Permit New Application for Kings and Queens Club, 304 W. 4th Street. Page 140 of 303 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 11/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date 1^c:g dmnee6iigg i p g,[.)y, N ammaay A.pproved G 0/8 p/20 tl 8 ... tl 0-46 A ATTACHMENTS: Description Type ❑ 1:3orids for cotu-: fl aapj provap p 1.5.18 13aac.kup:p l a t eilaap SUBJECT: Bonds. Page 141 of 303 BONDS FOR COUNCIL APPROVAL November 5, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5141021 SCHRADER EXCAVATING & GRADING CO. WALFORD, IA Page 142 of 303 CITY OF WATERLOO Council Communication 2018 Tree Removal Project City Council Meeting: 11/5/2018 Prepared: 10/24/2018 REVIEWERS: Department Reviewer Action Date L,ensure Services flu[tnf,:;, Paufl Approved G 0/24/20 tl 8 3-19 PM (I ]erk Off-we Eveii, L-eA.tan r) Approved G 0/26/2018 2-10 P N1 ATTACHMENTS: Description Type D 2018 Trex, Rerwwval 11to,ject Douti.rnents Covet Men/no D Bid TaN.fladori Bac. aii.p Materlap D Conh-acl Backijip Materiall Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirining approval of plans, specifications, form of contract, etc. SUBJECT: Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding the 2018 Tree Removal Project bid to Wilson Custom Tree of Cresco. Iowa, in the amount of 529.974. and approving the contract, bond and certificate of insurance, and authorize the Mayor to execute said ageement. Submitted by: Submitted By: Todd Derifield, City Forester Recommended Action: Approve Contract The city of Waterloo has been infested with the emerald ash borer. City Summary Statement: forestry crews are continuing to remove ash tree as well as routine tree trimming and will not be able to remove all of these trees in an appropriate time frame. Expenditure Required: To Be Determined Source of Funds: Forestry Capital Improvement Funds This project is improving street right-of-ways and parks. Therefore it Policy Issue: supports City of Waterloo Strategic Plan, Strategy 4.5 - Maintain community services that support quality of place. Alternative: N/A Page 143 of 303 The city of Waterloo has been infested with the emerald ash borer. City Background Information: forestry crews are continuing to remove ash tree as well as routine tree trimming and will not be able to remove all of these trees in an appropriate time frame. Legal Descriptions: N/A Page 144 of 303 I i i ' CITY OF WATERLOO LEISURE SERVICES COMMISSION i 2018 TREE REMOVAL PROJECT The Waterloo Leisure Services Commission is seeking bids for 2018 TREE REMOVAL PROJECT. BID REQUEST Sealed bids are due 1:OOpm, Thursday, November 1, 2018, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in City Hall, Waterloo, Iowa on Thursday, November 1, 2018, at 1:00pm. Public hearing on the project will be conducted Monday, November 5, 2018, at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope.- Waterloo nvelope:Waterloo Leisure Services Commission 2018 TREE REMOVAL PROJECT All work to meet City of Waterloo codes. Questions, please contact Todd Derifield, Waterloo City Forester, at Leisure Services, 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 145 of 303 CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the e NOTICE TO BIDDERS for 2018 TREE REMOVAL PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, November 1, 2018, until 1:00pm., for the 2018 Tree Removal Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the 2018 TREE REMOVAL PROJECT will be opened in the first floor small conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on Thursday, November 1, 2018, at 1:00 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2018 TREE REMOVAL PROJECT at 5:30 p.m. on Monday, November 5, 2018. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office,, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to remove the designated trees and stumps in accordance with these plans and specifications, CONTRACT PERIOD The period of time covered under this proposed contract shall be from November 6, 2018 to a completion date of no later than June 1, 2019. NOTICE OF PUBLIC HEARING page I of 3 Page 146 of 303 is PROPOSALS SUBMITTED i All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid a lump sum price as shown on the Bid Form. BID SECURITY REQUIRE D All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the stump removal work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one Contract to the responsible Bidder whose bid, conforming to the Specifications and is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount equal to one hundred percent (100%) of the contract price. The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of$10,000 in city projects during the current calendar year. NOTICE OF PUBLIC HEARING page 2 of 3 Page 147 of 303 o- METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of trees and stumps removed at the average contract removal price. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of trees and stumps removed must agree with numbers recorded by the Leisure Services Commission. Payment(s) will be mailed to contractor. Payments shall be mailed to contractor as part of regular billing cycle. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2018 City of Waterloo, Iowa, Kelley Felchle, City Clerk NOTICE OF PUBLIC HEARING page 3 of 3 Page 148 of 303 j CITY OF WATERLOO, IOWA 3 Waterloo Leisure Services i INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. IL PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. INSTRUCTIONS TO BIDDERS page 1 of 3 Page 149 of 303 p 3 V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. J B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and u 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 All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement, The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. INSTRUCTIONS TO BIDDERS page 2 of 3 Page 150 of 303 u "r i i IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature,the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured," The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws, D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (l 0) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. INSTRUCTIONS TO BIDDERS pa ,aof ge 151 of 303 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) -means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda(if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (flans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with fall authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. GENERAL CONDITIONS PAGE I OF 3 Page 152 of 303 u P Fittine and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, turf areas, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. if disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and their equipment. The City Forester will determine the extent of protection necessary for the trees. Permits and. Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OP 3 Page 153 of 303 Liability Insurance i The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a, Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) $5,000,000.00 per person Aggregate, Products and Completed Operations $5,000,000.00 Property Damage $5,000,000.00 per accident Comp. Auto Bodily Injury $5,000,000.00 per person Property Damage $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Narned Insured" in the amount of$5,000,000.00 liability for bodily injury(including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. GENERAL CONDITIONS PAGE 3 OF 3 Page 154 of 303 7 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION i SPECIFICATIONS for 2018 TREE REMOVAL PROJECT SCOPE OF WORK The Contractor shall provide all labor, equipment, and material necessary to remove the designated trees & stumps in the city park in accordance with these specifications. SPECIFICATIONS All trees and stumps marked on the attached maps, described in these contract documents, and marked in the field shall be removed according to industry standards following all of the American National Standards for Arboriculture Operations—ANSI Z 133-2012. The disposal of all branches, logs, wood chips, and any other debris from the tree and stump removals shall be the responsibility of the contractor, and shall be included in the contract price. This debris shall be disposed of in accordance with all city, county, state, and federal regulations. All stumps and exposed roots shall be ground out to a minimum of 12" below the surrounding soil surface. If there is a mound of soil around the tree stump, this mound shall be ground down level with the surrounding soil. All wood chips, soil, and other debris created by grinding stump to appropriate level shall be disposed of by contractor. Loam soil. (black soil) shall be supplied by the contractor and included in the contracted price. It shall be placed in the ground out areas to fill the voids. This soil must be free of large clods, rocks, and other debris. It shall also be raked level with the surrounding soil. Tree trunks or large limbs falling to the ground will occasionally cause holes or depressions during the tree removal operation. Contractor shall fill in these holes or depressions with the described soil above and seed as described below. SEEDING The new soil shall be seeded with a 50150 mix of Kentucky Bluegrass and Perennial Rye grass (80-90% germination). This seed shall be supplied by the contractor and included in the contracted price. LOCATING UTILITIES All utilities shall be the responsibility of the contractor to locate before any work is done on each and every stump location. Page 1 of 'age 155 of 303 i MISCELLANIOUS It shall be the Contractor's responsibility to coordinate the removal of automobiles j conflicting with tree and stump removals. It shall be the Contractor's responsibility to contact the local emergency services when major roads are fully or partially blocked for tree and stump removals. COMPLETION DATE 2018 Tree Removal Project shall be completed by June 1, 2019, NOTIFICATION Contractor shall notify City Forester at Leisure Services office before entering Park locations, Due to scheduled events or ground conditions, contractor's request to enter a Park may be denied at that time. City Forester and Contractor will then determine a more suitable date and time of entering a Park to remove the specified stumps. . DAMAGE PROTECTION All property damaged by the Contractor from the 2018 Tree Removal Project is the responsibility of the Contractor to repair or replace at the Contractor's expense to return to the condition property was before contractor damaged. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting from equipment and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Sidewalks damaged by Contractor will also be the responsibility of the Contractor to replace to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely mamier. Types of equipment required for this contract: Aerial Lift Truck Stump grinder or stump cutter Dump truck Skid loader, tractor, or other equipment with bucket Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this tree and stump removal project. List the year, make and model of the equipment listed. Page z 'f 'age 156 of 303 SIZE OF TREES AND STUMPS Tree sizes listed are the Diameter at Breast Height(DBH) of the tree trunk. This diameter of the tree was determined by wrapping a diameter measuring tape (measuring inches) around the trunk at 4.5 feet from the ground. LOCATIONS OF TREES Locations of trees are in Waterloo, IA in Hope Martin Park. An aerial photo of park locations is attached. LICENSING 'Contractor shall comply with the City of Waterloo Ordinance (7-5A-1A)—License Required: No person shall engage in the business of removing, cutting or trimming of trees in the City of Waterloo without first obtaining the required license. See City Forestry for details if needed. Page 3 O'�age 157 of 303 '7M e "�a�+'.� -yY r t ✓, - '�f1 w �mm a � ' spa' : rv�. Ian -n t �. �;� �, ,�sam " # µ s °a d5 vY .,✓�,.q sY'� ,,„ �W�° pa hof � n m� � �&s�i..'y7��y��r yr � �• WJ H�� p v,�� �°N Yt r s d`r� �W,'ar,l t a.� W✓ s ,� r o f r Y -+a 0, M`- 4rY ,y' r °�Y +tra r: �rr✓'a `� ��ti t1r+�` 4 F "'+ n3 a SP E � ��' +�� ;'" r •��� gib'd� xr y� ,�s �ur Y q ,d�,` `�"k �'� �� ,��s � - �a ° � FYµyrnJ'�,�1 �#''M '��'i,�,hr 10 r i' �� W> ■ a a a d � •� ar �. k^ g f�>T S,° �`" yY r,��tr� � 1�■�p��b' ;F�IF' � � � � w�vftg�' ,,v" ,e. �9� � # +s r t� �F°.bj"7 .✓aa rk of 5j,i �� •�'3 } - �S' # -.. '6 •r', "faY�r�46 �F`'a 1} d+r'.;�„. 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The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners; having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed 2018 TREE REMOVAL PROJECT, in accordance with the contract documents and for the bid prices for the removal and disposal of 61 trees & associated stumps in Hope Martin Park as described in the attached documents for the following amount: Dollars ($ ) BID PRICE 2. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten(10) days after"Notice to Proceed" is issued. 3. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 4. Attached is a Non-Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request, BID FORM page 1 of 2 Page 159 of 303 3 3I 3 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an 3 AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is 3 lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / 1 1 I / 1 8. The Bidder shall list the MBEIWBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and/or Women Business Pre-bid Contract Information Foran submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder shall list all equipment available for this project: 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA" 11. The bidder has attached all applicable forms. 12. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: 1 I Name an Tit e BID FORM page 2 of 2 Page 160 of 303 i f i STATEMENT OF BIDDER'S QUALIFICATIONS j (To be submitted by the Bidder only upon request of the City of Waterloo,Iowa.) i All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The.Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. & Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE l OF 2 Page 161 of 303 1 f Dated this day of , 20 Name of Bidder 3 By: Title: State of ) ss County of ) 9 i being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this_day of , 20 Notary Public My commission expires , 20 s,iwrEMENT or BIDDER'S QUALIFICATIONS Pphaaef62 of 303 i BID BOND I j 3 i KNOW ALL MEN BY THESE PRESENTS, that we, 0 as Principal, and ' as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called"OWNER". In the penal sum dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the_day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the frill amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 (Seal) Principal By (Title) Witness (Seal) Surety By Witness Attorney-In-Fact BID BOND PAGE 1 OF I Page 163 of 303 y p NONCOLLUSION AFFIDAVIT OF PRIME BIDDER u State of ) County of ) being first duly sworn., deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2, He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4, Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Su.Us-cr'avAl a'K&wol-rV to-U f M'e' ------- day of---------------------------- 2018. __________________________________ _____________________________________ s%pt tt.tx'e, T iPi My "pwrek-------------------------------- Page 164 of 303 Y NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR d State of County of ) being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2018 TREE REMOVAL PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; S. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant, Signature Title S"Zr C OYe&a4'L&WOVYi.ta-Ue IOVel MR,thkk _____ day of __________________________, 2418. ------------------------------------ _________-------------------------- S4nate, 7'6de, Page 165 of 303 i EQUAL OPPORTUNITY CLAUSE (As,provided in Executive Order No. 11246) 3 All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following; a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file -compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program---Contract Compliance Provisions relative to Resolution No. 24664. EQUAL OPPORTUNt'rY CLAUSE PACE 1 OF 2 Page 166 of 303 1 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this j contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, of supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Page 167 of 303 1 i CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2018 TREE REMOVAL PROJECT This Contract for 2018 TREE REMOVAL PROJECT(the"Contract") is made and entered into on November 5, 2018, by and between the City of Waterloo, Iowa(the"City"), and (the"Contractor"), WITNESSETH: I. The Contractor shall furnish all supervision,technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans to remove 62 trees & stumps in Hope Martin Park, 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing c. Instruction to Bidders d. Signed copy of Bid e. General Conditions f. Specifications g. Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor-agrees to commence the work within ten (10) days after the City issues a "Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers,employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Tree Removal Contract-Page I of 3 Page 168 of 303 o. City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to,the following: unsatisfactory job performance or progress, defective work,disputed work, failure to comply with material provisions of the Contract, third-party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have beengiven by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7)days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one(2 1) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person, or(ii)three(3) business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, Tree Removal Contract- Page 2 of 3 Page 169 of 303 i 3 except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. ' 14. This Contract shall be binding upon and inure to the benefit of the parties and the N respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in pail, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract,together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the Contractor the amount listed below for the removal of 61 trees & stumps in Hope Martin Park: Dollars $ IN WITNESS WHEREOF, the paries have executed this Contract for Tree Removal by their duty authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor Name of Contractor By: City Clerk Title: Tree Removal Contract-Page 3 of 3 Page 170 of 303 2018 Tree Removal Project Bid Opening: November 1, 2018 Estimate: $36,600.00 Bidder Bid Security Bid Amount Affordable Tree 5% Dunkerton, IA Ck#5149 $49,800.00 Wilson Custom Tree 5% C $29,974.00 Cresco, IA Rathje Construction Co. o 5/o $38,125.00 Marion, IA Page 171 of 303 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2018 TREE REMOVAL PROJECT This Contract for 2018 TREE REMOVAL PROJECT (the "Contract") is made and entered into on November 5,2018, by and between the City of Waterloo,Iowa(the "City"), and Wilson Custom Tree (the "Contractor"). WITNESSETH: 1. The Contractor shall furnish all supervision,technical personnel, labor,materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans to remove 61 trees & stumps in Hope Martin Park. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing C. Instruction to Bidders d. Signed copy of Bid e. General Conditions £ Specifications g. Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten(10) days after the City issues a "Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa,relating to the obstruction of streets and alleys,keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City,its officials, officers, employees or agents, in the perfonnance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever,including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Tree Removal Contract-Page 1 of 3 Page 172 of 303 City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work,but if the work is delayed by the City,the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights,may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including,but not limited to,the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract,third-party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven(7) days' advance written notice. In the event of termination,the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail,postage prepaid and addressed: City Contractor City of Waterloo,Iowa Wilson Custom Tree 715 Mulberry St. 212 Short Ave Waterloo, Iowa 50703 Cresco,IA 52136 Attn: City Clerk Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, or(ii) three(3)business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture,partnership, agency, employment, or any other relationship between the parties nor, Tree Removal Contract-Page 2 of 3 Page 173 of 303 except as expressly set forth herein,to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid,illegal, or unenforceable as written,but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract,together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the Contractor the amount listed below for the removal of 61 trees & stumps in Hope Martin Park: Twenty-nine thousand nine hundred seventy-four Dollars ($29,974) IN WITNESS WHEREOF,the parties have executed this Contract for Tree Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor Name of Contractor By: City Clerk Title: Tree Removal Contract-Page 3 of 3 Page 174 of 303 CITY OF WATERLOO Council Communication 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. City Council Meeting: 11/5/2018 Prepared: 10/23/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zona iig nndersorrm, I"wroe� Approved 10/30/2018 ... 617 PM (.1 erk Office Eveni, L-eAn:) Approved 10/31/2018 .... 9-.415 AM ATTACHMENTS: Description Type .ttaacpi una nts ... Vacate F oir nidi. W 4 t1i St 1 O W, (.,over. M e nio Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing, receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance SUBJECT: approving a request to vacate a portion of West 4th Street(former Bridge StreetLght-of-way located adjacent to 501-503 Commercial Street, subject to the retention of a utility easement over, under and upon the entire vacate area. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is 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. The City is requesting to vacate the right-of-way, located between Cedar Summary Statement: Street and Commercial Street, as the area is no longer needed for public street purposes. The area is the former location where West 4th Street was located before it was relocated to the southeast. After the road was relocated, the area was left as right-of-way, but a city owned parking lot was constructed on it. There are numerous utilities located within the former right- of-way, therefore the retention of the utility easement is needed. Page 175 of 303 Expenditure Required: None Source of Funds: N/A Policy Issue: Right-of-Way Alternative: N/A Parcel "L" Description: The southeasterly 20 feet of Lots 5, 19, 20, 21, 22, 23, 24, the southeasterly 20 feet of the southwesterly 5 feet of Lot 36, the southeasterly 20 feet of the platted east-west 15 foot public alley, and that portion of Bridge Street between Commercial Street and Cedar Street, all in Mill Square, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the southwesterly corner of Lot 4, Mill Square; thence North 49°04'04" West degrees 60.00 feet along the northeasterly line of Commercial Street to the southeasterly corner of Lot 5, Mill Square; thence continuing North 49°04'04" West 20.00 feet along said northeasterly line to the southwesterly corner of the southeasterly 20 feet of said Lot 5; thence Legal Descriptions: North 41'03'14" East 305.00 feet along a line 20 feet normally distant to and parallel with the northwesterly line of Bridge Street to the northeasterly line of the southwesterly 5 feet of Lot 36, Mill Square, said line also known as the southwesterly line of Cedar Street as presently established; thence South 49°04'04" East 20.00 along said northeasterly line to the northwesterly line of Bridge Street; thence continuing South 49°04'04" East 60.00 feet along the southeasterly extension of the aforesaid northeasterly line to the southeasterly line of Bridge Street; thence South 41°03'14" West 305.00 feet along the southeasterly line of Bridge Street to the point of beginning, containing 24,400 square feet(0.56 acres) and subject to an easement over, under, upon, and across the described parcel for public utilities. The northeasterly line of Parcel K of the NE 1/4 of Section 26, Township 89 North, Range 13 West of the 5th Principle Meridian, also being the southwesterly right-of-way line of Commercial Street, is assumed to bear North 49°04'04" West for the purpose of this description. Page 176 of 303 October 3,2017 REQUEST: Request to vacate a portion of West 4th Street right-of-way, located between Cedar Street and Commercial Street. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to vacate a portion of the right-of-way DESCRIPTION: of West 4th Street, located between Cedar Street and Commercial Street, as the area is no longer needed for public street purposes, and is currently used as a parking lot. IMPACT ON NEIGHBORHOOD & The request would not appear to have a negative impact on the SURROUNDING surrounding neighborhood or land use. LAND USE: VEHICULAR & The vacate request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area because it is TRAFFIC excess right-of-way no longer needed for road purposes. CONDITIONS: Commercial, West 4th Street, and Cedar Street are all classified as Local Streets. RELATIONSHIP TO The nearest recreational trail is the 218 Trail located along the RECREATIONAL northeast side of Hwy 218, which is 800 feet southwest of the TRAIL PLAN AND proposed vacate area. The area is served extensively by sidewalk. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "C-3" Central Business FOR SITE AND District since the adoption of the Zoning Ordinance in 1969. The IMMEDIATE VICINITY: surrounding land uses to the north, south, east, and west are all "C-3" Central Business District with office buildings. DEVELOPMENT The surrounding area mostly consists of older office buildings that HISTORY: were primarily constructed between the 1930's and 1980's. BUFFERS/ SCREENING/ No buffers or landscaping would be required for this request. LANDSCAPING REQUIRED: DRAINAGE: The vacate request would not appear to have a negative impact upon drainage conditions in the area. FLOODPLAIN: The area being vacated is located in Zone-X, 500-Year Floodplain, protected by the flood control levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN There are no schools within the immediate vicinity. The River Loop SPACES/ SCHOOLS: Expo Plaza is located approximately three blocks to the southwest of the vacate area. Vacate 4`h Street ROW—Between Cedar Street and Commercial Street, Page 1 of 2 Page 177 of 303 October 3,2017 UTILITIES: WATER, An easement will need to be retained over the Right-of-Way to be SANITARY SEWER, vacated. There is a 30" sewer line in the alley northeast of the STORM SEWER, ETC: vacate area, Mid-American electrical transmission lines/transformer, 10" waterline/private services, and storm sewer line that crosses the vacate area. Cedar Street and Commercial street both contain 10" storm sewer lines just past West 4th Street. RELATIONSHIP TO The Future Land Use Map designates this area as Commercial. COMPREHENSIVE The proposed vacate request would be in conformance with the LAND USE PLAN: Comprehensive Plan and Future Land Use Map for the area. STAFF ANALYSIS — The applicant is requesting to vacate a portion of West 4th Street ZONING right-of-way, located between Cedar Street and Commercial Street. ORDINANCE: The area is the former location where West 4th Street was located before it was relocated to the southeast. After the road was relocated, the area was left as right-of-way, but a city owned parking lot was constructed on it. The area is not needed for public purposes, and has potential for redevelopment, although an easement will need to be retained over the entire vacate area due to multiple utilizes within the vacate area. STAFF ANALYSIS — SUBDIVISION There is no platting as a part of this request. ORDINANCE: STAFF Therefore, staff recommends that the portion of West 4th Street RECOMMENDATION: right-of-way, located between Cedar Street and Commercial Street be approved for the following reasons: 1. The vacate request would not appear to have a negative impact on the surrounding area, and the right-of-way does not appear to be needed for any future street purposes. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request would not appear to have a negative impact upon drainage conditions in the area. Subject to the following conditions: 1. That an easement will be retained for the entire right-of-way area to be vacated. Vacate 4`h Street ROW—Between Cedar Street and Commercial Street, Page 2 of 2 Page 178 of 303 City of Waterloo Planning, Programming and Zoning Commission October 3, 2017 MARGYLE ST R-2 lett �. I s ; ALMOND R 3I I I I / / I i, C C Z QvIX QP , ` ' SCP' . J M Jam `` I rp,� 5 — 0 QP C'2 �� R 3. Era �, L NW r M-2,P A-1 M-2 M-1 - f ooqI ^ s C P �. 'jlCCj� n )�k ✓ M-2 111 � �.. sT', N' „ �A I LNIVERS 3 f N I—IF 6 V _ I I i 111 sow✓` R 4;R P l 19Iii111111 Q '�T,c ,7 ✓ „ u' 7 �� �M c4 s� 7, � fir., x'; M-2 ✓'r h \ 1, ` K `�...�...`�-�.. 40 1 Z - 7 R q O r ° r m �� C'0 r � �`,,,.. C-1, tioCA2 C Z C C=2 5� sR�gl r9�yq� 1@ 5 n �«tiuu ,�a tis M-1 R4 O� kh, R-3,C s, R_'3 „ GRANT C1 EA ST R- 7 G� y R 1, -p R-1, � �II FFFJ R72, R-2,C-Z C 2 ,. N Adjacent to 501-503 Commercial w* E Street Vacate Request 1,000 500 0 1,000 City of Waterloo Feet , ' Page 179 of 303 City of Waterloo Planning, Programming and Zoning Commission October 3, 2017 !� ///'''' 3�l, i i Iii l 501-503 Commercial Street %%i� /d�'' , mu I ��d�Nllrrrrr ti� r! / r / ll Legend Vacate Area N Adjacent to 501-503 Commercial w E Street s Vacate Request 50 25 0 50 • City of Waterloo Feet , ' Page 180 of 303 Index Legend Location Portions of Lots 5, 19, 20, 21, 22, 23, 24, and 36, the Description: platted east-west alley, and Bridge Street, in Mill Square, City of Waterloo„ Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo Surveyor: William W. Castle Surveyor City of Waterloo Engineering Department Company: 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Mcit Of SUrVey Parcel "L" of the NE ?/4, Sec. 26, T89N, R 13W, City of Waterloo, Black Hawk County, Iowa Parcel "L" Description: The southeasterly 20 feet of Lots 5, 19, 20, 21, 22, 23, 24, the southeasterly 20 feet of the southwesterly 5 feet of Lot 36, the southeasterly 20 feet of the platted east-west 15 foot public alley, and that portion of Bridge Street between Commercial Street and Cedar Street, all in Mill Square, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the southwesterly corner of Lot 4, Mill Square; thence North 49°04'04"West degrees 60.00 feet along the northeasterly line of Commercial Street to the southeasterly corner of Lot 5, Mill Square; thence continuing North 49°04'04" West 20.00 feet along said northeasterly line to the southwesterly corner of the southeasterly 20 feet of said Lot 5; thence North 41003'14" East 305.00 feet along a line 20 feet normally distant to and parallel with the northwesterly line of Bridge Street to the northeasterly line of the southwesterly 5 feet of Lot 36, Mill Square, said line also known as the southwesterly line of Cedar Street as presently established; thence South 49004'04" East 20.00 along said northeasterly line to the northwesterly line of Bridge Street; thence continuing South 49°04'04" East 60.00 feet along the southeasterly extension of the aforesaid northeasterly line to the southeasterly line of Bridge Street; thence South 41°03'14"West 305.00 feet along the southeasterly line of Bridge Street to the point of beginning, containing 24,400 square feet(0.56 acres) and subject to an easement over, under, upon, and across the described parcel for public utilities. The northeasterly line of Parcel K of the NE 114 of Section 26, Township 89 North, Range 13 West of the 5th Principle Meridian, also being the southwesterly right-of-way line of Commercial Street, is assumed to bear North 49°04'04"West for the purpose of this description. Survey [Votes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North.Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel letter"L" assigned by the Black Hawk County Auditor's Office on September 28, 2018. Plat of Survey Parcel "L" of the NE 1/4, Sec. 26, T89N, R 13W, City of Waterloo, Black Hawk County, Iowa Survey Notes: Plat Legend: 1. The Bearings shown on this survey are derived from GPS observations using • Found Monument the Iowa State Plane Coordinate System,North Zone, NAD 83(2011). O Set 518"x 24"Rebar 2. All dimensions are in US Survey feet and decimals thereof. wlBlue Plastic Cap 3. Parcel letter"L."assfgned by the Black Hawk County Auditor's Office on "Iowa-19715" September 28,2018. ® Cut"X"in concrete, 4. *-Record Survey Plat Doc. Number 2018-3229 found or set 0 40 80 123.45' Record Measurement (123.46) Field Measurement Scale: 1 inch=80 feet Lot t13 1«n j 0 n AA C11 ------ — Lot 32 'res Placed°x" Cedar Street 5o,ROW g0' ($0.00') - in sidewalk . o+,,1. 172'(172.00') L0.;u S 49°04'04 E Lot ^ 5 49°04'04"E) 33 20 Set 518"rebar Lot r of 19 5' wlBEue 16 cap L t 2° "Iowa-19715" L 2E LO 20' M Q Lot 1S Lo 2.1 — ---- _ - l537 >y _ d m _ of 2. o -et 15 Lot 22 r r " INm i.ot 26 Q rm Lok`' Lot 23 0 co a c � 4 Z ? Lot 24; Lot 3 l mi 25 W - n `tY T m Z — -- c Vacated ria, _ed 5'Alley - p o a o a� v p L0 Lr) o C. r 20' " i Comer post ao :a. s zz z 20' 60' (N 49°04'04"W7 occupied by building Placed Ws in sidewalk 172'(172.00') Placed'X" ' ') Fd.112" bar 80 $$'da POB wlout 10 ea In on 3'offset west and LL^ (N 49°04'44"W} in sidewalk N 49°04!04"W p on 3'offest south of n ) Set 518"rebar sidewalk comer I M w/B€ue ID cap 10-(1D.0D') �� "Iowa-99715" (N 49°04'04"W} m z Commercial Street-so,ROW 240.52'N 49°02'55"W (240.51'N 49°04'04"W) Fd.cut'r Td- sid Fd.cut r ;In sidewalk ss" me iin sidewalk �>1 arcEP wF- q 0-3zz �. w r t v�����s eG �s � Fd.cut W si din sidewalk I u uud r I � e Ir/ r /< / /,// /r U� r/ //i rr /// im /�%��%/ � //�//o// QQ Ce) �l fl! // "✓' //G off j /,/ri%/%j /i !i /r/ O o M E04 -hN CNO 'm d -00 04 .0 MO. �SLL � (II LLJ s ! 1 I / I 1 / / r ; 1 / ue I i r / r r 1 SII n r r I or/ V 1 I f / w - aEE rc oo �) N w¢ W O U yWJ�OLL.Cif U zW'ou� kO 1 P uj �I f a LLJa x m W Y K N nr ¢ a a. naxOv�r t++ 11 h11 Wa¢a Ln Ar I *..P, y K �tlS MT. MAIN / 4 IN l 011 / ! Parking Lot a ' "M,, k � � 10, 6" a „ �� 30" Sanitary Sewer � r v MAY 'y p y' �• , .pyYN "V 27 'M ,yq ; "w !f t � x d d 12" Storm Sewerr ��.�„ Page 184 of 303 City of Waterloo Planning & Zoning Department 715 Mulberry Street,Waterloo, Iowa 50703 (319)291-4366 Offer to Vacate and Purchase City Right-of-Way Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement LJ Sale of City-Owned Property, e1,01 -7 -21 ,) Address: ?��64j /,Ie/ Phone No.: Applicant:j L_11�y General Description of Property to Vacated(i.e.-alley between A St. & B St., South of C St.): Legal description of area to be conveyed,vacated,or encroached: 'FI.310, 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): Right-of-way vacation—One Hundred Seventy Five Dollar($175.00) Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00) Filing Fee • Encroachment---One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy--One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building& Grounds Committee] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs (surveying& misc., demolition,remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following casement shall be retained: .............................. 5. Other: Please provid a site pl-it and r aeri I photo of the area to be vacated if the request involves adt di as the r>ascn f r th request, Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 185 of 303 Vacate Request — Adjacent to 501-503 Commercial Street It Looking southwesterly towards the vacate Looking northeasterly towards the vacate area. 501-503 Commercial Street is on the area. right side of the picture. , �„ � /11,�f%%////l/%���, i%�/ /��' � ✓ /// //iia/rotor/ /iii<wr�i aoo ;,, '„r, Looking northeasterly from the vacate are Looking across West 4th Street at existing at 10 West 4th Street. commercial development and the parking ramp. Page 186 of 303 CITY OF WATERLOO Council Communication Resolution approving request by Craig E. Penrose for an Encroachment Agreement to allow for a portable shed to extend five(5) feet into a public utility easement, located at 1125 Englewood Avenue, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 11/5/2018 Prepared: 10/22/2018 REVIEWERS: Department Reviewer Action Date Ppmnm ng& Zoniig Secure edea, A.rie Approved 10/22/2018 ... pep 9 PM (.1 erk Office Eveni, 1: eAni) Approved 10/26/2018 .... 2-.015 PM ATTACHMENTS: Description Type City i;ou:a>icfl Su:airnuuutufl Ba ckuaipb Ma teirW Resolution approving request by Craig E. Penrose for an Encroachment Agreement to allow for a portable shed to extend five SUBJECT: (5)feet into a public utility easement, located at 1125 Englewood Avenue, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The Request by Craig Penrose for an encroachment agreement to allow for a portable shed to extend 5' into a public utility easement, located at 1125 Englewood Avenue. In the past, encroachment agreements the City has entered into have included provisions that allow the City to give a notice of termination of the agreement if the right-of-way or utility easement is needed for any future public purposes, and requiring that the city have no liability for any damage that may occur. Summary Statement: The applicant has an irregular L-shaped lot, so the location of the shed is limited. Furthermore, the corner lot requirements for setbacks further limit locations and ability to enjoy yard space. The applicants request to place a portable 10' x 20' or 200 square foot shed 5' into a utility easement would not appear to have a negative impact on the area and would still allow the ability for access to existing utilities when necessary. Page 187 of 303 The Planning and Zoning Commission recommended approval for the Encroachment Agreement at their regular meeting on June 6, 2017. Expenditure Required: None Source of Funds: N/A Policy Issue: Easement encroachment Alternative: The applicant would have to place their shed outside of the Encroachment Area. Background Information: N/A Hagerman Place Lot 10, Block 14, and the part of the 16 feet wide north- Legal Descriptions: south alley in said Block 14 located South of an extension of the North lot line of said Lot 10. Page 188 of 303 October 29,2018 REQUEST: Request by Craig Penrose for an encroachment agreement to allow for a portable shed to extend 5' into a utility easement, located at 1125 Englewood Avenue. APPLICANT: Craig Penrose, 1125 Englewood Avenue, Waterloo, Iowa, 50701 GENERAL The applicant is requesting the approval of an Encroachment DESCRIPTION: Agreement to allow for placement of a 10' x 20' shed in the utility easement located adjacent to 1125 Englewood Avenue. IMPACT ON The request is not anticipated to negatively impact the surrounding NEIGHBORHOOD & neighborhood or land use. SURROUNDING LAND USE: VEHICULAR & The request will not have a negative impact upon pedestrian or PEDESTRIAN traffic conditions in the area. TRAFFIC CONDITIONS: RELATIONSHIP TO There are no trails in the immediate area. RECREATIONAL TRAIL PLAN: ZONING HISTORY The lot in question is zoned "R-2" One and Two Family Residence FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: zoning code in 1969. Surrounding land uses and their zoning are as follows: North — Residential Development zoned "R-2" One and Two Family Residence District South — Residential Development zoned "R-2" One and Two Family Residence District East — Residential Development zoned "R-2" One and Two Family Residence District West — Residential Development zoned "R-2" One and Two Family Residence District DEVELOPMENT The adjacent surrounding properties are residential that where HISTORY: developed between 1911 and 1954. BUFFERS/ No buffers or additional screening is needed with this request. SCREENING REQUIRED: DRAINAGE: The encroachment agreement will not affect drainage in the area. FLOODPLAIN: No portion of the lot in question is 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 0302F, dated July 18, 2011. PUBLIC /OPEN There are no nearby schools or parks within the vicinity of the SPACES/ SCHOOLS: request. Encroachment Agreement—1125 Englewood Ave. Pc LF 181 Of 303 October 29,2018 UTILITIES: WATER, There is overhead electric within the encroachment area. SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates the area as Low Density COMPREHENSIVE Residential. LAND USE PLAN: STAFF ANALYSIS — ZONING There is no rezoning required for this request ORDINANCE: STAFF ANALYSIS — There is no platting required for this request. SUBDIVISION ORDINANCE: Therefore, staff recommends approval of the request for an encroachment agreement to allow for a portable shed to extend 5' into a utility easement, located at 1125 Englewood Avenue be STAFF approved for the following reasons: RECOMMENDATION: 1. The request would not appear to have a negative impact on the surrounding area. 2. The shed is portable and can be easily moved to provide access to existing utilities. And subject to the following condition(s): 1. A signed and executed Encroachment Agreement. Encroachment Agreement—1125 Englewood Ave. PQLF?-916 Of 303 Waterloo City Council October 29, 2018 i1 R-2,C-Z A-1 M-1 R-2 R-2 M-2 R-1,R-P C-1,C-Z M-2,P =2 C-1 M-2"PQ c!� C-Z R- C-Z �C C-1,C'Z R-2,C-Z C�2 F �2,C-Z R-4 RR'!4 R-4 C-2,C-Z R-3 R-2 C-1 R=3 1 C-2 C-2,C-Z A-1 C-1;C-Z R-3 R-3 S-1 R-2 C=1 R-4,1-z- F-- -][R--3 N 1125 Englewood Avenue W E Encroachment Agreement S. Craig Penrose 1 500 0 1,000 Fcd Page f of 303 Waterloo City Council October 29, 2018 I Retained Utility Easement 1" r � 0 �r l 1125 Englewood Avenue N 1125 Englewood Avenue W-#7-E Encroachment Agreement s Craig Penrose 25 12.5 0 25 Feetlow III Page �92 of 303 Encroachment Agreement Request — 1125 Englewood Avenue w w a ,I vIJY (I I I,I i e; Looking northwest across Janney Street at Looking to the east of the existing garage the existing garage and 1125 Englewood where the proposed shed would go. An Avenue. overhead electrical line is located within the retained easement. i Jnr i Looking south across Janney Street from Looking at the existing overhead electrical the area where the new shed would be line within the existing easement. constructed. Page tb3 of 303 ...... .......... ............... ........... .... 44, I E1 lux/7 tAl CO IJ .......... is Is 4 L L CY is Page 'P94 of 303 Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Craig E. Penrose and Judith K. Penrose, hereinafter"Penrose", and the City of Waterloo, Iowa, hereinafter"City" this day of , 2018. WHEREAS, Penrose is the owner of real estate commonly known as 1125 Englewood Avenue, Waterloo, Iowa 50703 and legally described as Hagerman Place Lot 10, Block 14, and that part of the 16 feet wide north-south alley in said Block 14 located South of an extension of the North Lot line of said Lot 10, hereinafter"Penrose Property"; and WHEREAS, Penrose is proposing to construct and maintain a 10' X 20' portable shed, hereinafter"Shed"that encroaches 5 feet into a public utility easement, hereinafter"Easement"; and WHEREAS, Penrose is requesting to allow said Shed within a portion of said Easement as described below"Encroachment Area"; and WHEREAS, the City is willing to allow said Shed to encroach into said Encroachment Area as legally described as the West 5 feet of the 16 feet wide north-south alley in Block 14 of Hagerman Place, located South of an extension of the North Lot line of Lot 10, subject to the following agreement regarding each party's rights. 1. Penrose hereby recognizes and reaffirms, said Easement. 2. The City grants Penrose the right to place and maintain said Shed in said Easement as described above, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or Right-of-Way License Agreement to and for access over, under and upon said Easement, expressly recognizing and acknowledging that any damage that occurs to said Shed will be the sole risk and expense of Penrose including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or Right-of- Way License Agreement needs said Shed to be temporarily moved for access to said Easement, Penrose shall move said Shed if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or Right-of-Way License Agreement shall be authorized to move said Shed and assess any costs for removal against Penrose, or Penrose Property. 3. The term of this agreement shall be for so long as said Shed is maintained by 4. Penrose shall protect, defend, indemnify, and hold harmless the City and its successors and assigns and their officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or Right-of-Way License Agreement from any claim, damages, liability and expenses (including,but not limited to, reasonable attorney's fees and costs of litigation) of any type or nature whatsoever arising out of the use, maintenance, or removal of said Encroachment,including, but not limited to any damage to said Easement or said Shed. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon the parties and their respective transferees, successors, heirs and assigns. Time is of the essence in observing the terms of this agreement. In WITNESS WHEREOF,the parties have executed this Encroachment Agreement by their duly authorized offices as of the date first set forth above. City of Waterloo Ud� Misa B. Dolan, Power of By: Quentin Hart Attorney for Craig E. and Judith K. Its: Mayor Penrose, Owners Attest: Kelley Felchle, City Clerk STATE OF ....... COUNTY OF 7�,0, SS. On this (',"I day of 2018 before me, the undersigned, a Notary Public in and 'I for the State of Marisa B. Dolan, Power of Attorney for Craig E. and Judith K. Penrose, personally appeared to me known to be the identical person named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public STATE OF IOWA COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of_, 2018 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. City of Waterloo Planning & Zoning Department 71.5 Mulberry Street,Waterloo,Iowa 50703 (319)291-4366 ❑ Offer to Vacate and Purchase City Right-of-Way Encroachment Agreement Request g eemeut ❑ Sale of City-Owned Property Vacate Sidewalk,o,r ��ryA�4v NVF, �Y i Applicant:GSA/<7' Address: /12:�7_ Phone No.:319 2_-3Z:Q/7 General Description of Property to Vacated(i.e.-alley between A St.&B St., South of C St.): Legal description of area to be conveyed,vacated, r encroached: x 1. A non-refundable filing fee(s) shall be made as follows(checks payable to City of WaterIoo): • Right-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee • EaseXnent or`sidewalk vacation Seventy Five Dollar($75.00}Filing Fee Encroachment—One Hundred Dollar($100.00)Filling Fee -- • Sale o cr - pe not required to be vacated No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)fee 2. Offer POce*[Note: If the offer price meets the Sale of Property Policy(see att ed)the request will not be required to be reviewed by the Building& Grounds Committee.] • Asking price(see attached Sale of Property Policy for how cale la ed): • Deductions • May decrease price by 50%forAare�eed within an easement: .rt. • May decrease price for the City tax that will be collected on the land within 5 yrs,(8 yrs inside of the CUBA): • Costs (surw�yi g& mist.,demolition, remove of curbs,etc) Asking price—Deductions—Value of Property: i, Offer Price for Entire Area: i. Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated, Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City (' Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. I 4. Easement*: The following easement shall be retained: 4 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. : y - Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page %7 of 303 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for the Final Plat of Brock 3rd Addition, a 3-lot commercial subdivision located northwest of 2010 West Ridgeway Avenue. City Council Meeting: 11/5/2018 Prepared: 10/24/2018 REVIEWERS: Department Reviewer Action Date Plar)rnnnigi& Zonninng Seliroeder, Axie ReJecded G0/24./2018 .... 5.16 PNI f pmrnnnrog& Zonninng Don°niof,, spoon Approved 10/29/2018 18 �:14 PM f pn tln n g& zo nirngp A.nidersoi, Noe: Approved 10/30/2018 6-.18 PM (.`dery ()p"pice Evenm, 1-eAnnn Approved 10/3p/:018 9-.5 A ATTACHMENTS: Description Type pi(n ff l .Cpoill Covc.r M rn-io Overvicw Map (:'over Morn-io .er al Map ('.'o c.r M caio papa( (...'over Meaio (-'ergpiicate of i!Siairv'ey Cover mcalo p..,a(fi 'ii-oni Ergprnrb,er Cover mcalo , pjflia iorn Cover meas o Resolution approving a request by the City of Waterloo for the Final Plat of SUBJECT: Brock 3rd 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 • Final Plat • Certificate of Survey/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 Page 198 of 303 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 which is a local street. Highway 63 is to the east and is classified as a Principal Arterial. The area of the proposed plat is zoned "M-2,P"Planned Industrial District and was rezoned from"U-I"Unclassified on June 3rd, 2004 Ordinance 3682. Surrounding land uses and their zoning are as follows: North— Leonard Katosld Greenbelt, zoned "A-l"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"Planned Business Park and the Leonard Katoski Greenbelt zoned "A- 1"Agricultural District. Commercial buildings built between 1990 and 2017. No buffers would be required as a part of this rezoning request. A drainage plan will need to be submitted to engineering when buildings are constructed. 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 1' above base flood elevation. A new sanitary sewer will be extended from the east to serve the lots. There is also an 8" Sanitary Sewer located in Ridgeway Avenue. The final plat consists of 3 lots and two tracts containing a total of 38.54 acres of land which is located NW 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 used for drainage and water detention but an explanation is needed of what Tract B is for. At their October 2, 2018 meeting the Planning, Programming, and Zoning Commission unanimously recommended approval of the final plat. The following information is included in the final plat: Legal Description, Date,Adjoining Subdivisions, Easements, and the Lot Sequence is proper. Page 199 of 303 Summary Statement: Page 200 of 303 Expenditure Required: None 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 201 of 303 October 2,2018 REQUEST: Request by the City of Waterloo for the Final Plat of Brock 3rd Addition, 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" Planned Business Park and the Leonard Katoski Greenbelt zoned "A-1"Agricultural District. DEVELOPMENT Commercial buildings built between 1990 and 2017. HISTORY: BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING REQUIRED: DRAINAGE: A drainage plan will need to be submitted to engineering when buildings are constructed. Drainage way is shown between Lot 02 and Lot 03 which should not be filled in or developed upon. NW of 2010 Ridgeway Ave— Final Plat P&gLF2V of 303 October 2,2018 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. There is also an 8" Sanitary Sewer located in Ridgeway STORM SEWER, ETC: 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 final plat consists of 3 lots and two tracts containing a total of ZONING 38.54 acres of land which is located NW of 2010 West Ridgeway ORDINANCE: 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 used for drainage and water detention but an explanation is needed of what Tract B is for. STAFF ANALYSIS — The following information is included in the final plat: Legal SUBDIVISION Description, Date, Adjoining Subdivisions, Easements, and the Lot ORDINANCE: Sequence is proper. There is no building lines, Deed of Dedication, and Engineer's Certificate. The Planning, Programming and Zoning Commission can make their recommendation without these items but cannot be forwarded to City Council for approval until they are submitted. STAFF Therefore, staff recommends that the Final Plat for Brock Third RECOMMENDATION: 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 NW of 2010 Ridgeway Ave— Final Plat PcQLF281 of 303 October 2,2018 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 Ave— Final Plat PcQW 2 43 of 303 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 205 of 303 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.. 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'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 206 of 303 v - - . woo 00 f■� � U r t� Q o o CN C) (D _ 3 Mn rn �■�■■ O LL m�g d- in L� o �, o LM 0. jma NLd LZ �{ Q� aM _ O r, N � V) C 0 LO ED d � 00 cc Li Q FW in in c m o � ¢ � © �- Q w3 _d � N� ,Jww I� ,n Nc N Lil Z O 11) N 14' .cl co N 0 cG W C13 d d- d- d �h d �l �} LV > N N N f r 0 k) NNf41 1+7 1+) In N � � f71 (7) *^ Q m Q 03 co co Q 00 Q r N f co W Zc/3wzzzzoo N DO U J Ln 1J o oa — o 0 0 © � r": n c°.� Q z Q Z o Q in 1� Q Q Q � , 1) fr) � C� ,�-� e-- Eo - Ld LO 10 1. 0 ft) N CV Z r r W L 3 (D N tN ( r FN N 0 Q Q N 1.1,1 z o N 04 Z r CV nLli Of W) co r- CO Q r _ r .i U Q Page 1 of 2 WAYNE CLAASSEN ENGINEERING AND SURVEYING,INC. PHONE: (VOICE)319-235-6294 P.O.BOX 898 WATERLOO,IOWA 50704-0898 (FAX)319-235-0028 CERTIFICATE OF SURVEY I, David L. Scheil, Licensed Land Surveyor, do hereby certify that I have made a survey of what is to be known as BROCK SECOND ADDITION, Waterloo, Black Hawk County, Iowa, which is located on and embraces the following described premises, to-wit: DESCRIPTION That part of the Southeast Quarter(SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West(R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northwest corner of the Southeast Quarter(SE 1/4) of aforesaid Southeast Quarter (SE 1/4); thence N54°25'37"E One Thousand Five Hundred Ninety-five and Thirty-nine Hundredths (1595.39) feet along the Northerly line of Parcel described in Document No. 2009-24074 in the Black Hawk County Recorder's Office to a point that is Four Hundred Twenty(420) feet South of the East Quarter Corner of aforesaid Section Thirty-two (32); thence SOI°34'26"E Forty-eight and Twenty- seven Hundredths (48.27) feet along said East line to the West right-of-way line of Martin Road as per Preliminary Plat of Martin Road Plaza by Schenk Engineering dated September, 1980; thence Southerly One Hundred Five and Twenty-eight Hundredths (105.28) feet along said West right-of-way line and along the arc of a curve concave Easterly having a radius of Two Hundred Seventeen and Twenty-four Hundredths (217.24) feet with a long chord of One Hundred Four and Twenty-five Hundredths (104.25) which bears S1298'04"W to the North line of Martin Road as per Land Deed 569, Page 604 in aforesaid Recorder's Office; thence S88°25'34"W Fifteen(15.00) feet along said North line to the Northwest corner of said Martin Road; thence SOI°34'26"E Seven Hundred Eleven and Thirteen Hundredths (711.13) feet along the West right-of-way of said Martin Road to the North line of the South One Thousand Three Hundred Eighty and Five Tenths (1380.5) feet of aforesaid Southeast Quarter(SE 1/4) of Section Thirty-two (32) as per aforesaid Parcel description; thence S89°10'37"W One Hundred Sixty and One Hundredth(160.01) feet along said North line to the West line of the East Two Hundred (200) feet of said Southeast Quarter(SE 1/4) of Section Thirty-two (32) as per aforesaid Parcel description; thence SOI°34'26"E Two Hundred and One Hundredth(200.01) feet along said West line to the South line of the North Two Hundred (200) feet of the South One Thousand Three Hundred Eighty and Five Tenths (1380.5) feet of said Southeast Quarter(SE 1/4) of Section Thirty-two (32) as per aforesaid Parcel description; thence N89°10'37"E One Hundred Sixty and One Hundredth(160.01) feet along said South line to aforesaid West right-of-wav of said Martin Page 2 of 2 thence NO 1'3 5'03"W One Thousand Two Hundred Sixty-seven and Thirty Hundredths (1267.30) feet along said West line to the point of beginning containing 38.55 acres. I further certify that the accompanying plat is a true representation of such survey and is made in accordance with my field notes thereof; that the location of streets, avenues and lots and their representative names, numbers, widths, courses and dimensions are to be as shown on the accompanying plat; that said survey and plat contain and show any excesses and/or deficiencies from former surveys, and that iron stakes are set at all lot comers by one year from this date. WITNESS my hand and seal at Waterloo, Iowa, this day of "H�' 2018. Q C' DaVid-L."Scheil rare 8. L.S. No. 16775 U 'ENSED State of Iowa 167 7 5.5 My license renewal date is December 31, 2018 '0 IOWA All Pages of sheets covered by this Seal 2 CITY OF VVI ATERLOG ., HOWIA ENGONEERING DEPARTMENT 715 Mulberry St. Waterloo, 1A 50703 o Phone (319)291-4312 Fax(3,19)291-4262 Cily Fn3incer a email: city.eiigiiieer@vriitLrloo-itl,oi-g October 23, 2018 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT BROCK THIRD ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, nis en Assistant City Engineer WERE WORKING PUR YOU An UjUal Opportunity/Affirmarive Action Employer Page 2101 of 303 Preliminary and Final Plat Brock Third Addition a. x � , cr r r { 1- Looking north from West Ridgeway Avenue Looking west from Martin Road I III 1011 II II IIII III II III II i i i Looking northwest from the new Kwik Star Looking west from Martin Road. Fuel Blending statioin. Page 211 of 303 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name (please print) -l ` a Address: City: �,Jt) State: I Zip: - ) t b. Status of Applicant: (a) Owner (b) Other(CHECK ONE): If other explain: c. Property Owner's Name if different than above(please print): t Address: Phone: City: State: Zip: 2. PROPERTY INFORMATION: a. Name of Plat: 62OLV,.. -"'5-q0_/_) "' -qrr b. General Location of Property: f° : CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo to dedicate 10,575 square feet(0.242 acres) of city owned property as right-of-way that currently serves as West 4th Street, located adjacent to 200 West 4th Street(Five Sullivan Brothers Convention Center). City Council Meeting: 11/5/2018 Prepared: 10/24/2018 REVIEWERS: Department Reviewer Action Date Ppwina n ;& Zona ing i elirroederr, brie Approved 10/24/201 B .... 2 04 PM (."clerk Office ice Eveni, l:.e mea) Approved 10/26/2018 ... 2-.04 PM ATTACHMENTS: Description Type .ttaacfini. rets ... i::: e(.fica to ROW Parcel M (.,over. Me nio Resolution approving a request by the City of Waterloo to dedicate 10,575 SUBJECT: square feet(0.242 acres) of city owned propea as right-of-way that currently serves as West 4th Street, located adjacent to 200 West 4th Street (Five Sullivan Brothers Convention Center Submitted by: Submitted By:Noel Anderson, Community Planning and Developoment Director Recommended Action: Approval The City of Waterloo acquired the property in August of 1973 to relocated West 4th Street in conjunction with the construction of the convention center. Since that time, the area has not been officially dedicated as city right-of-way, however, not being dedicated as such has no impact on the current street that has been there for nearly 45 years. Dedicating this parcel Summary Statement: as right-of-way will help in simplifying city maps and make a clear distinction between right-of-way and city owned property that is not right-of-way. The City utilized our on-staff professional land surveyor to conduct the survey of the area in question. Therefore, it is requested that the City Council adopt a resolution to dedicate the Parcel"M" as shown on the attached plat of survey as right-of-way. Expenditure Required: None Source of Funds: N/A Policy Issue: Right-of-Way Alternative: N/A Page 213 of 303 Background Information: The City has owned this property since August of 1973 to relocate West 4th Street in conjunction with the construction of the convention center in 1975. Legal Descriptions: See attached plat of survey. Page 214 of 303 Index Legend PIIIPIIIPPPIIIPPPIIPPPIIPPIIIPPPIIIPPIIPPPIIPIIPIlIIPIlIIIIPPIIIIIIIIIIIPIIlIIId Location Portions of Elwell's Plat and Lot 10, Block 7, DOC ID: 009400980002 Type: GEN Description: Original Plat of Waterloo West of the Cedar River Recorded:$12.10/0009/Page 2018 at of 04213:51 PM Amt: I City of Waterloo, Iowa Black Hawk County Iowa SANDIE L. SMITH RECORDER Requestor: Aric Schroeder, City of Waterloo File2019-00005884 Proprietor: City of Waterloo Surveyor: William W. Castle Surveyor City of Waterloo Engineering Department Company: 715 Mulberry Street,Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, JA 50703 291-4312 Plat of Survey Parcel "M" of the NE 1/4, Sec. 26, T89N, RIM City of Waterloo, Black Hawk County, Iowa Parcel "IM" Description: Part of Block 7, Original Plat of Waterloo West of the Cedar River, and part of Elwell's Plat, a subdivision of Lots I and 2 of Block 7, Original Plat of Waterloo West of the Cedar River, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the southeasterly corner of said Block 7; thence North 48055'23"West 4.03 feet along the southwesterly of Block 7 to the southeasterly most corner of Parcel K of the Northeast Quarter of Section 26, said corner also being the intersection of the northeasterly right-of-way line of Jefferson Street and the northwesterly right-of-way line of West 4th Street as presently established; thence northeasterly along the northwesterly right-of-way line of West 4th Street on a 760.00 foot radius curve concave northwesterly having a long-chord of 119.59 feet bearing North 30041'58" East(said curve recorded in document number 2018 3229 as a 760.00 foot radius with a long chord of 119.61 feet bearing North 30040'33" East); thence North 26'09'36" East 91.32 feet along the northwesterly right-of-way line of West 4th Street (recorded in document number 2018 3229 as North 26009'45" East 91.32 feet); thence northeasterly along the northwesterly right-of-way of West 4th Street on a 956.73 foot radius curve concave southeasterly and having a long chord of 98.84 feet bearing North 26'09'36" East(recorded in document number 2018 3229 as a 956.73 foot radius curve with a long chord of 98.84 feet bearing North 28'47'22" East) to the northeasterly corner of said Parcel K, said corner also being the intersection of Commercial Street and the southwesterly right-of-way line West 4th Street as presently established; thence South 49003'06" East 69.36 feet along the northeasterly line of Elwell's Plat to the northeasterly corner of Elwell's Plat; thence South 40'55'38" West 302.47 feet along the southeasterly lines of Elwell's Plat and Block 7, Original Plat of Waterloo West of the Cedar River, to the point of beginning and containing 10,575 square feet. The northeasterly line of Parcel K of the NE 1/4 of Section 26, Township 89 North, Range 13 West of the 5th Principle Meridian, also being the southwesterly right-of-way line of Commercial Street, is assumed to bear South 49'03'06" East for the purpose of this description. Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel letter"M" assigned by the Black Hawk County Auditor's Office on September 28, 2018. Plat of Survey Parcel "M" of the NE 1/4, Sec. 26, T89N, R I M City of Waterloo, Black Hawk County, Iowa Unable to set monument. Corner falls at front edge of cast iron Commercial Street detectable warning surface. q 80'ROW m 240.52'S 49°02'55"E (S 49°03`06" ) (N 48°13'6"W) (240.61'S 49°03'06"E) (69.36' &% 68.17' 60, 60' 60' 60' ' L . 8u, NWly cwner 27IM � Lot S, Block 8 d ;a b sti C2L ' a O co 141.29a W Parcel "K" - L l Doc. #, 2018-3229 -- ----" Fd.1,2rebar wldamaged cap ME in sidewalk Ll Z Z N + f`••�+ 7 C3' .' - y fd .�..L'.,.� .t� 1' i.✓' t.�i �[' r q nj `r f!nf � - e A�V �fFvF�i `l✓-sY ��..-+a �3� ll� 1 co co o z 80'(80.00'} POB N 49°11'01"W) Fd.cut"X" ; Placed in sidewalk in sidewalk 85.42' (85.46') (typical) N 49°11'01"W) 6C' 60' 306.59'N 49°54'56"W Fd.cut"X" v -- (306.60'N 48°55'23"W) in sidewalk 4.03' N 49°54'56" W Jefferson Street-90'ROW (4.03' N 48°55'23"W) 80.0'N 41°05'42"E (79.96'N 41°03'12"E) Fd.cut"X" in sidewalk J. Curve 1 Line Table: C1 Radius:760.00' (760.00') Long Chord(LC):119.61' (119.59') Length: 119.73' (119.72') LC Bearing:N 30°40'33"E (N 30°41'58"E) Delta:(9°01'32") C2 Radius:956.73'(956.73') Long Chord(LC):98.84' (98.84') Length:98.89' (98.891) LC Bearing:N 28147122"E (N 28°46'11"E) Delta:(5°55'19") L1 91.32'(91.32') 1 N 26°09'45"E (N 26°09'36"E) I IiIC� �I� / ✓ Via; r , Iq�IIIII,Y , ..... is I r � / r, r i U Note: Base map data source's Neck Hawk C° ry =deemed°e=n°,.ep.e=en,aaa�eY n° C�t,� of Waterloo, Iowa N df°ldb, c Yfhd d�' d� e odd'expre C.nnN AH dby U,b, kH kC ry hen ) n Tack Ha wk C°unry As h-1— Th, pl yThe Cty a WateI°omk y, p N/ E ,th,d set dIhd,d accu y fih f Wb h n bds,th,aitl expre-1-1--n-1 1-1damslabn-1ty iM1e racy tliereof llsers slieuld refer t°o d at Feet S Hats ry C.- and rewNctl seeds.etc loofetl atu�e Nack Hawk CounAssessors INf'ica for complete a°da°°u�elnfomatl°n. Page 217 of 303 CITY OF WATERLOO Council Communication Motion approving final quantity adjustment for a net increase of$11,422.50 for the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 11/5/2018 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date 1^c)&ee6ng pCrnaIISOr1, Iaanire Approved G0/31/2018 .... 9.09 AM (Ierk Office p vemi, 1-eA r:) Approved 10/31/2018 ... 9.4� AM ATTACHMENTS: Description Type Ceara 938 Hriap Qty,Ar1111.sttlrnerrtt CoverMenlo Motion approving final quantity adjustment for a net increase of$11.422.50 SUBJECT: for the FY 2018 Levee Tree Clearing Cedar River; Contract No. 938; and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the Summary Statement: project, which results in an increase to the total project cost. Source of Funds: GO Bonds Page 218 of 303 CITY OF WA"I'EI(LQOIOWA i FINAL QUANTITY ADJUSTMENT PROCI:C"I": ,Y 20: 8 levee'free Clearing Cedar River C:ONTRAC71\10. 938 Date I'a°c Iaaz eclJt n'.:].1.2018 AMOUNT: $ 11,4Z2.50 Increase TO: Vieth Construction C2rRoratio11 _ _ _ , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated November 20, 201 . A. Description of change to be made or extra work to be clone: Adjust original constRiction quantities to actual construction quantities. 13. Reason Ior ordering change or extra work: As-built quantities varied for some laid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary, Total Net Increase $ 11,422.50 CITY OF WATERLOO BY: �_._m... ___._ __ ___. _ VIETH H{ t ONSTRMCT"I INI 0RPQ A►110 _......_.._. J Mayor Date CONTRACTOR bate ATTEST: PRINTED DAME: City Clerk Date a 5 I APPROVED. �. � '� �� � Interim City Engineer � Date 1 Page 219 of 303 M C) n �K- m > > > > r m > rtl m rr rm L4 U� EnC/) n n C� Mz cc� Q.,: 0 > 4t. -4t- ttt-. It LA Fri 14: > cla t-j: in im 1"-j iv CN In 'c, 00 t4 t.A -A Lh Ni tjE!,_h C> tA C> 00 m �O 00 c�C> C> c, c>, LA LA CD (Zp 0 O Cl cc �.ft LA 00 QC> 0 bib b �A�- b C� C:, C:� 'D c, C, OIW �4 I i IZ EA bn 4") N) E w 01.0 tj O C5 25 Page 220 of 303 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction, Corporation of Cedar Falls, Iowa, at a total cost of$145,775.50, in conjunction with the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, and receive and file two (2) year maintenance bond. City Council Meeting: 11/5/2018 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date p:^angpnnee i ng Kraatbsoni, Jaannfie Approved p 0/31/2018 9:09 AM t.`Iled< Off-we Eveni, 1-eA.tni Approved 10/31/2018 ... 19-.53 AM ATTACHMENTS: Description Type Mairitentaatnce Bond Cover Mc.mo Resolution approving Completion of Pro.ject and Recommendation of Acceptance of Work for work performed by Vieth Construction, SUBJECT: Corporation of Cedar Falls, Iowa, at a total cost of$145,775.50, in conjunction with the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, and receive and file two ( 1 year maintenance bond. Submitted by: Submitted By: Jamie Knutson; PE, Interim City Engineer Vieth Construction Corporation has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: GO Bonds Page 221 of 303 Item Coversheet Page l of 1 1-7 CITY OF WATERLOO It Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by'Vieth Costruction Cor �ation, of Cedar Fails,Iowa,at a total cost of$145,775„50 in conjunction with the FY 2018 Levee Tree Clearing Cedar River,Contract No.934,< d receive and file two(2)year maintenance bond, f City Council Meeting: 11/5/2014 Prepared: 10/29/2014 Resolution approving Comnletion of Project and Recommendation of Acceptance of Work for work SUBJECT. performed by Vieth Costruction Corporation,of Cedar Falls,Iowa,at a total cost ofJ145 775.50 in conjunction with the FY 2014 Levee.Tree Clearing Cedar River,Contract No.934,and receive and file rivoA2)-y-qar ma,i.ntenance bond. Submitted by: Submitted By:Jamie Knutson,PE,Interim Cik��l?rr�ineer t Vieth Construction Corporation has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two(2)years from the date of the acceptance of the work under said contract. Source of Funds: GO Bonds i ii ii fl i 1 P Cle 222 of 303 https;//waterloo.novusagenda,eom/AgendaWeb/CoverSheet.aspx?ItemID-13088 1(/10/2018 MAINTENANCE BOND Bond No, 2265311 KNOW ALL MEN 13Y THESE PRI3SHISIT& That, Vieth Construction Corporation of Cedar Falls, Iowa as Principal,and the North American SpeciaRy Ing—urance Company .13 Surety, are held and firmly bound unto City of Waterloo,Iowa in the penal Surn of One Hundred Forty-five Thousand Seven Hundred Seventy-five— $145,775.50 And 50/100 J)ollays,lawful money of the United SlAteg of America,for the pAyment of which,well,and truly to be made, the Principal itkid Surety bind themselves,their and each of their heirs,executors,administrators,successor's and assigns,jointly And severally,firmly by these presents, Whereas,the said Principal entered into a certain contract.with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of FY 2018 Levee Tree Clearing Cedar River-Contract No.938 in the City of Waterloo, Iowa in Waterloo, Iowa In conformity with certain specifications;and Whereas,a further condition of said contract is that the said Principal should furnish a bond in indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two(2) years from the date of acceptance of the Work under said contmot;and Whereas,the said North American Specialty Insurance Company for 2 valuable consideration, has agreed tojoin with said Principal in such bond or guarantee,indemnifying said City of Waterloo, Iowa Now, therefore,the condition of this obligation is such,that if the said Principal shall,at his own cost and expanse,mme4v any and all defects that may develop in said work within the period of two(2) years from the date of acceptance of the work under said contract,by reason of bad workmanship or poor material used in the construction of said woyk,and shall keep all work in continuous good repair during said period,and shall in all other respects,comply with all the terms and conditions of.said contract with respect to maintenance and repair of said work,then this obligation to be null and void; otherwise to ba and remain in full force and virtue in law. In Witness whereof, we have hereunto set out, hands and seats this 29th day of October 12018 Vieth Construction Corporation Principal By: ji, 0 North American Specialty!Psyrance Company surtty My Do�n- Dione R.Young orrve�Pn+act 4-y Page 223 of 303 all IF Is MENEM SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORTINSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duty organized and existing tinder laws of the State of New Hampshire,and having its principal office in the City of Overland Park,Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park,Kansas,and Westport Insurance Corporation,organized tinder the laws of the State of'Missouri,and having its principal office in the City of Overland Park,Kansas each does hereby make,constitute and appoint: JAY D.FREIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIMERLY,SHIRLEY S.BARTENHAGEN,CINDY BENNETT,ANNE CROWNER, TIM Mc(,'UI,LOFI,,STACY VENN,DIONE R.YOUNG,and WENDY ANN CASEY JOINTLY OR SEVERALLY Its true and lawfid Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duty called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee(late(]July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute oil behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing Such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." 44, ............ B y 0 �JvONAt 0 Ci Z:p ..F teve �ton International f AT, 11 P.Anderson,Senior V assurance Carl SEAL s, 1. -)I &Senior Vice President ofNarth American Specialty Insurance Company 0 C SEAL M &Senior Vice President of Westport Insurance corporation tjy s 1073 V *6.4o . ....... By —�k� -- Mike A.Ito,Senior Vice President of Washington International Insurance Company yk &Senior Vice President of North American Specialty Insurance Company nNrl &Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seats to be hereunto affixed,and these presents to be signed by their authorized officers this this— 3rd day of November 20 17 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 3rd day of November 20 17,before me,a Notary Public personally appeared Steven P.Anderson Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice ]"resident of Westport Insurance Corporation, personally known to me, who being by me duty sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL Al ! M'jiK MENNY c 5"� Nola, put, I'!of Illinois My Commission Expims I17!0417021I M.Kenny,Notary Public 1, Jeffrey Goldberg the duty elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WI JEREOF,I have set my hand and affixed the seals of the Companies this 29th (lay of October 2018, Pao- 224 of 303 Jefficy Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company& North American Specialty Insurance Company&Vice President&Assistant Secretary of Westport Insurance Corporation CITY OF WATERLOO Council Communication Resolution approving an amendment to the Real Estate Purchase Agreement between John E. and Dessie M. Rottinghaus, to extend the purchase timeline to occur on or before May 31, 2019, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 11/5/2018 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zona img nndersoi, I"wroe11 Approved 10/30/2018 ... 618 PM 1."der Office Eveni, 1-e nn:: Approved 10/31/2018 ... 1O-p3 .M ATTACHMENTS: Description Type D A.i-rierndnii.ent to P rcpna s �..?).-eeniiernt Baad<iiip Materr-W Resolution approving an amendment to the Real Estate Purchase Agreement SUBJECT: between John E. and Dessie M. Rottinghaus, to extend the purchase timeline to occur on or before May 31, 2019, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve the resolution. The City Council approved the acquisition of 19.08 acres for property Summary Statement: generally located near Elk Run Road, north of Tannery Drive, in the amount of$285,000 on May 10, 2018. The seller has requested that the timeline for the purchase be extended to occur on or before May 31, 2019. Expenditure Required: $285,000 plus up to $2,000 in closing costs Source of Funds: Northeast TIF funds Policy Issue: Economic Development Alternative: Not grant extension The land near the parcel is currently seeing active development by Tyson, the Tannery, and the new Heinhold Hogs. The City actively markets this area Background Information: for heavy water and sewer users, rail users, etc. The Northwest quarter of the Southwest Quarter in section 15 township 89 Legal Descriptions: range 12 except the west 60 feet for highway described in book 499 page 202 Page 225 of 303 also except the north half thereof Page 226 of 303 I AMENDMENT TO PURCHASE AGREEMENT This Amendment to Purchase Agreement (the "Amendment") is entered into as of �., (µ, , 2018, by and between. City of Waterloo, Iowa ("Buyer") and John and Dessie Rottinghaus ("Seller"). WHEREAS, Buyer and Seller are parties to a certain Real Estate Purchase Agreement (the "Agreement") pertaining to Seller's interest in parcel no. 8912-15-301-003 located in Waterloo, Iowa; and WHEREAS, the parties desire to extend certain deadlines set forth in the Agreement. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties hereby agree as follow: 1. The Agreement is amended to provide that closing shall occur on or before May 31, 2019 at a date and time mutually agreeable to the parties. �GG 1J 2. Except as amended herein, the Agreement shall continue unmodified in full force and I effect. This Amendment is binding on the parties and their respective personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Purchase Agreement by their duly authorized representatives as of the date first set forth above. BUYER SELLER City of Waterloo Iowa w Noel Anderson Jo n E. Rottinghaus Comm. Planning& Development Director ," Dessie Rottin hau g .� r Approved by city council , 2018 By: Mayor Attest: City Cleric Page 227 of 303 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $8,500, in conjunction with the Sunnyside Drainage Improvements, and authorize the Mayor to execute said document. City Council Meeting: 11/5/2018 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date 1^aa&a;a;6ng 1Caaautsorrm, Jrraram'ne Approved 10/31/201 ... 9°07 AM t. er1; Office Everrm, t:.e mmaa Approved 10/31/2018 .... 9-.54 AM ATTACHMENTS: Description Type PSA Su i mnyw ide- Drainaap,e. pmnparoverrrrierrarrtQa Me nio Resolution approving a Professional Services Agreement withAECOM, of SUBJECT: Waterloo; Iowa; in an amount not to exceed $8,500; in conjunction with the Sunnyside Drainage Improvements, and authorize the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Summary Statement: See the attached agreement for Scope of Services. Ansborough/San Martian Expenditure Required: not to exceed $8,500.00 Source of Funds: GO Bonds Page 228 of 303 JuCOm AECOM 319-232- 1 tel 541 Sycamore Street 319-232-0270271 fax Suite 222 Waterloo,Iowa 50703 www.aeccm.com SUNNYSIDE DRAINAGE IMPROVEMENTS HYDROLOGIC MODELING CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as"ATS"and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as"CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES ATS shall perform professional Services (the"Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT, Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions,ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and m, breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require d from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. I l i' i Page 229 of 303 q AECOM Page 2 i (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance, III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non-owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's Page 230 of 303 's �com Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non- renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not-to-exceed fee of Eight Thousand Five Hundred Dollars ($8,500.00), ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect, VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party-to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non-monetary default, commenced reasonable actions to cure such failure. In either case,ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or Page 231 of 303 8 �COM Page 4 i. r work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or j entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees,or agents of CLIENT. Xh PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the Page 232 of 303 a r �L= COM Page 5 r disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to !' generation, storage, handling, treatment, transportation, or disposal of pre-existing I' contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY 2 CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In Page 233 of 303 ' Page �L=Com the event of any conflict between this contract document and any of the exhibits heneto, the terms and provisions of this contract document shall uordno|. In the event of any conflict among the exhibits,the exhibit of the latest date shall control. (b) This Agreement shall begoverned bythe laws ofthe State ofIowa. (c) ATS may subcontract any portion of the Services to o subcontractor approved by CLIENT. |nnocase shall CL|ENT'aapproval ofany subcontract relieve ATS ofany of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damagea, ino|uding, but not limited to. |omo of use, |ono of profit or interruption of business, whether arising in contract, tort (including neg|igence), utatuto, or strict liability. (e) In the event CLIENT uses e purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in oronsuch forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries tothe Agreement. INWITNESS WHEREOF,the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OFWATERLOO APPROVED FOR AECOM By: By: Printed Name: Printed Name: Title: Mayor Title: Associate Vice President Date: October 24, 2018 , 7 �L=Com SUNNYSIDE DRAINAGE IMPROVEMENTS HYDROLOGIC MODELING CITY OF WATERLOO, IOWA EXHIBIT A A. PROJECT DESCRIPTION The City of Waterloo is requesting a drainage review of a portion of the Sunnyside watershed that flows through the existing golf course, specifically starting near the intersection of San Marnan Drive and Ansborough Avenue. During certain rainfall events, existing ponds in this area can overtop and cause localized shallow overland flooding concerns through the golf course and surrounding developments. This review will include updating the existing hydrologic model, as well as developing alternatives at the Ansborough Avenue golf course pond for drainage improvements reducing overland flow through the golf course. The existing USACE HEC-1 hydrologic model will be unarchived and compared to the ?' current existing conditions for the project area. This review will include a check of the drainage area delineations and current basin storage information using LIDAR contour information. GPS point shots of the existing pond/basin water surface elevations will be determined and used for the basin storage volume calculations. The model will also be !' updated to include current rainfall data estimates referenced in the SUDAS design manual. The updated model will become the corrected effectivelcurrent hydrologic model and used for reviewing drainage improvement alternatives. i. Drainage improvement alternatives will look at creating larger storage volumes at the I' current Ansborough Avenue pond location to improve drainage through the golf course and reduce impacts during moderate to heavy rainfall events. In addition, a review will be completed to determine the possibility of routing flow from the development in the southeast quadrant of the San Marnan and Ansborough intersection to the west to outlet into the existing box culvert crossing under San Marnan Drive. A summary letter report outlining the results of the hydrologic modeling information will be [. developed and provided to the City of Waterloo. I! B. SCOPE OF SERVICES The Scope of Services provided under this agreement will encompass and include work, services, materials, equipment, personnel and supplies necessary to update the base HEC-1 hydrologic model with the current topography and rainfall information, develop drainage improvement alternatives and create a summary letter report to be provided to the City of Waterloo. The Scope of Services is further defined as follows: Task 1 -Survey/Base Map Development • Develop Report Figure/Project Location Map • Develop HEC-1 drainage area delineations i Page 235 of 303 i 3 1 { i = it a.coM Task 2 - Hydrologic Modelinq • Review existing HEC-1 modeling information and compare with LIDAR contour mapping and GPS water surface elevation point shots • Update Existing Conditions Model to create corrected effective model based on topographical review and current rainfall data information • Develop drainage improvement alternatives at Ansborough Avenue golf course pond Task 3-Drainage Routing Review • A review will be completed to determine the possibility and cost to route flow from the development in the southeast quadrant of San Marnan Drive and Ansborough Avenue to the west to outlet into the existing box culvert crossing under San Marnan Drive. • A plan view drawing will be prepared showing the proposed conveyance route and size. Task 4-Summary Letter Report and Supporting information • Project summary write-up and HEC-1 model comparison table • Digital HEC-1 models , i Task 5-_P_roiect Administration i a Exclusions: 1 In is anticipated LIDAR contour mapping information will be used for storage volume calculations, and a detailed field topographic survey will not be completed as part of this Scope of Work. 0:1Administration\AGREEIPROFIWat Sunnyside Drainage Impr Hydrologic Modeling.doc 1 Page 236 of 303 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement and Minimum Assessment Agreement with GBG, LLC for the construction of a $1,504,820 medical office with a tax rebate amount of 85% for a term of three years and four additional years at 80%, and authorize Mayor and City Clerk to execute said document. City Council Meeting: 11/5/2018 Prepared: 10/30/2018 REVIEWERS: Department Reviewer Action Date 111 annnu ng& Zonpng A.nderson, I"wroe� Approved 10/30/2018 ... 625 PM (.1 erk Office Fellellfle, Kefl ,y Approved 10/31/2018 939 AM ATTACHMENTS: Description Type Survey of Prroprr:rty Ba cl<iaipb Matei[.0 I)evelopuni.errnt .�;r euu cnt Backup Materiall Resolution approving a Development Agreement and Minimum Assessment Agreement with GBG. LLC for the construction of a S1,504,820 medical SUBJECT: office with a tax rebate amount of 85% for a term of three years and four additional years at 80%, and authorize Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Commuity Planning and Development Director Recommended Action: Approval Dr Gorsche is looking to constructing a stand alone office near the corner of Logan Avenue and West Louise Street. The office will be approximately 10,000 SF in size and allow for additional doctors to enter into the practice. The Waterloo Community School District has voted to sell Dr Gorsche 2.5 acres of land for the project and the city would be reimbursing the doctor for the cost of the land through rebates. The rebate schedule proposed for the Summary Statement: project is years 1-3 at 85%, years 4-7 at 80%. This is another success story for the City of Waterloo in continued growth and development. The City will benefit from the project through the added tax base,potential new jobs, sales tax, employees, residents working at the site, as well as the benefits to help the tax levy through the payments to the debt service levy of approximately$10,285 annually. Expenditure Required: TIF Source of Funds: TIF Policy Issue: Strategic Planning Policy 1, 3 and 4 regarding Economic Development Page 237 of 303 Alternative: Not approve Background Information: Parcel G in plat of survey record in the Black Hawk County Recorders office on September 20, 2018 with a file number 2019-4719. Page 238 of 303 Page 1 of 2 _N III III III Il l 11111 11111 1111 111111111111111 II II II I III III N Doc ID: 009385510002 Type: GEN Recorded: 09/20/2018 at 12:06:30 PM Fee Amt: $12.00 Paste 1 of 2 INDEX LEGENDo Black Hawk County Iowa V SANDIE L. SMITH RECORDER General Description: Part of the NE 1/4, Section 14-T89N-R13W, Waterloo � 1 1 5u eyor: David L. Scheil (#16775) File^O���0000�� ♦ urveying Company: Wayne Claossen Engineering do Surveying, Inc. c 2705 University Avenue (P.O. Box 898) O Waterloo, Iowa 50704 U (319)235-6294 O Survey Requested By: Woterioo Community School District Lu Proprietor: Waterloo Community School District PLAT OF SURVEY SHEET 1 OF 2 PARCEL "G" LEGAL DESCRIPTION PARCEL "G" That part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section Fourteen (14), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast comer of Lot One Hundred Twelve (112), Allen Heights Addition; thence SOQ'01'40"E Fifty (50.00) feet along a line Thirty-three (33.00) feet west of and parallel to the East line of aforesaid Northeast Quarter (NE 1/4) to the South right-of-way of West Louise Street; thence S89'17'53W Ten and Thirty-eight Hundredths (10.38) feet along said South right-of-way line to the Northeast corner of Acquisition Plat, Document No. 2011-04983 in the Black Hawk County Recorder's Office; thence continue S89'17'53"W Sixty-nine and Eighty-four Hundredths (69.84) feet along the North line of said Acquisition Plat to the Northwest corner of said Acquisition Plat and to the point of beginning; thence S37'34'31"E Twenty-eight and Eighty-one Hundredths (28.81) feet along the West line of said Acquisition Plat; thence S00'10'32"E Twenty-two (22.00) feet still along said Acquisition Plat to the most Northerly comer of Acquisition Plat, Document No. 2012-15951 in aforesaid Recorder's Office; thence S14'11'20"W One Hundred Twenty-six and Ninety-seven Hundredths (126.97) feet along the West line of said Acquisition Plat; thence S00'10'32"E Three Hundred Fifteen and Ninety-six Hundredths (315.96) feet still along said West line; thence S88'58'05"W Two Hundred Twenty-three and Eighty-two Hundredths (223.82) feet; thence N00'33'40"W Four Hundred Eighty-four and Ninety-nine Hundredths (484.99) feet to aforesaid South right-of-way of West Louise Street; thence N8717'53"E Two Hundred Forty-one and Seven Hundredths (241.07) feet along said South right-of-way line to the point of beginning containing 2.58 Acres. 0 M m r= M Z O r .,.,, This Pint or Subdivis;nn has been reviewed by (City of Waterloo) Page 2 of 2 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319--235-0028 PLAT OF SURVEY PARCEL "G" SHEET 2 OF 2 „ Part of the NE 1/4, Section 14—T89N—R13W Waterloo, Black Hawk County, Iowa 0 100 Survey for: Waterloo Community School District Proprietor: Waterloo Community School District ow%# 1 INCH = 100 FEET in w n i NE CORNER !" SEC. 14—T89N—R13W g (FOUND 4 8- SPIKES) b ALLEN HEIGHTS ADD. DOCUMENT No. 2017-02370 33.00' LOT 134 LOT 111 LOT 112 O iq (SOW 17'53'W-1325.62') r. �7 N J _ —$ v— W. LOUISE STREETN 33' (33.00 S3 (N89'17' 'E-241.07') r NW CORNER, SE 1/4, NE 1/4, '3 m SEC. 14-T89N-R13W J (FOUND No. 5 REBAR, BENT) DOC. No. 2006-21039 �M v zrn0 ry �CrOU � Iz W CD ECU, ZDV Q1> LU7 N I PARCEL 'G' N M Q z z (2.58 ACRES) d Q Z Ui _ OO vi .. g " Ui in z b � L M _ N CURVE TABLE DIMENSIONS IN FEET .. $ Z CURVE LENGTH I RADIUS CHORD I CHORD B. S C11 3D.361 98.00 30.24 1' -w C21 34.701 112.00 I 34.56 1' 'W m as n I z T O LINE TABLE DIMENSIONS IN FEET `" LINE LENGTH BEARING N N L7 1' ° I x 50.00 S (SW 58'05'W-223.82') (S58'05'w-223.82') Z r L2 10. 7' 10.38 S89 6' L3 8'17'53 g 69.84 "W N o a L4 1 7 q o O 28.81 7 'W rE L5 .00 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50704 Phone(319)234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2018, by and between GBG, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct a building and related improvements on property legally described on Exhibit "A" attached hereto (the "Property") located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. Company has purchased or will purchase the Property, on which Company shall construct a commercial building of no less than 10,000 square feet and shall make related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other Page 241 of 303 applicable law. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not have done so. Company must obtain a building permit and begin construction no later than April 30, 2019 (the "Project Start Date") and substantially complete construction within twelve (12) months thereafter (the "Project Completion Date"). If development has commenced but is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the City may terminate this Agreement following Company's failure to diligently undertake construction within thirty (30) days following written notice of default from City. If at any time Company fails to diligently undertake construction and other activities necessary for completion of the Project, then City may terminate this Agreement following Company's failure to resume and diligently carry on construction within thirty (30) days following written notice of default from City. 3. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from public right of way to any location on the Property and for payment of any associated connection fees. 4. City Activities in Aid of Project. A. Rebates. City shall provide property tax rebates as set forth elsewhere in this Agreement. B. CURA Exemption. The Project is not eligible for tax exemptions under City's Consolidated Urban Renewal Area (CUBA) program, but future expansions of the Improvements made pursuant to this Agreement may be eligible. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of$1,504,820 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the City Property, the Improvements, or any part of either; 2 Page 242 of 303 (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "B" at the closing. 6. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth above, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Three 85% rebate each year Year Four through Year Seven 80% rebate each year for any taxable value over $50,260.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 3 Page 243 of 303 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, 4 Page 244 of 303 or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1633 Dakota Drive, Waterloo, Iowa 50701, Attention: Thomas S. Gorsche, with a copy to Richard R. Morris, 620 Lafayette Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 13. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 15. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion 5 Page 245 of 303 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 16. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 17. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 18. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 19. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 20. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 6 Page 246 of 303 CITY OF WATERLOO, IOWA GBG, LLC By: By: Quentin M. Hart, Mayor Thomas S. Gorsche, Manager Attest: By: Kelley Felchle, City Clerk Robert B. Bartelt, Manager By: Mark T. Gorsche, Manager PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Thomas S. Gorsche Robert B. Bartelt Mark T. Gorsche 7 Page 247 of 303 EXHIBIT "A" Legal Description of Property Parcel "G" according to Plat of Survey filed September 20, 2018 as Doc. No. 2019- 4719, being a part of the Southeast Quarter (SE '/4) of the Northeast Quarter (NE '/4) of Section Fourteen (14), Township Eighty-nine North (T89N), Range Thirteen West (R1 3W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa. Page 248 of 303 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2018, by and among the CITY OF WATERLOO, IOWA ("City"), GBG, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area, of the City; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $1,504,820 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before April 30, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 249 of 303 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GBG, LLC By: By: Quentin M. Hart, Mayor Thomas S. Gorsche, Manager By: By: Kelley Felchle, City Clerk Robert B. Bartelt, Manager By: Mark T. Gorsche, Manager STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of 2018, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City 2 Page 250 of 303 Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2018 by Thomas S. Gorsche, Robert B. Bartelt and Mark T. Gorsche as Managers of GBG, LLC. Notary Public 3 Page 251 of 303 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Million Five Hundred Four Thousand Eight Hundred Twenty Dollars ($1 ,504,820) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 252 of 303 CITY OF WATERLOO Council Communication Resolution approving Professional Services Agreement with Stanley Consultants, Inc. with a lump sum amount due of$37,500, in conjunction with the Upton Detention Basin Study, and authorize the Mayor to execute said document. City Council Meeting: 11/5/2018 Prepared: 10/30/2018 REVIEWERS: Department Reviewer Action Date 1^aa&cc6ng 1Cniasomi, Janie Approved 10/31/2018 9°07 AM (.1 erk Office Eveni, L-eAnaa Approved 10/31/2018 9-.55 AM ATTACHMENTS: Description Type PSA. t7pto n De-t >ration Basun *nidy Me nio Resolution approving Professional Services Agreement with Stanley SUBJECT: Consultants. Inc. with a lump sum amount due of 537.500. in conjunction with the Upton Detention Basin Studd and authorize the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Summary Statement: See the attached agreement for Scope of Services. Expenditure Required: 37,500.00 Source of Funds: GO Bonds Page 253 of 303 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of October 17, 2018, between CITY OF WATERLOO (CLIENT) and STANLEY CONSULTANTS, INC. (CONSULTANT). CLIENT intends to prepare the Upton Detention Basin Study (hereinafter called "project"). CLIENT and CONSULTANT agree: 1. Scope of Services. CONSULTANT shall perform professional services as stated in Exhibit 1. 2. Compensation. CLIENT shall compensate CONSULTANT for CONSULTANT's services as stated in Exhibit 2. 3. Terms and Conditions. CONSULTANT shall provide professional services in accordance with the terms and conditions stated in Exhibit 3. If client issues a purchase order or other document to initiate the commencement of services hereunder, it is agreed that any terms and conditions appearing thereon shall have no application and only the provisions of this Agreement shall automatically apply. 4. CLIENT has provided or shall provide for payment from one or more lawful sources of all sums to be paid to CONSULTANT. 5. Following exhibits are attached to and made part of this Agreement: Exhibit 1 - Scope of Services Exhibit 2- Compensation Exhibit 3- Standard Terms and Conditions IN WITNESS WHEREOF, the parties below have executed this Agreement as of the day and year first above written. STANLEY CONSULTANTS, INC. CITY OF WATERLOO By: By: Daniel R. Fullerton, P.E. Client Service n ger m Attest: Attest: Wendy Diekema Address for giving notices: Address for giving notices: 100 COURT AVENUE 715 MULBERRY STREET SUITE 300 WATERLOO, IA 50703 DES MOINES, IA 50309-2200 If CLIENT is a public body, attach evidence of authority to sign and resolution or other document authorizing execution of AGREEMENT. M:FY_2018_2019\35165_W aterlooU pton Detention Basin Study\PSA SC22721299 Page 254 of 303 .,��. Exhibit 1 Stanley Consultants INC. Compensation ENGINEERING SERVICES UPTON DETENTION BASIN STUDY WATERLOO, IOWA PROJECT BACKGROUND This Scope of Work is for Stanley Consultants, Inc to complete a drainage study near Upton Avenue and Christensen Road in Waterloo, Iowa. The area is primarily single-family housing with some commercial property along Greenhill Road and University Avenue. During intense rainfall building structures in the area have experienced flooding from overland flow. This study will review the existing storm sewer infrastructure, verify size of several storm sewer pipes, and develop conceptual alternatives to reduce the risk of flooding in this area. The area to be studied is an undeveloped portion of land at the west end of Upton Avenue that provides an opportunity for a detention alternative. BASIC SERVICES PHASE 1—STUDY 1. Visit the site to observe existing conditions that include: a. Topography and proximity of adjacent houses. b. Visible utilities like gas/communication markers, overhead electric, storm sewer intakes, and manholes. c. Signs of damage from flooding like erosion and deposition of debris. d. Vegetation that may indicate wetland concerns. e. Travel reported flood path to see damage and understand the flood impacts. 2. Collect and compile data for analysis. Data includes aerial, Lidar data, FEMA data, available survey data, property/parcel information, etc. 3. Drainage analysis a. Delineate drainage basin(s). b. Estimate rainfall for the 2, S, 10, 2S, S0, and 100-year events. c. Develop hydraulic model to represent existing conditions and determine maximum rainfall event that existing system can manage. d. Develop hydraulic model to represent three (3) alternatives. Alternatives developed to a conceptual level. Alternatives may include detention and storm sewer improvements. Determine maximum rainfall event that alternatives can manage. e. Review available undeveloped area within existing property boundaries, utilities, and required setbacks to verify space is adequate for detention alternative(s). f. Develop concept grading plan for detention alternative(s) to estimate limits of excavation and quantity of earthwork. 4. Perform quality assurance and quality control reviews of the analysis. M:FY_2018_2019\35165_W aterlooU ptonDetention Basin Stu dy\Exhi bit _ScopeofServices 1 Page 255 of 303 .,-a. Exhibit 1 Stanley Consultants INC. Compensation 5. Estimate quantities for each alternative and develop rough order of magnitude (ROM) cost. 6. Submit monthly progress report. 7. Develop draft drainage report with conceptual figures describing alternatives (1-2 GIS figures per alternative). Include ROM cost for each alternative. 8. Submit draft report to CLIENT for review. Draft report to be submitted in PDF format. 9. Address review comments and develop final drainage report. 10. Submit final report to CLIENT. Final report to be submitted in PDF format. Information to be provided by CLEINT: • Aerial mapping • Contours (+/- 2 inches) • DTM with breakline file • Storm sewer as-builts. • Available utility maps showing water, sanitary, storm sewer, electrical, fiber optic, gas, etc. • GIS data of storm sewer and property parcels. • Available photographs/information of past flooding in project area SCHEDULE CONSULTANT will submit a final report with a recommended plan for detention basin development on or before March 1, 2019. ADDITIONAL SERVICES Additional Services are not included in Basic Services and are at CLIENT'S option. These services, if exercised by CLIENT and agreed to by CONSULTANT, shall be paid for in addition to compensation for Basic Services. CONSULTANT is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by CLIENT. • Preparation of exhibits and presentation of findings to City Council • Topographic and Utility Surveys • Permitting • Engineering Design • Development of Construction Plans, Specifications and Engineers Estimate. M:FY_2018_2019\35165_W aterlooU ptonDetention Basin Stu dy\Exhi bit _ScopeofServices 2 Page 256 of 303 .,��. Exhibit 2 Stanley Consultants INC. Compensation ENGINEERING SERVICES UPTON DETENTION BASIN STUDY WATERLOO, IOWA BASIC SERVICES CONSULTANT shall be compensated for BASIC SERVICES included in Exhibit 1 —Scope of Services the LUMP SUM amount of Thirty-Seven Thousand Five Hundred Dollars ($37,500.00). ADDITIONAL SERVICES Compensation for ADDITIONAL SERVICES is NOT included in BASIC SERVICES. ADDITIONAL SERVICES shall be compensated on an HOURLY basis for LABOR PLUS REIMBURSABLE EXPENSES, in accordance with the prevailing "Hourly Fees and Charges Fiscal Year 2018-2019" (Form BC—C 18-19). K FY_2018_2019\35165_W aterlooU pton Detention B as in Stu dy\Exh i bit2_Com pensation 1 Page 257 of 303 Standard Terms and Conditions Exhibit 3 1. CLIENT'S RESPONSIBILITIES are CLIENT's responsibility as provided in this Agreement. 1.1 Name CLIENT's representative with authority to receive information and transmit instructions for 3.2 Cost Estimates. Since CONSULTANT has no CLIENT. control over cost of labor, materials, equipment or services furnished by others, over contractors' 1.2 Provide CLIENT's requirements for project, methods of determining prices, or over competitive including objectives and constraints, design and bidding or market conditions, its estimates of project construction standards, bonding and insurance construction cost will be made on the basis of its requirements,and contract forms. employees' experience and qualifications and will represent their best judgment as experienced and 1.3 Provide available information pertinent to project qualified professionals, familiar with the construction upon which CONSULTANT may rely. industry. CONSULTANT does not guarantee that proposals, bids,or actual construction cost will not vary 1.4 Arrange for access by CONSULTANT upon public from its estimates of project cost. and private property, as required. 4. GENERAL 1.5 Examine documents presented by CONSULTANT, obtain legal and other advice as CLIENT deems 4.1 Termination. appropriate, and render written decisions within reasonable time. 4.1.1 Either party may terminate their obligation to provide further services upon twenty(20)days'written 1.6 Obtain consents, approvals, licenses, and permits notice, after substantial default by other party through necessary for project. no fault of terminating party. 1.7 Advertise for and open bids when scheduled. 4.1.2 CLIENT may terminate CONSULTANT's obligation to provide further services upon twenty(20) 1.8 Provide services necessary for project but not days' written notice if project is abandoned. In such within scope of CONSULTANT's services. event, progress payments due to CONSULTANT for services rendered plus unpaid reimbursable to 1.9 Indemnify CONSULTANT, its employees, agents, expenses, shall constitute total compensation due. and consultants against claims arising out of CONSULTANT's design, if there has been a deviation 4.2 Reuse of Documents. from the design beyond the CONSULTANT's control or failure to follow CONSULTANT's recommendation and 4.2.1 All tangible items prepared by CONSULTANT such deviation or failure caused the claims. are instruments of service, and CONSULTANT retains all copyrights. CLIENT may retain copies for 1.10 Promptly notify CONSULTANT when CLIENT reference, but reuse on another project without learns of contractor error or any development that CONSULTANT's written consent is prohibited.CLIENT affects scope or timing of CONSULTANT's services. will indemnify CONSULTANT, its employees, agents, and consultants against claims resulting from such 1.11 Nothing in this agreement shall create a fiduciary prohibited reuse. Said items are not intended to be duty between the parties. suitable for completion of this project by others. 2. PERIOD OF SERVICE 4.2.2 Submittal or distribution of items in connection with project is not publication in derogation of 2.1 CONSULTANT is not responsible for delays due CONSULTANT's rights. to factors beyond its control. 4.2.3 Confidentiality. Each party acknowledges that 2.2 If CLIENT requests changes in project, in connection with this Agreement it may receive compensation for and time of performance of certain confidential or proprietary technical and CONSULTANT's services shall be adjusted business information and materials of the other party appropriately. ("Confidential Information"). Each party, its agents and employees shall hold and maintain in strict confidence 3. CONSTRUCTION COST AND COST ESTIMATES all Confidential Information, shall not disclose Confidential Information to any third party,and shall not 3.1 Construction Cost. Construction cost means use any Confidential Information except as may be total cost of entire project to CLIENT, except for necessary to perform its obligations under the CONSULTANT's compensation and expenses, cost of agreement except as may be required by a court or land, rights-of-way, legal and accounting services, governmental authority. CLIENT and CONSULTANT insurance, financing charges, and other costs which shall keep all information and communications related SC 38101A R6 1/18 Page 258 of 303 Standard Terms and Conditions Exhibit 3 to the project confidential in the same manner each 4.6 CONSULTANT's Accounting Records. Records party protects its own confidential information, to the of CONSULTANT's personnel time, reimbursable extent that it is marked "proprietary" or"confidential or expenses, and accounts between parties shall be kept with a similar label or which by the nature of the on a generally-recognized accounting basis. information generally would be regarded as proprietary or confidential. This clause shall not apply to 4.7 Separate Provisions. If any provisions of this information that is previously known by either party, Agreement shall be held to be invalid or unenforceable, lawfully becomes public knowledge,or is required to be remaining provisions shall be valid and binding. disclosed by law or a court order. 4.8 Waiver. No waiver shall constitute a waiver of any 4.3 Payment. subsequent breach. 4.3.1 CONSULTANT shall submit a monthly statement 4.9 Warranty. for services rendered and reimbursable expenses incurred. CLIENT shall make prompt monthly 4.9.1 CONSULTANT shall use reasonable care to payments. reflect requirements of all applicable laws, rules, or regulations of which CONSULTANT has knowledge or 4.3.2 If CLIENT fails to make payment within thirty(30) about which CLIENT specifically advises in writing, days after receipt of statement, interest at maximum which are in effect on date of Agreement. legal rate or at a rate of 18%, whichever is less, shall CONSULTANT INTENDS TO RENDER SERVICES IN accrue; and, in addition, CONSULTANT may, after ACCORDANCE WITH GENERALLY ACCEPTED giving seven (7)days'written notice, suspend services PROFESSIONAL STANDARDS, BUT NO OTHER until it has been paid in full all amounts due it. WARRANTY IS EXTENDED, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH SUCH SERVICES. 4.3.3 CLIENT has provided or shall provide for CLIENT's rights and remedies in this Agreement are payment from one or more lawful sources of all sums exclusive. to be paid to CONSULTANT. 4.9.2 CONSULTANT shall not be responsible for 4.3.4 CONSULTANT's compensation shall not be contractors'construction means, methods,techniques, reduced on account of any amounts withheld from sequences, or procedures, or for contractors' safety payments to contractors. precautions and programs, or for contractors'failure to perform according to contract documents. 4.3.5 If services performed by CONSULTANT are subject to state or local sales taxes, said taxes will be 4.9.3 The CONSULTANT believes that any computer reflected in the invoices and remitted according to state software provided under this Agreement is suitable for law. If CLIENT claims a status that would make the the intended purpose, however, it does not warrant the transaction exempt, then CLIENT shall provide suitability, merchantability, or fitness for a particular appropriate proof of exempt status to CONSULTANT. purpose of this software. 4.4 Controlling Law. Agreement shall be governed 4.9.4 Subject to the standard of care set forth in by Iowa law, excluding its choice of law rules. Paragraph 4.9.1, CONSULTANT and its Subconsultants may use or rely upon design elements, 4.5 Successors and Assigns. work, and information ordinarily or customarily furnished by others, including, but not limited to, 4.5.1 The parties bind themselves, their successors, CLIENT or his authorized representatives, public and legal representatives to the other party and to record, specialty contractors, manufacturers, successors and legal representatives of such other suppliers, and publishers of technical standards. party, in respect to all covenants and obligations of this Agreement. 4.9.5 If the Scope of Services include the review or recommendation of available technologies or 4.5.2 Neither party shall assign,sublet,or transfer any recommendations of specific technologies or vendors interest in this Agreement without written consent of or systems, the CONSULTANT will conduct an the other, provided CONSULTANT may employ such impartial review of such technologies, systems or independent consultants, associates, and vendors. The CONSULTNT is not responsible for the subcontractors as it may deem appropriate. selection of same by the Client or for the usability, or results of such technology, vendor or system. 4.5.3 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the 4.10 Period of Repose. Any applicable statute of parties. limitations or repose shall commence to run and any alleged cause of action shall be deemed to have SC 38101A R6 1/18 Page 259 of 303 Standard Terms and Conditions Exhibit 3 accrued not later than completion of services to be OR THE TOTAL COMPENSATION RECEIVED BY performed by CONSULTANT. CONSULTANT, WHICHEVER IS GREATER. THIS LIMITATION INCLUDES LIABILITY UNDER 4.11 Indemnification. To the fullest extent permitted SECTION 4.11. IN NO EVENT SHALL CONSULTANT by law, CONSULTANT shall indemnify and hold BE LIABLE TO CLIENT FOR ANY INDIRECT, harmless CLIENT, CLIENT's officers, directors, SPECIAL, INCIDENTAL, PUNITIVE, OR partners,employees, and agents from and against CONSEQUENTIAL DAMAGES OF ANY KIND any and all third party claims for bodily injury and for ARISING OUT OF OR RELATED TO THIS damage to tangible property to the extent caused by AGREEMENT. CONSULTANT SHALL NOT BE the negligent acts or omissions of CONSULTANT or LIABLE FOR ANY CONSENQUENTIAL OR CONSULTANT's officers, directors, partners, INDIRECT DAMAGES THAT ARISE OUT OF ITS employees, agents, and CONSULTANT's consultants PERFORMANCE ON THIS PROJECT. in the performance and furnishing of CONSULTANT's services under this Agreement. Any indemnification 4.13 Extent of Agreement. This Agreement shall be limited to the terms and amounts of coverage represents the entire agreement between the parties of the CONSULTANT's insurance policies and Section and may be amended only by written instrument signed 4.12, Limitation of Liability. by both parties. To the fullest extent permitted by law, CLIENT shall 4.14 INSURANCE. CONSULTANT shall purchase indemnify and hold harmless CONSULTANT, and maintain insurance for the coverages and for not CONSULTANT's officers, directors, partners, less than the limits of liability set forth below: employees, and agents and CONSULTANT's (a) Workers' Compensation: workers' compensation consultants from and against any and all third party insurance as required by the laws of the states or claims for bodily injury and for damage to tangible countries with jurisdiction of the services to be property to the extent caused by the negligent acts or performed, including employer's liability insurance, omissions of CLIENT or CLIENT's officers, directors, with a limit of$1,000,000 per accident. partners, employees, agents, and CLIENT's (b) Commercial General Liability: commercial general consultants with respect to this Agreement on the liability, including coverage for all premises, Project. In addition to the indemnity provided under operations, operations of independent contractors, this section, and to the fullest extent permitted by law, products and completed operations, and contractual CLIENT shall indemnify and hold harmless liability. Coverage shall have limits of not less than CONSULTANT and its officers, directors, partners, $1,000,000 for each occurrence and aggregate. employees, and agents and CONSULTANT's (c) Commercial Automobile Liability: commercial consultants from and against all claims, costs, losses, automobile liability covering the use of all owned, non- and damages (including but not limited to all fees and owned,and hired automobiles with minimum combined charges of engineers, architects, attorneys, and other single limits of$1,000,000. professionals and all court or arbitration or other (d) Professional Liability: professional liability dispute resolution costs) caused by, arising out of, or insurance for claims arising out of performance of relating to the presence,discharge, release, or escape professional services caused by any negligent error, of asbestos, PCBs, petroleum, hazardous waste, or omission, or act for which the insured is legally liable, radioactive material at, on, under, or from the Project with a minimum limit of$1,000,000, to be kept in force site. for two(2)years after completion of project. CONSULTANT shall provide certificates or other 4.12 Limitation of Liability. TO THE FULLEST evidence from insurance carriers of the required EXTENT PERMITTED BY LAW, AND insurance coverages,if requested by CLIENT in writing NOTWITHSTANDING ANY OTHER PROVISION OF within 30 days of start of performance. All insurance THIS AGREEMENT, THE TOTAL LIABILITY, IN THE except workers'compensation and professional liability AGGREGATE, OF THE CONSULTANT (INCLUDING shall designate CLIENT as additional insured. ITS OFFICERS, DIRECTORS, EMPLOYEES, (e) Cyber Liability: Data Breach and Privacy/Cyber AGENTS AND SUBCONSULTANTS), TO CLIENT Liability Insurance in a limit of not less than$1,000,000 AND ANYONE CLAIMING BY, THROUGH OR per occurrence. UNDER CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER 4.15 Subrogation Waiver. The parties waive all rights ARISING OUT OF, RESULTING FROM, OR IN ANY against each other, and against contractors, WAY RELATED TO THE PERFORMANCE OF consultants, agents, and employees of the other for SERVICES UNDER THIS AGREEMENT FROM ANY damages covered by any property insurance during CAUSES, INCLUDING BUT NOT LIMITED TO construction, and each shall require similar waivers NEGLIGENCE, PROFESSIONAL ERRORS OR from their contractors, consultants,and agents. OMISSIONS, OR WARRANTEES EXPRESSED OR IMPLIED, OF CONSULTANT OR CONSULTANT'S 4.16 Force Majeure. Parties will not be liable for CONSULTANTS, SHALL NOT EXCEED $300,000.00 delays in delivery or for failure to perform obligations, SC 38101A R6 1/18 Page 260 of 303 Standard Terms and Conditions Exhibit 3 other than payment, due to causes beyond their reasonable control, including, but not limited to, product allocations,material shortages,labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, terrorists acts, or war. CONSULTANT's time for delivery or performance will be automatically extended by the period of such delay or CONSULTANT may, at its option, cancel any services, in whole or in part, without liability by giving notice to CLIENT. 4.17 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. When applicable, the CONSULTANT and SUBCONSULTANT shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a), 60-741.5(a) and Appendix A of Subpart A of 29 CFR 471. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race,color, religion,sex,or national origin. Moreover, these regulations require that covered prime CONSULTANTS and SUBCONSULTANTS take affirmative action to employ and advance in employment individuals without regard to race,color,religion,sex,national origin, protected veteran status or disability. SC 38101A R6 1/18 Page 261 of 303 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa, at a total cost of$532,608.19, in conjunction with FY 2015 Geraldine Road -Phase 3, Contract No. 871.. City Council Meeting: 11/5/2018 Prepared: 10/31/2018 REVIEWERS: Department Reviewer Action Date 1^aa&cca•ng 1Cniasomi, Janie Approved 10/31/2018 0-36 AM (."da;rlati Office Eveni, L-eAna) Approved 10/31/2018 .... X2.06 P Resolution approving Completion of Project and Recommendation of SUBJECT: Acceptance of Work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa. at a total cost of$532,608.19, in conjunction with FY 2015 Geraldine Road- Phase 3. Contract No. 871. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommended Action: It is recommended that the project be accepted. I report that Benton's Sand and Gravel, Inc., of Cedar Falls, Iowa, has Summary Statement: completed the above referenced project in accordance with the plans and specifications. Source of Funds: Page 262 of 303 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 3 to the Development Agreement between Central Property Holdings, LLC, to reflect updated ownership in the project, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 11/5/2018 Prepared: 10/31/2018 REVIEWERS: Department Reviewer Action Date P lwi np ng& Zo nnnm nndcrson i, Noe� Approved 10/31/2018 0-; 8 AM t."clerk Office Eveni, 1-eAnnn Approved 10/31/2018 .... X2-00 PM ATTACHMENTS: Description Type A.i-riendnii.°rnt Nowp M<".ICio Resolution approving Amendment No. 3 to the Development Agreement SUBJECT: between Central Property Holdings. LLC, to reflect updated ownership in the project. and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve amendment As a part of the ongoing financial setup for the All-In Grocers project, and the use of Federal New Marklet Tax Credits, local incentives, etc. this Summary Statement: project has continued to change and evolve to keep it moving ahead. This amendment will release Dam Levi from personal guaranty signator, as ownership is back to Rodney Anderson. Levi will remain the architect to the project. Expenditure Required: NA Source of Funds: NA Policy Issue: Strategies 1, 2, and 3 dealing with Economic Development. Alternative: Not approve Background Information: See summary Legal Descriptions: NA Page 263 of 303 Preparer Information: Christopher S.Wendland, PO Box 596,Waterloo, Iowa 50704 (319)234.5701 Name Address city Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT NO, 3 TO DEVELOPMENT AGREEMENT This Amendment No. 3 to Development Agreement (the "Amendment") is entered into as of , 2018, by and between Central Property Holdings, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated August 7, 2017, as later amended on February 19, 2018 and September 24, 2018 (collectively, the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. The DA has been filed in the land records of Black Hawk County, Iowa, as Doc. No. 2018-7765 and as Doc. No, 2019-2747. B. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Daniel E. Levi is hereby released from the personal guaranty that he executed as part of the DA. Rodney A. Anderson shall remain obligated as personal guarantor. 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Page 264 of 303 Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CENTRAL PROPERTY HOLDINGS, LLC By: ey: Quentin Hart, Mayor Rodn A. And6rson Managing Member Attest: Kelley Felchle, City Clerk Page 265 of 303 CITY OF WATERLOO Council Communication Resolution advocating legislation to increase statewide investment in 107 Commercial Service and General Aviation Airports vertical infrastructure, allocating $16.5 million per year for 10-years, and authorize the Mayor and City Clerk to execute said document.Resolution supporting advocacy and future legislation to increase state funding for 107 Commercial Service and General Aviation Airports vertical infrastructure, by allocating $16.5 million per year for 10 years to Iowa airports, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 11/5/2018 Prepared: 10/31/2018 REVIEWERS: Department Reviewer Action Date A.nrport Kaspati, Ke4li Approved 10/31/:018 ... 1p-13 AM (`pefl< ()ffice Eveni, L-e nnc-e Approved 10/31/2018 .... 12-05 I'M ATTACHMENTS: Description Type D IPA !� ("Y 2018 2019 Stag 1 cguQ„pnfiv °��essa onu (::`ab`<:°r MnMnnba;r 1 n ion ificr.; Resolution supporting advocacy and future legislation to increase state SUBJECT: funding for 107 Commercial Service and General Aviation Airports vertical infrastructure, by allocating $16.5 million per year for 10 years to Iowa airports, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Keith Kaspari, Airport Director Approve of Staffs request to advocate for increased funding for vertical Recommended Action: infrastructure for Iowa's 107 Commercial Service and General Aviation Airports. This advocacy will, if successful, would be a significant assistance to improving the infrastructure at Waterloo Regional Airport, easing and/or reducing the department budget, and/or future City CIP requests -while overtime saving the City of Waterloo residents many hundreds of thousands of dollars. Summary Statement: Additionally, the State's own and most recent Aviation System Plan recommended that the State of Iowa invest$43,000,000 per year in Iowa's Airport System. Therefore, with our request of$16,500,000 per year, our annual request is approximately 38.37% of the above $43M total as recommended, so IPAA officials remain optimistic. If approved, whereby the City of Waterloo and Waterloo Regional Airport Expenditure Required: would be allocated approximately$430,000, would require a 5.0% local Page 266 of 303 match, or approximately $21,500. The above funds are estimated to be derived from Iowa's RIIF Fund (Rebuild Iowa's Infrastructure Fund). Source of Funds: If Statewide legislation is approved, the match funding at$21,500 would be derived via the CIP program for the City and Airport Dept. starting for the FY-2021 Bonding Year- and each year over a 5 and then 10-year term. This request, and if approved, parallels the Strategic Plan for the City of Waterloo, as follows: Policy Issue: Goal No: 1, and Strategy No: 1.2. Goal No: 2, and Strategy Nos: 3.1, 3.3, 3.4, 3.5 and 3.7. Goal No:4, and Strategy No:4.5. Members of IPAA's Executive Board, which ALO is a member of, are all compiling their own individual recommendations for vertical improvements. For Waterloo Regional Airport, Staff have identified the following below- listed projects be completed (Note: Below list is in no order of priority or annual allocation of funding). A. Continued interior and exterior renovation of our large box, corporate and community hangars; B. Construction of a 10-Unit aircraft storage hangar dedicated for Twin- Engine Aircraft; C. Construction of a large aircraft hangar for overnight storage of aircraft the class and size to house large Regional Jet Aircraft—Ex: ERJ-190 series (multi- year project); Alternative: D. Construction of a Canopy over the exit booth and parking lot pay equipment; E. Replace, as needed, terminal building HVAC equipment and the Energy Management System; F. Installation of roof-mounted solar panels to assist in lowering the airport department's electrical utility footprint and our monthly costs; G. Replace dated Passenger Terminal Access Control System and include a video monitoring system for airside,passenger terminal, landside and perimeter vehicle gate areas; and, H. Replace Main Aircraft Door on Hangar No: 4. L Other priority projects not listed above. For many years, Iowa's Public Airports Association has received $1,500,000 for vertical improvements at Iowa's 8 Commercial Service Airports - and Page 267 of 303 approximately $750,000 for Iowa's 99 General Aviation Airports. For the Commercial Service Airports, currently the funds are allocated via the RIIF funds with no match yet is allocated based on the annual Background Information: percentage of the airport's airline passenger enplanements. Therefore, Waterloo has received, approximately$102,000+/- to make vertical infrastructure improvements at Waterloo Regional Airport, whereby we have made a number of critical improvements to the Airport's base vertical infrastructure- and while we have made a number of improvements - ALO Airport Staff has a long way to go to get to where we need to be. Legal Descriptions: Not applicable for this request by Staff Page 268 of 303 JIM A MEMBERSHIP ORGANIZATION REPRESENTING THE INTEREST OF ALL %- PUBLIC USE AIRPORTS IN IOWA'-Pd.. Iowa PUb[ic:Airpoi 1s Asp>ociatimi IPAA State Legislative Priorities 2019 Airport Infrastructure Reinvestment for Iowa (AIR-Iowa) According to the State Aviation System Plan (2010-2030) Iowa's aviation system need is $816M or $43M per year. From commercial passengers, to commercial freight, and our corporate and general aviation communities, Iowa's system of airports needs significant investment if Iowa is to remain competitive in today's global marketplace. Iowa's current allocation for airport vertical infrastructure is $2.21VI dollars per year leaving an unfunded gap of $40.8M annually. The Iowa Public Airports Association respectfully request the Governor include in her budget a commitment to STRENGTHEN Iowa's airport system. By making a 10-year commitment of Rebuild Iowa Infrastructure Funds (RIIF) funds in the amount of $16.51VI per year, for a total of $165M toward airport vertical infrastructure. The total investment would be derived entirely from Iowa's RIIF program. Program Highlights 1. IPAA fully supports an aviation system investment approach; 2. All 99 counties would see an increase in infrastructure investment at their airports; 3. As proposed, Iowa's annual investment in general aviation airport vertical infrastructure would increase to $3.01VI; 4. As proposed, Iowa's annual investment in commercial service airport vertical infrastructure would increase to $13.51VI; and, 5. All funds dispersed would require a 5 percent local match by the Airport Owner. Program Details 1. Commercial Service Airports: A total of $13.5M allocated to Commercial Service Airports each year or $135M over a 10-year period. To be eligible, a facility would have to meet the federal definition of a Commercial Service Airport. Funds would be allocated as follows: • Each of the eight Commercial Service Airports would receive $300,000; and, • Remaining funds would be dispersed and/or allocated based upon the percentage of passenger enplanements, similar to the current FAA entitlement funding formula for grants issued under the Airport Improvement Program (AIP) 2. General Aviation Airports: A total of $3.01VI allocated to General Aviation Airports each year or $30M over a 10-year period. The funds would be allocated according to the current project priority rating system as administered by Iowa's Department of Transportation via the Office of Aviation. 1255 SW Prairie Trail Parkway. Ankeny. IA. 50023. 515-727-0667.www.iowaairports.org Page 269 of 303 CITY OF WATERLOO Council Communication Resolution approving a Right of Way Services Agreement with JCG Land Services, Inc. of Nevada, Iowa, in conjunction with DOT Project STP-A-8155(754)--86-07, for installing a left turn lane on Ansborough Avenue approach to Downing Avenue, and authorize Mayor to execute said document. City Council Meeting: 11/5/2018 Prepared: 10/31/2018 REVIEWERS: Department Reviewer Action Date ..t,r•iffic Operalnons Even, t:,eAni) Approved 10/31/2018 ... �2-03 PM ATTACHMENTS: Description Type it"(n Mcnue ROW Covet Menlo Resolution approving a Right of Way Services Agreement with JCG Land Services; Inc. of Nevada, Iowa, in conjunction with DOT Project STP-A- SUBJECT: 8155(754)--86-07,--86-07. for installing a left turn lane on Ansborough Avenue approach to Downing Avenue; and authorize Mayor to execute said document. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution This will cover all right of way required services in conformance with federal and state regulations including temporary construction easement and partial Summary Statement: takes, and involves record of property ownership and liens certificates, compensation valuation, acquisition process and agreements, closing process, etc. Expenditure Required: $9,760.00 Source of Funds: ICAAP Grant- 80% GO Bonds - 20% Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 270 of 303 ViOW0V'pvi0uur'�� 00�iaui Right of Way Services Agreement This Agreement made this day of ' 2018, by and between the City of Waterloo, Iowa, hereinafter referred to as the "CLIENT"; and JCG LAND SERVICES, INC., hereinafter referred to as "JCG". Unless otherwise terminated, this Agreement shall remain in effect until all work requested by the CLIENT on the Project has been completed. Project Description The proposed Scope of Services to be performed is based on a review of factual information provided by the CLIENT, and includes property acquisition plans, area calculations, an estimate of the total number of parcels ultimately affected, title research requirements, Just Compensation valuation assignment(s), the proposed temporary, permanent and fee simple rights sought to be acquired, and drafting of all necessary transfer documents (EXCEPT: Warranty Deeds for Fee Acquisitions; Acquisition Plats with Legal Descriptions; and Appraisal and Appraisal Review products). It has been estimated that the City of Waterloo intends to acquire property or property rights from two parcels for improvements to Ansborough Avenue. Governing Law • Automobile Liability ($1,000,000) The laws of the State of Iowa will govern • Worker's Compensation & this Agreement. Any litigation arising from Employer's Liability ($1,000,000) this Agreement shall be brought in the • Cyber Security ($1,000,000) courts of this State. Changes in Work and Extra Work Performance The Scope of Services proposed in this All services will be performed by JCG in a Agreement is based on information manner consistent with that degree of skill provided by the CLIENT and facts known at ordinarily exercised by members of the the time this Agreement is submitted. If, same profession, and shall give consultation during the performance of services, facts and advice to the CLIENT during the are discovered that indicate a change in the performance of services under this Scope of Services is necessary or if JCG agreement. believes that any work JCG has been directed to perform is beyond the scope of Indemnification and Insurance this Agreement, JCG may request that the JCG shall maintain the following insurance Scope of Services be re-evaluated. JCG will and list CLIENT as the certificate holder: promptly inform the CLIENT of such • Professional Liability ($2,000,000) situations, and if the facts indicate a • Umbrella Liability ($5,000,000) material change in the Scope or Project Page 271 of 303 Schedule, the parties shall renegotiate this The CLIENT and JCG may cancel or Agreement as necessary. terminate this Agreement by giving written notice at least thirty (30) days prior to the Indemnification date of termination. The CLIENT shall pay The CLIENT agrees to indemnify JCG from JCG for services and Reimbursable Expenses any claims, damages, losses, and costs, performed or incurred prior to the including but not limited to, attorney fees termination date. and costs of litigation caused by breach of contract, negligence, or willful misconduct Severability and Survival of the CLIENT, its employees, affiliated Any portion of this Agreement later held to corporations, officers or employees, or any be unenforceable for any reasons shall be of its subcontractors in connection with this deemed void, and all remaining provisions Agreement. shall continue in full force and effect. JCG agrees, to the fullest extent permitted ACQUISITION SERVICES by law, to indemnify or hold harmless the JCG shall serve as the CLIENT's professional CLIENT against all damages, liabilities or representative in the performance of the costs, including reasonable attorney fees scope of work described in the Exhibit "A" and defense costs, to the extent caused by Scope of Services, attached and made a JCG's negligent acts in connection with this part of this Agreement. JCG will provide the Agreement. level of supervision of its employees, agents, and subcontractors necessary to Neither the CLIENT nor JCG shall be insure work is performed in compliance obligated to indemnify the other party in with the CLIENT'S procedures, policies and any manner whatsoever for the other schedule and attend the CLIENT's scheduled party's own negligence. production or work progress meetings, resolve or recommend solutions to Company's Employees technical or professional property The CLIENT agrees that neither the CLIENT acquisition issues, make recommendations or any other entity related to the CLIENT to accept, reject or require additions or will, either directly or indirectly, solicit an revisions to property acquisition work employee of JCG Land Services, Inc. or its products, supervise the work of JCG's subsidiaries or hire or make an offer of personnel assigned to the project, respond employment to an employee of JCG Land to inquiries or requests for information Services, Inc. or its subsidiaries without made by the CLIENT, and deliver records prior written consent or for a period of two and files as required by this Agreement. (2) years after termination of this Agreement. Title Reports For acquisition purposes, public Record of Termination Ownership and Liens report(s) will be This Agreement shall terminate when the provided by the CLIENT, or upon request, work of JCG has been completed and JCG obtained by JCG and/or verified to identify has been paid for all completed work. all the owners, easements and other Page 272 of 303 interest holders, mortgages and lien Acquisition holders, and encumbrancers needed to Forms of transfer documents and purchase obtain possession of the interests in land agreements will be submitted to the CLIENT being acquired. The costs for procuring the for approval and acceptance. JCG shall Record of Ownership and Liens for each make a good faith effort to negotiate the parcel will be a pass-through, reimbursable purchase of the land, or interests in the expense as noted on JCG's project Invoices. land, needed for the project. JCG shall make contacts with the property owners, Public Information Meeting(s) tenants and/or their legal representative to If applicable, the CLIENT will mail the Notice explain the effect of the acquisition, answer of Public Hearing and a Statement of questions, and make a written offer to Property Owner's Rights to all property acquire the property. Nonresident owners and contract purchasers by regular landowners shall be contacted by mail, mail not less than 30 days before the date return receipt requested if necessary. If an of the hearing; and publish a notice of the agreement cannot be reached with a public hearing at least 4 but not more than property owner through good faith 20 days before the public hearing. Upon negotiations, JCG shall consider any request, JCG will participate in the Public evidence of value or an appraisal provided Hearing to explain the acquisition process. by the landowner; report landowner counteroffers; and/or make a Compensation Valuations recommendation whether a settlement If the proposed acquisition for any parcel is should be attempted at an amount other complicated and/or estimated to exceed than that previously offered. No action $25,000.00, JCG will recommend the shall be taken based on such services of an experienced Eminent Domain recommendations until it has been Appraiser to prepare the appraisal products approved by the CLIENT. for the CLIENT as required by Section 6B.54(3) of the Iowa Code. If requested, Negotiations shall be considered complete JCG will also recommend an experienced upon occurrence of one of the following: Eminent Domain Review Appraiser. The (1) both the owner and tenant accept the CLIENT shall approve the Review offer or an administrative settlement, or (2) Appraiser's allocation of value to be offered either the owner or tenant fails or refuses as Just Compensation for the acquisition of to sign the offer or administrative each parcel. The costs for procuring settlement, or (3) in the judgment of the appraisal and review appraisal reports for CLIENT, negotiations have reached an each parcel will be a pass-through, impasse. reimbursable expense as noted on JCG's project Invoices. For every parcel on which negotiations have reached an impasse or that cannot be For uncomplicated acquisitions with acquired by negotiated agreement, JCG compensation anticipated to be less than shall deliver as much of the file to the $25,000.00 per parcel, JCG will prepare CLIENT as is necessary for the CLIENT's Compensation Estimates to allocate Just Attorney, or other attorney, to begin Compensation. Page 273 of 303 preparation for the condemnation of the AGREEMENT) JCG will attend necessary parcel. meetings in support of the condemnation proceeding and/or appear as an expert Closing payment information and payee witness at the condemnation hearing. instructions will be provided with each completed parcel file turned in to the Not Covered CLIENT for the closing and payment process Services not furnished by JCG are not to be performed by the CLIENT. covered by the terms of this Agreement. The CLIENT shall be solely responsible for Relocation Assistance performance of work not covered by this If requested, JCG will provide relocation Agreement. assistance and advisory services in accordance with the Uniform Relocation ESTIMATE OF RIGHT OF WAY Assistance and Real Property Acquisition SERVICE FEES AND COSTS Policies Act of 1970, as amended. The rJCG shall provide professional right of way relocation agent will meet with the CLIENT to review the program and discuss the services, as described in this Agreement, for scope of work before beginning any the agreed estimated fee, plus activities relating to relocation assistance. reimbursable out-of-pocket costs and expenses. JCG shall be paid from They will follow the general procedures, statements invoiced every month for all provide services, create and maintain work completed. Reimbursement for actual records, and submit reports and status reports as required by State and Federal expenses include: appraisal and appraisal review services, title search reports, procedures. The tasks involved with mileage at the current Federal rate. Other relocation activities include initial reimbursable costs include: copy costs; interviews with displacees, preparation of recording or filing fees; mail and phone studies, presentation of offers, inspecting charges, and similar costs incurred in the replacement properties, attending closings, performance of the work. monitoring moves, processing and reviewing claims, and providing advisory JCG's proposed fees for the agreed scope of assistance. services are: Condemnation Support „ In the event condemnation should become See attached Exhibit„B necessary, JCG will provide parcel file JCG Project Estimate Cost Breakdown documents and information necessary for the CLIENT's attorney, or other attorney, to Total Project Estimate $9,760.00 file the Application for Condemnation. If requested, (UNDER A SEPARATE TIME AND MATERIALS ADDENDUM TO THIS Page 274 of 303 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of 120 Execution of this Agreement by the CLIENT and JCG constitutes written authorization to JCG to proceed with the Scope of Services contained herein. The Agreement shall become effective on the date noted above. SIGNATURES: CLIENT/CLIENT JCG LAND SERVICES Name: Jay P. Walton Department: JCG Land Services, Inc. Address: 1715 South G Avenue Address: Nevada, IA 50201 Phone: Phone: (515) 382-1698 Fax: Fax: (515) 382-2778 e-mail: e-mail: iay.waltonCc@ic�land.com By: By: Title: Title: Vice President INVOICING JCG invoices shall be directed to the appropriate department personnel as follows: Name: Department: Address: Address: E-mail: Phone: Fax: Page 275 of 303 Exhibit"A" Scope of Services Easement Acquisition: On behalf of the CLIENT, JCG will perform the following tasks; or, when necessary, will obtain those professional services from local, qualified resources and pass those direct costs through to the CLIENT based on actual bills and/or receipts for service with JCG's invoice(s): • Record of Property Ownership and Liens Certificates. Based on the final design of the facility or public improvement project, JCG will identify those parcels that are expected to be acquired in fee or encumbered by an easement and place an order with the local abstractor in each respective county for the form of record of property ownership and liens certificates to identify and fulfill title vesting requirements. • Acquisition Plats and Legal Descriptions/ Project Plans. To be provided by the CLIENT. • Compensation Valuation. For the purposes of determining the fair market value of uncomplicated or low-value acquisitions of right of way along the proposed project(s), JCG will research recent 'arms-length transaction' land sales and develop a range of values for each land type and use along the project corridor and present these values to the CLIENT for review and approval prior to negotiations. For complicated acquisitions or for those expected to exceed $25,000 per parcel, JCG will recommend the services of an experienced Eminent Domain Appraiser and an experienced Eminent Domain Review Appraiser. • Acquisition Process. JCG will review the record of property ownership and liens reports to verify ownership interests to be conveyed for each parcel. Upon approval of the form and format for Permanent and Temporary Easement documents, JCG will prepare the necessary transfer documents based on this current ownership information, along with easement purchase agreements and a breakdown of compensation to be paid (for land, plus any damages to the remaining tract, as a direct result of the project or construction). We will provide good-faith negotiations to acquire all rights of way needed for this project. Any Warranty Deed preparation will be the responsibility of the Acquiring Authority's attorney, or other attorney to comply with state law. • Closing Process. Upon completion of the acquisition of right of way, JCG will organize and verify data for each parcel file's closing and payment process or return the refused parcel file data to the Acquiring Authority for further processing and/or condemnation if negotiations reach an impasse. The completed file will contain originals of all executed Page 276 of 303 conveyance documents, a signed W-9 form, and an Allocation of Proceeds statement directing payment(s) to be made. • Condemnation Support. In the event condemnation should become necessary, JCG will provide parcel file documents and information necessary for the CLIENT's attorney, or other attorney, to file the Application for Condemnation. If requested, (UNDER A SEPARATE TIME AND MATERIALS ADDENDUM TO THIS AGREEMENT) attend necessary meetings in support of the condemnation proceeding and/or appear as an expert witness at the condemnation hearing. In addition to the items contained in the Scope of Services for this Agreement, JCG will also provide additional support and administrative services as requested by the CLIENT's attorney in support of the condemnation process on a case by case basis. • Project Management. Throughout the project, JCG will provide a project manager with significant public works project experience to oversee the process and progress of the acquisition team, meet with the CLIENT and/or its contractors as necessary, and submit periodic status reports to the CLIENT that will calculate the level of completion of each respective task in the process. • Changes in Work and Extra Work. The Scope of Services proposed in this Agreement is based on information provided by the CLIENT, and facts known at the time this Agreement is submitted. If, during the performance of services, facts are discovered that indicate a change in the Scope of Services is necessary or if JCG believes that any work JCG has been directed to perform is beyond the scope of this Agreement, JCG may request that the Scope of Services be re-evaluated. JCG will promptly inform the CLIENT of such situations, and if the facts indicate a material change in the Scope or Project Schedule, the parties shall renegotiate this Agreement as necessary. Services not furnished by JCG are not covered by the terms of this Agreement. The CLIENT shall be solely responsible for performance of work not covered by this Agreement. Page 277 of 303 10/3/2018 Page 1 EXHIBIT "B" JCG Land Services R.O.W. Cost Estimate Breakdown Waterloo, IA 10/3/2018 Estimate Based on One Parcel with Four Tenants By Others By Others ROW Project Appraisal Agent Manager JCG Estimated & ROL Title Appraisal Scope of Services (hours) (hours) Expenses Reports Review Total Hours Title certificates(2) $300.00 Compensation Valuation ( 1 Value Finding Appraisal&1 Review Appraisal) $3,750.00 0.0 hrs. Acquisition Process 38.0 38.0 hrs. Project Management and parcel tracking/status report database 16.0 16.0 hrs. Subtotal(hours) 38.0 16.0 54.0 hrs. Rate/hr. $85.00 $95.00 JCG Expenses(**mileage,lodging,per diem,postage,misc.) $960.00 $960.00 JCG Fees $3,230.00 $1,520.00 $4,750.00 Subtotal JCG Acquisition Services Estimate $5,710.00 Reimbursable Expenses(BY OTHERS) $300.00 $3,750.001 $4,050.00 Total Acquisition Estimate $9,760.00 Page 278 of 303 CITY OF WATERLOO Council Communication Sewer Rate Increase City Council Meeting: 11/5/2018 Prepared: 10/19/2018 REVIEWERS: Department Reviewer Action Date Finance W'edner, Mpcbefle Approved G0/19/20tl8 -27 AM tans]erk Off-we Even, L-eAxin Approved 60/19/2018 ... 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 second time an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental SUBJECT: Charge to increase sewer rates. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said 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 Policy Issue: and maintain a balanced sewer budget. Page 279 of 303 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 280 of 303 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 281 of 303 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 282 of 303 CITY OF WATERLOO Council Communication An Ordinance Amending the City of Waterloo Traffic Code by amending Subsection(22) Linn Street of Section 545, Yield Streets. City Council Meeting: 11/5/2018 Prepared: 10/31/2018 REVIEWERS: Department Reviewer Action Date ..p,n@ffic. O eralnons p vei, t: eAxir) Approved app/31/2018 -53 AM Motion to receive, consider, and pass for the first time an Ordinance amending Subsection(22) Linn Street of Section 545, Yield Streets by adding(22) Linn Street at Adams Street, at Webster Street; and at Gable SUBJECT: Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Ordinance A study was conducted at the intersection of Linn Street and Gable Street- Summary Statement: because of the Northwest corner site distance deficiency an ordinance to install a Yield sign on Lain Street was recommended. Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Background Information: Residents were concerned in the area after traffic crashes occurred at the above mentioned intersection. Page 283 of 303 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of August 28, 2018. City Council Meeting: 11/5/2018 Prepared: 10/23/2018 REVIEWERS: Department Reviewer Action Date urp ori Karp arn, pC:X'nth A.pproved G 0/2')/ 0 tl 8 ... 5.43 PM t]erk Off-we 1 p nz a)y, T" ars cy A.pproved G 0/26/2018 .... 9:44 AM ATTACHMENTS: Description Type Airport Board Meetnnj,, Mir:iiifes A.ugktst 28, 2018 Covet Merflo SUBJECT: Airport Board Meeting minutes of August 28; 2018. Submitted by: Submitted By:Keith Kaspari. Director of Aviation Page 284 of 303 MINUTES WA'T'ERLOO REGIONAL AIRPORT BOARD Tuesday, August 28, 2018 i 1. ROLL CALL Chairman Hugh Field, called the meeting to order at 12:00 p.m. Board Members Present: Hugh Field, Arlene Humble, Dr. Linda Allen, Gwenne Berry and Cary Darrah, Board Members Absent: Charles Needham and Scott Voigt. City Officials Present: Adrienne Miller, Planning and Zoning; Councilmember Margaret Klein. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel, AECOM; Tim Newton, Livingston Aviation; Iry Swieter, Swieter Aircraft Services, Inc. and Joel Harris, T-Hangar Tenant. II. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS IV. REPORTS A. Airport Director Chairman Field asked Mr. Kaspari to confirm that Runway 12130 has been re- opened. Mr. Kaspari stated that it was re-opened on the evening of July 23rd B. Monthly Planning & Development Report NIA C. Legislative Information D. Misc. Monthly Airport Reports Board reviewed and discussed the airline stats for June and July, which were both bad months due to cancellations and delays, albeit for the month of July, July was our best month of the year, with outbound passenger totals exceeding 2,000 (2,035). 1 Page 285 of 303 Ms. Humble pointed out that fares look good and with Runway 12/30 open AA stats should be better for August. Ms. Berry moved reports be received and placed on file, seconded by Ms. Darrah. Ayes: 4. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of the July 3, 2018 Regular Meeting Moved by Ms. Humble, seconded by Ms. Darrah, that the minutes of the July 3, 2018 meeting be approved. Ayes: 4. Motion carried. B. Motion to Receive and File July 2018 Expenses Moved by Dr. Alien, seconded by Ms. Humble, that the July 2018 expenses be received and filed. Ayes: 4. Motion carried. C. Advertising Concession Agreement Turn Key Associates, LLC Moved by Ms. Humble, seconded by Ms. Darrah, that the concession agreement for a backlit sign case be approved. Ayes: 4. Motion carried. VI. ®LD BUSINESS A. Update: Phase I —Parking Lot Project and First Two Months of Revenue Mr. Kaspari reported that August 8, 2018 was the date of final acceptance of the Parking Access and Revenue Control (PARCS) project contract with Parking, Inc. This date also reflected the beginning of the Two-Year Warranty period. Revenue appears to be increasing, as expected. B. Update: Taxiway Charlie and Runway 12130 Joint Repair Project As previously discussed, Runway 12/30 has been open since July 23`d. Seeding and turf is to be completed in September to finish the project. C. Summary and Re-Cap of the Meeting with American Airlines Mr. Kaspari stated that he and Mayor Hart had a good meeting with American officials. Points of discussion included: Problems with SkyWest flights last year including reliability as well as the condition of the aircraft, and the damage those problems may have had on the reputation of AA flights through Waterloo. 2 Page 286 of 303 American has since severed their relationship with SkyWest due to problems not only at ALO but many other airports as well. Also discussed the community subsidizing a 3'a daily flight, either to Chicago or Dallas. American would not commit to a dollar amount needed for that but did mention that the USDOT might feel that if we were able to subsidize the airline as a community that we no longer would require the federal assistance that the Essential Air Service (EAS) program provides. Mr. Kaspari stated that he also met with Bill Buchholz, Manager of Corporate Real Estate, regarding the Signatory Use Agreement between the City and American Airlines. Mr. Kaspari is hopeful that Staff and American will be able to come to terms on fees associated with the lease of the facility, in addition to the use of airport-owned equipment that we have provided at no charge over the years — and that American should be paying a monthly usage fee. VII. NEW BUSINESS A. General Discussion: FY-2020 City of Waterloo Capital Improvement Program City has not yet requested CIP requests for FY2020 — FY2024 program be turned in yet. Board and Staff reviewed the projects that were submitted last year. Chairman Field stated that CIP requests for the rehabilitation of Runway 6/24 must be included and that members of the Board should attend the CIP meetings to lobby for funding. Mr. Kaspari stated that this was voted on and passed at the July meeting and he does not know when the city meetings budget and CIP meetings will be scheduled. B. General Discussion: CY-2019 Farm Agreement Received Notice of Termination of the existing agreement from the current farmers, who would like to renegotiate the terms for 2019. The farmers (M-K, LLC) indicated that while they could not afford to continue at $225.00 per acre, they would like to continue at $200/acre - significantly less than we are receiving this year ($270,225.00), which is also significantly less than we received in prior years. Board instructed Mr. Kaspari to check with the ISU Extension office to see what current Black Hawk County farm rents average for the Crop Suitability Rating (CSR) of our ground before meeting with tenants to begin negotiations. 3 Page 287 of 303 C. Update: Phase 2 ---Parking Lot Crack-Seal, Sealant and Re-Striping Proj ect Mr. Kaspari reported thatthe remaining bond funds for the parking lot project have been obligated for sweeping, crack filling, sealing and re-striping the lot, which is currently about half finished. Da General Discussion: Notice of Lease Termination— SwieteT Aircraft Services, Inc. Chairman Field stated that the termination of this lease is unacceptable and he would like to come to terms with this tenant. Mr. Swieter stated that it's too late as he has already signed an agreement to relocate Iris business to Waverly and will be out by the end of January, 2019, when his current lease expires. Discussion followed. VH 1. STAFF AND BOARD MEMBER COMMENT Mr. Kaspari stated that he will be on vacation until the day before the regularly-scheduled September meeting and won't be able to prepare the agenda so requested of the Board to reschedule or cancel the September meeting. Consensius reached was that September meeting would be cancelled and October meeting held as regularly-scheduled, on the 4"' Tuesday (October 23 IX. ADJOURNMENT Chairman Field adjourned the meeting at 1:30 p.m. Respectfully submitted, 1- r ,ll�r1 end, C"lr�itper Son (:A C "'0.-T1 4 Page 288 of 303 CITY OF WATERLOO Council Communication Planning, Programming& Zoning minutes of September 11, 2018. City Council Meeting: 11/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date lllaa:in'prrgg'& Zorrukig Schroeder, Arie Approved G0/24/20 tl 8 ... 2-0p PM 1]errk Off-we 1 p nz a)y, 1" arr�cy Approved G 0/26/2018 .... 9:44 AM ATTACHMENTS: Description Type l'&Z rninrrites of 9/11/18 Covet Merflo SUBJECT: Planning; Programming& Zoning minutes of September 11; 2018. Submitted by: Submitted By: Page 289 of 303 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING- 4:00 P.M. September 11, 2018 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Vice-Chairperson Donat at 4:05 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Donat, Mohammad, Flynn, Hall, Wilber, and Trost Members absent were: Buttgen and Holdiman. Others present: Aric Schroeder, Chris Western, John Domoff and Seth Hyberger—Planning Department, Jaime Knutson—Engineering, and 4 citizens. I.Approval of the Agenda It was moved by Trost, seconded by Hall to approve the agenda. Motion carried unanimously. Approval of the Minutes from the Regular Meeting on August 7, 2018. It was moved by Wilber, seconded by Flynn to approve the minutes of the August 7, 2018 meeting as amended. Motion carried unanimously. IL Financial Report: July 2018 Anderson gave the financial report for July, 2018. Wilber asked about the benefit category to which Anderson stated that he would look into that. IILOral Presentations No Oral Presentations IV.New Business A. Hearing-Site Plan Amendment 1. Request by Deer Creek Development for a Site Plan Amendment for lot layout located West of 3301 Greyhound Drive. It was moved by Hall and seconded by Wilber to receive and place on file the statement of verification at 4:12 p.m. Motion carried unanimously and Donat declared the hearing open. Domoff read the staff report recommending approval of the request with the conditions that 1) The final site plan meets applicable city codes,regulations, etc. including but not limited to parking, landscaping, screening, drainage, etc. and 2) All new buildings are constructed to the requirements of the city of Waterloo Floodplain Regulations and the lowest floor elevation is at least 1' above the 100 Year Base Flood Plain Elevation. Wilber asked if the property owners to the west were notified and if there were concerns about increased flooding. Anderson explained that the City of Waterloo owns the properties to the west which includes the Leonard Katoski Greenbelt and the Cedar Valley Sports Complex and those areas were designed to take the flood waters and the City does not anticipate any change with this development. Flynn asked about the plans for the development and Anderson stated that it was a conceptual plan of what might locate in the area considering what else has been developed there by the developer. Page 290 of 303 Planning and Zoning Commission September 11,2018 Donat asked if the commission should be concerned about the comments from INRCOG or the comment from Dennis Gentz about access to the out lots. Anderson responded that the City's Engineering Department did not express concerns about flooding and that access to the out lots will be determined when the site is platted. Flynn stated that she was happy that a light is being considered for a traffic light and thinks it is good that something will happen with the site. It was moved by Hall, seconded by Trost to close the public hearing. Motion carried unanimously. It was moved by Hall, seconded by Wilber to recommend approval of the site plan amendment with the conditions that 1) The final site plan meets applicable city codes, regulations, etc. including but not limited to parking, landscaping, screening, drainage, etc. and 2) All new buildings are constructed to the requirements of the city of Waterloo Floodplain Regulations and the lowest floor elevation is at least I'above the 100 Year Base Flood Plain Elevation. Motion carried unanimously. B. Appeal 1. Request by Shawn Hoosman for an appeal of the Driveway Policy prohibiting more than one curb-cut on a lot less than 100' in width to allow for a second curb-cut from Wendell Court, located at 333 Wendell Court. Hyberger read the staff report recommending approval of the recommendation and noting that if the request is denied it should be for the following reason: approving the request would set precedence. Hall asked when the driveway was constructed and Hyberger noted that a permit is not needed for a driveway, so it is not known, but it has been there for several years. Shawn Hoosman, 333 Wendell Court, noted that his father bought the house last year before he passed away and the driveway was there then. He did not know when it was put in and felt it would make more sense to have an approach for it as he is planning to build a garage in the back of the house and that driveway would provide the best access to it. He also stated that he has talked to the neighbors and they did not express any concerns. Donat noted that the other houses in the area have a single driveway and he is concerned about setting precedence with this request. Hall said he was divided on how to proceed with the appeal as he is concerned that since a permit is not required to put down a concrete driveway that people will do it then come to the commission and say they want a curb cut. Trost asked if they are allowed to do double wide driveways but Knutson noted that they have a single wide garage so they will be allowed only a single wide approach. If they had a double wide garage or even triple wide they would be allowed to do a double wide driveway. Knutson offered that if the applicant is going to put a garage in the back along the second driveway maybe the commission should require the driveway to the attached garage be closed up. Wilber asked if the existing driveway was violating any other city codes to which Knutson responded that engineering's responsibility ends at the property line, once past the property line it becomes Planning and Building Departments responsibilities. Schroeder explained that once on private property the flatwork/slab does not require a permit, there is no setback requirements for one or two family residential, a couple of years ago the city council did put a limit on the amount of driveway area in the front yard for vehicular use areas although it is not super - 2 - Page 291 of 303 Planning and Zoning Commission September 11,2018 restrictive. There was talk at that time to requiring a permit for flatwork for tracking purposes but that has not been adopted. Wilber asked if a garage would require a permit and Hall asked if there would be a problem with him building that second garage to which Schroeder responded that he would need a permit for the second garage and that garage would be allowed. Flynn asked the applicant if his neighbor has his front yard paved and said that from the looks of the picture their driveway is three cars wide. Wilber said she understands the worry about precedence but would rather see a driveway and the area neater than the applicant driving over the curb and making it look bad. Hall asked if it could be made a condition that the garage permit be taken out when the curb cut is done. Schroeder noted that it could be made a condition. Mohammad said that it is not setting precedence since it was there when the applicant bought the property to which Hall responds that the commission hears that all the time particularly with landlords who claim the place was turned into a six plex before they bought it so it should be legal and that there is the city code and need to follow it especially with all the problems that exist in the community and that it is the commission's job to do the front line work for the council and if they made the code it should be followed. Wilber states that even if a garage is built doesn't mean it needs to be used by the applicant since the person to the south has a garage but multiple cars parked on the cement. Schroeder asked the applicant if closing the existing curb cut would work for him to which the applicant responded that he was interested in keeping the garage so would not want to close the existing driveway. He also stated that he looked at expanding the existing garage but it was cost prohibitive and doing a second garage would be the best option financially. Hall asked the applicant if he intends to build the garage to which the applicant said yes. Flynn asked about a building behind the trees to which the applicant said it is a shed that will be removed or moved. Flynn also asked about the width of the curb cut to which Knutson responded that if it the driveway is single wide it would be 22 feet at the curb and 16 feet at the sidewalk. Trost asked about how close two driveways can be to each other to which Knutson said that if the lot is under a 100 feet wide they can only have one curb cut but beyond that it is up to the property owner where the driveway is located and Schroeder responded that there is no regulation on where the driveway is located,just limiting the number of driveways. Hall said he would like to approve the appeal with the provision that the garage permit be added as a condition and Flynn asked about a time limit. Anderson asked if a year would meet the applicant's needs but the applicant was unsure if he could build it in 2019 and might have to wait to 2020. It was discussed that as long as the curb cut is not allowed until a permit for the garage is issued, it would be fine. It was moved by Hall, seconded by Wilber to recommend approval of the appeal request with the condition that the second curb be constructed after a garage permit is taken out. Motion carried unanimously. C. Discussion No discussion items. It was moved by Flynn, seconded by Wilber to adjourn the meeting at 4:52 p.m. Motion carried unanimously. Respectfully submitted, - 3 - Page 292 of 303 Planning and Zoning Commission September 11,2018 John Dornoff, Planner I - 4 - Page 293 of 303 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of September 18, 2018. City Council Meeting: 11/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date lllar)ripr)gl& Zonkig Schroeder, uric Approved G 0/24/20 tl 8 ... 2-0p PM (I .]erk Off-we f I ngby, 1" ar�cy Approved G 0/26/2018 9-45 AM ATTACHMENTS: Description Type D p111 iin raftes 9/18/18 Covet Merflo SUBJECT: Historic Preservation Commission minutes of Sel2tcmber 18, 2018. Submitted by: Submitted By: Page 294 of 303 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING—September 18, 2018—4:30 P.M. First Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance were: Jaacks, Ottesen, Stevens,Price, and Jenson. Commission Member(s) absent were: Miller and Orlando. Others Present: Pat Morrissey—City Council Representative,E.J. Gallagher—Grout Museum,John Dornoff—Planning Staff,Tim Jameson—Courier, and 2 citizens. Approval ofAaenda Motion made by Jaacks, seconded by Jenson to approve the agenda of the September 18, 2018 regular meeting. Motion carried unanimously. Approval ofMinutes Motion made by Price,seconded by Jenson to approve the minutes of the August 21, 2018 minutes and moved by Jenson and seconded by Price to approve the minutes of the July 17,2018 meeting. Both motions passed unanimously. Hearin,as Request by Owens-Folkers for a Certificate of Appropriateness for an 8' Tall fence located on the east side of 116 Alta Vista. , Dornoff read the staff report noting that the both the existing guidelines and the proposed 2012 guidelines did not specify a height limit, only that it had to meet the character of the neighborhood and painted, also the City of Waterloo Zoning Code does allow for fences up to 8' in the back yard. Dornoff also noted that the contractor started work before a permit was issued and informed the applicant that they already had a permit. Dornoff also noted that he talked to Joyce Oaks President of the Highland Neighborhood Association that generally only fences up to 5-feet have been allowed including her own fence. Owens-Folkers explained that they want to build the fence due to an aggressive dog that is located next door at 124 Alta Vista. They have lived in the neighborhood since before it was a historic district and new that Historic Preservation Commission approval was needed. They are willing to have the fence painted and noted that their neighbor to the west that is also in the district has an 8' fence. Ottesen noted that since the commission is now looking at coming up with new design guidelines that fences will need to be taken a closer look at. Commission members asked about the fence that they approved a few months prior and why that had a height limit. Dornoff noted that the fence in question was in the front yard which did have a height limit in the Design Guidelines but no limit in the back yard. -1- Page 295 of 303 Motion made by Jaacks seconded by Price to approve the request for a Certificate of Appropriateness so long as the fence is painted an appropriate color. Motion carried unanimously. Request by Waterloo Public Schools for a Certificate of Economic Hardship to demolish a building at 5643 Kimball Avenue. Dornoff noted that two months ago the commission voted to table this item and has not heard from the school district. Stevens noted that the school does not have an economic hardship and they have the financing to take care of the building. Ottesen and Price noted that the area around the house is not currently needed by the school district and that the building has significant architectural details. Motion made by Jaacks seconded by Price to deny the request for a Certificate of Economic Hardship. Motion carried unanimously. Application for Iowa Most Endangered Building List 2019 Dornoff noted that two buildings had been discussed last month for most endangered including one at 217-221 West 5th Street and the buildings that were once used by Montgomery Wards and the Courier at the corner at Park Avenue and Commercial Streets. The building at 217-221 West 5th was purchased by a person from New Orleans that purchased it when he moved here due to Hurricane Katrina and had plans for renovation but then moved back to New Orleans without repairing it. It has sat empty for many years and is in poor shape. The former Courier/Montgomery Ward's Wards building has been empty since the Courier moved into their current building in 2011. Jaacks asked what the benefit of having it listed is, to which Dornoff responded that the publicity created by the list will hopefully attract someone that is willing to fix up the building. Commission members felt that the building at 217-221 West 5th was the biggest priority for the most endangered list for this year but next year will look at the Courier/Montgomery Wards building. Motion made by Price seconded by Jenson to nominate the building at 217-221 West 51" to Iowa's Most Endangered Building List. Motion carried unanimously. Application for Underserved Community Grant Dornoff recommend not applying for the grant this year since this grant would work best in the Triangle area but because the Civil Rights grant will pay for part of this area to be surveyed but the exact area will be determined by the hired contractor, it would make since to wait till next year so a good application can be made. -2- Page 296 of 303 Reports 1. Main Street Tour D'Loo will be coming up on October 4th but exact locations have not been determined. JSA is fixing up the building at 612-616 Mulberry. Discussion if the East Commercial District should be extended to cover both the Carnegie Library and the Gallagher Building. Ottesen also explained the difference between what Main Street review does and a Locally Designated Historic Landmark. 2. Silos and Smokestacks. Jaacks said that Silos and Smokestacks got a $75,000 grant for their location at 500 Jefferson, to complete a remodel. 3. Grout Museum Grout has a new display detailing the history of racing in the Cedar Valley and surrounding area. The Tour of Homes was the best attended and was well received. There is also concern that the Imaginarium is being vandalized. 4. Building Update The RFP for the Rath budding went out today. The St. Mary's picture is not looking good as the rectory which is the newest building on the site needs to be demolished due to work on the Virden Creek levee. 5. Proiect Update The Walnut Survey is currently being reviewed by the SHPO office. Dornoff noted that there have been issues with responses out of SHPO so hopefully it will be taken care of so that it can get to the nomination stage. The RFP for the Civil Rights Grant project went out on August 30th and responses are due by September 30th 6. Highland The plaques for the entrance to the community on Highland have been ordered. Discussion Items/Possible Actin Items 1. Library Presentation Dornoff said that the library presentation is coming up on October 231 and Dornoff will be sending out -3- Page 297 of 303 emails to get everything set up. 2. Preservation Iowa/Main Street Iowa The actual tour was cancelled due to the rain but a presentation was made that covered what the tour would have with commentary from Noel Anderson and Jim Walsh. 3. School Art Proiect Dornoff said that someone will need to take over the school project and the goal will be to have the papers in the hands of the school teachers by January V so that students have more time to work on projects this year. 4. Other Discussion Dornoff noted new commission members are needed. He tried to contact Maddie`Morehouse from the Grout but she is no longer there so Jenson will get in contact with her so that she can get an application in. Dornoff also suggested if anyone has contacts with the Walnut neighborhood that getting them involved in the commission would be good. Adiournment Ottesen adjourned the meeting at 5:30 p.m. Respectfully submitted, i John Dornoff Planner I -4- Page 298 of 303 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees Meeting minutes of October 17, 2018. City Council Meeting: 11/5/2018 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt. Approved G 0/29/20 tl 8 .... tl tl:20 AM t]errk Off-we fIngby, 1" arr�cy A.pproved G0/30/201 .... tl.26 PNI ATTACHMENTS: Description Type D 1:_,p, i 1:.., NCS"FI E OF M1NLF ES FOR t'()LJME1 (::`over Merl/rro Oe;irolbcr 20 Sjpc-cllaMeetin SUBJECT: Waterloo Water Works Board of Trustees Meeting minutes of October 17, 2018. Submitted by: Submitted By: Matt Mahler, Water Works General Manager Page 299 of 303 Board of Water Works Trustees held a special meeting on Wednesday, October 17, 2018, with Mary Potter, Chair; Scott Wienands, Vice-Chair; and Ron G. Welper, Trustee; present. Also in attendance: Lois Rupkey, Byrnes & Rupkey Inc.; Bruce Jacobs, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager; and Matthew L. Mahler, General Manager and Secretary. The Board approved to adopt: the agenda as amended; a motion to receive and place on file a notice from Matthew L. Mahler, Waterloo Water Works General Manager, of resignation effective no later than the date of the December 2018 Board of Trustees Meeting; a resolution to discuss and approve an agreement with Byrnes & Rupkey, Inc. for Executive Search services; the General Manager led a discussion with the Board of Trustees and Byrnes & Rupkey Inc. regarding the upcoming leadership transition and recruitment plan; the Board then approved to adopt a resolution to adjourn to Executive Session for discussion of performance of Water Works employees; to reconvene the Board meeting, and to adjourn the meeting. WATERLOO WATER WORKS ATTEST: Matthew L. Mahler Secretary CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees Meeting minutes of October 25, 2018. City Council Meeting: 11/5/2018 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt. Approved G 0/29/20 tl 8 .... tl tl.23 AM t]errk Off-we fIngby, 1" arr�cy A.pproved G0/30/201 .... tl.26 PNI ATTACHMENTS: Description Type D 1:_,p, i 1:.., NC�.p.'i( E OF M1NLF ES FOR t'()LJME1 (::`over Merl/rro Ocirolbcr 20 SUBJECT: Waterloo Water Works Board of Trustees Meeting minutes of October 25, 2018. Submitted by: Submitted By: Matt Mahler, Water Works General Manager Page 301 of 303 Board of Water Works Trustees held their regular meeting on Thursday, October 25, 2018, with Mary Potter, Chair; Scott Wienands, Vice-Chair; and Ron G. Welper, Trustee; present. Also in attendance: Lois Rupkey, Byrnes & Rupkey, Inc.; Katy McCracken, Byrnes & Rupkey, Inc.; Rick Wilberding, Distribution Department Manager; and Matthew L. Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; the minutes of the regular meeting of September 19, 2018; the minutes of the special meeting of October 17, 2018; the Monthly Financial Report; the Revenue and Expense Summary; a resolution to approve Ferguson Enterprises, Inc. easement agreement; a resolution to approve Racom Corporation easement agreement; a resolution to approve Iowa Grafe Properties, LLC easement agreement; a motion to set the date of Public Hearing as the November 2018 Board of Trustees meeting to adopt the 2019 Budget. The Board received an update from Byrnes and Rupkey, Inc. on the status of the executive search. The Board then approved to adopt: a motion to adjourn to Executive session for discussion of candidates for the position of General Manager pursuant to Iowa Code Section 21.5(1)(i); a motion to reconvene the Board of Trustees meeting; a motion to receive and place on file the 2017 Audit Report of the Waterloo Water Works; and to set the date of the next regular Board meeting as Wednesday, November 21, 2018 at 8:45 a.m. Payment of the following bills: Aable Pest Control Services 24.25 ABM Industries Services 1,041.50 Acco Unlimited Supplies 1,775.34 Advanced Systems Services 161.43 AECOM Technical Services 20,830.96 Aramark Uniform Services 254.86 Aspro Supplies 1,689.80 Assured Flow Sales Supplies 115.50 AWWA Membership Dues 90.00 Bearing Distributors Supplies 32.34 Benton's Sand & Gravel Project 6,584.83 Black & Veatch Services 1,658.00 Black Hawk County Auditor Water & Sewer Bond 4,036.64 Black Hawk Waste Disposal Services 104.00 BMC Aggregates Supplies 4,173.30 BRB Lawn & Snow Services 1,582.50 Brown Supply Supplies 48.00 Campbell Supply Supplies 1,227.07 Cedar Industries Supplies 1,139.04 Cedar Valley Sportsplex Payroll Deduction 240.64 Cedar Valley United Way Payroll Deduction 62.50 CenturyLink Services 2.26 Charles Schwab Institutional Pension 50,032.68 City of Raymond Sewer, Garbage & Yard 20,330.43 Waste City of Waterloo Projects 65,863.05 City of Waterloo Sewer, Garbage & Storm 972,907.57 Water Clapsaddle-Garber Services 1,380.00 Operator Certificate Iowa Division of Labor Service Services 135.00 Iowa One Call Services 852.30 IPERS Pension 22,728.44 IWI Motor Parts Supplies 250.39 Kerns, Steve Reimbursement 50.00 Keystone Lab Testing 3,745.50 Kwik Trip Fuel 4,576.96 Larson, Travis Reimbursement 50.00 Mahler, Matthew L. Reimbursement 10.51 McDonald Supply Supplies 84.82 Menards Supplies 1,340.60 MidAmerican Energy Gas, Power & Electric 49,863.09 Moody, Joe Reimbursement 77.50 Morris Enterprises Project 8,554.55 Municipal Supply Supplies 728.00 Murphy Tractor & Equipment Supplies 98.22 Napa Auto Parts Supplies 6.56 Networkfleet Services 286.00 Payroll 104,591.16 PDCM Insurance Insurance 28.00 Postmaster Postage 1,250.00 Professional Office Services Services 9,257.84 Public Employees Credit Union Payroll Deduction 9,778.00 R Company Repairs 1,700.00 Radio Communications Services 166.37 Refunds 4,938.55 Ricklefs Excavating Project 227,529.75 Rochester Armored Car Services 257.42 Scot's Supply Supplies 583.82 Sensus USA Supplies 44,388.65 Snyder & Associates Services 411.00 Storey Kenworthy Supplies 1,032.46 Swisher & Cohrt Legal Services 1,666.65 Teamsters Local Union #238 Payroll Deduction 1,131.00 Treasurer, State of Iowa Water Tax 43,760.00 Treasurer, State of Iowa State Tax 12,620.00 U.S. Cellular Services 64.66 US Dept. of Treasurer Federal Tax 43,884.93 Utility Equipment Supplies 863.22 Van Wert Inc. Services 5,721.10 Vieth Construction Project 62,947.95 Voya Institutional Trust Payroll Deduction 8,184.00 Waterloo Water Works Reimbursement 10,000.93 Wellmark Blue Cross Blue Shield Insurance 56,405.04 Wilberding, Rick Reimbursement 50.00 Witham Auto Center Supplies 25.31 $1,990,929.41 WATERLOO WATER WORKS ATTEST: Matthew L. Mahler