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Council Packet - 2/18/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, February 18, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (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 depaitment. 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 195 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Jerome Amos, Ward 4 Council Member Agenda, as proposed or amended. Minutes of February 11, 2019, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as March 7, 2019 at 5:30 p.m. in the Harold E. Getty Council Chambers to approve the FYE2020 budget and instruct the City Clerk to publish said notice. Submitted By: Michelle Weidner, Chief Financial Officer 3. Resolution setting date of public hearing as March 4, 2019 on the proposed issuance of not to exceed $10 million General Obligation Bonds, for essential corporate purposes, and instruct City Clerk to publish notice. Submitted By: Michelle Weidner, Chief Financial Officer 4. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 21, 2019 and date of public hearing as March 25, 2019, for the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. Submitted By: David R. Zellhoefer, City Attorney B. Motion to approve the following: 1. TRAVEL REQUESTS a. Ethan Moeller, Facilities Specialist Class/Meeting: Pick up artwork for Ed Emberley Exhibit Page 2 of 195 Destination: Essex, MA Dates: Feb. 24 - Mar. 1, Amount not to exceed: $895 2019 b. Jason Hernandez, Medical Supervisor *AMENDED* Class/Meeting: Emergency Response to Terrorism Destination: Ames, IA Dates: Jan 17 & 18, Amount not to exceed: $25 2019 c. Officers Bovy, Herkelman, and Ehlers Class/Meeting: K-9 Narcotics Re -certification School Destination: Ft. Madison, IA Dates: Mar. 10-12, 2019 Amount not to exceed: $1,534 d. Paul Huting, Leisure Services Director Class/Meeting: Iowa Park and Recreation Association Conference Destination: Des Moines, IA Dates: Mar. 25-28, 2019 Amount not to exceed: $728.44 2. LIQUOR LICENSES a. Babes Tap, 210 Division Street Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 3/14/20 b. Elitte Cafe Bar, 1108 Jefferson Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 2/7/20 c. Hometown Foods, 1010 E. Mitchell Avenue Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 3/9/20 d. Hy -Vee Food & Drugstore #3, 1422 Flammang Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 2/8/20 e. Hy -Vee Market Cafe' #3, 1422 Flammang Drive Class: C Liquor/Catering Renewal Application Includes Sunday Expiration Date: 3/15/20 f. Kwik Star #229, 1717 E. San Marnan Drive *Ownership Update* Class: C Beer New Application Includes Sunday Expiration Date: 9/25/19 Page 3 of 195 g. Kwik Star #380, 506 W. 9th Street *Ownership Update* Class: C Beer New Application Includes Sunday Expiration Date: 11/19/19 h. Kwik Star #569, 875 Fisher Drive *Ownership Update* Class: C Beer New Application Includes Sunday Expiration Date: 8/28/19 i. Kwik Star #715, 1636 W. 4th Street *Ownership Update* Class: C Beer New Application Includes Sunday Expiration Date: 7/30/19 j. Kwik Star#732, 324 Fletcher Avenue *Ownership Update* Class: C Beer New Application Includes Sunday Expiration Date: 7/22/19 3. APPOINTMENTS a. Blake Hamer Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 New Appointment 4. Recommendation of appointment of Michiel Derifield, from the Civil Service list, to the position of Equipment Operator I in the Street Department, with a start date of February 25, 2019, subject to passing physical and drug test. Submitted By: Randy Bennett, Public Works Manager 5. Recommendation of appointment of Brad Manahl, from the Civil Service list, to the position of Treatment Operations Foreman at the Waste Management Services Department, effective Tuesday February 19, 2019. Submitted By: Steve Hoambrecker, Waste Management Services Director 6. Recommendation of appointment of Amanda Wellhouse, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, effective February 19, 2019. Submitted By: Kent Shankle, Cultural and Arts Director PUBLIC HEARINGS 2. FY 2019 Bridge Repairs - Dubuque Road over Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959. 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 City Clerk to read bids and refer to City Engineer Page 4 of 195 for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer RESOLUTIONS 3. Resolution approving a Real Estate Purchase Agreement with AMA Real Estate, LLC of Waterloo, Iowa, in the amount of $51,000 plus up to $10,000 in closing costs, to acquire approximately 0.7 acres, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving a Professional Services Agreement with VIA Rail Engineering of Maribel, Wisconsin, in an amount not to exceed $22,130, in conjunction with a Rail Yard Public Safety Improvement Study, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution of support for the State of Iowa to fund the Iowa's Natural Resources and Outdoor Recreation Trust Fund. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving the acquisition of property in the amount of $1.00, and acceptance of a quit claim deed from the Waterloo Community School District, for property located west of 3610 Ansborough Avenue. Submitted By: Noel Anderson, Director of Community Planning and Development 7. Resolution approving a Professional Services Agreement with HR Green Company of Cedar Rapids, Iowa, in the amount of $40,000 in conjunction with the former Weissman Steel site to conduct an Environmental Investigation, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 8. Ordinance amending the Code of Ordinances by amending Section 4, Automated Traffic Enforcement, of Chapter 1, General Offenses, of Title 6, Police Regulations. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 4, Automated Traffic Enforcement, of Chapter 1, General Offenses, of Title 6, Police Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Daniel J. Trelka, Chief of Police 9. Request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway. Page 5 of 195 Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 45 East Airline Highway. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 10. Amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks. Motion to receive, file, consider and pass for the third time and adopt an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, regulating the sale of fireworks. Submitted By: Aric Schroeder, City Planner 11. Ordinance amending the Code of Ordinances by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. Motion to receive, file, consider and pass for the third time and adopt an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. Submitted By: Aric Schroeder, City Planner OTHER COUNCIL BUSINESS 12. Motion approving change order number 2 in the amount of $112,777.01, to Price Industrial Electric, Inc., in conjunction with fiber optic installation and traffic adaptive system on San Marnan Drive, Kimball Avenue, W. 4th Street and a section of US Hwy. 218, Iowa DOT Project Number STP -A-8155(743)--86-07. Submitted By: Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:10 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Minutes of December 11, 2018 Airport Board Meeting 2. Planning & Zoning minutes of December 4, 2018. 3. Waterloo Housing Authority Board Minutes from January 22, 2019 Meeting. 4. Communication from the Waterloo Police Department on the notice of the conclusion of Page 6 of 195 employment for Marc Moore, Patrol Officer, effective February 1, 2019 with recommendation of approval of payout of $17,686.96 for unused benefits. Page 7 of 195 CITY OF WATERLOO Council Communication Minutes of February 11, 2019, Regular Session, as proposed. City Council Meeting: 2/18/2019 Prepared: REVIEWERS: Department Reviewer Action Date iii17fice 1p'gl y, Nancy Approved 2/11/70p ... :",6 A.. ATTACHMENTS: Description Type Minutes of' 2/ i/Backup Ma Submitted by: Submitted By: Page 8 of 195 February 11, 2019 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, February 11, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Jamie Knutson, City Engineer 145839 - Schmitt/Amos that the Agenda, as proposed, for the Regular Session on Monday, February 11, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145840 - Schmitt/Amos that the Minutes, as proposed, for the Regular Session on Monday, February 4, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, questioned were funds come from when departments have unexpected expenditures. Michelle Weidner, Chief Financial Officer, explained that unexpected expenses can come from a variety of sources. Forest Dillavou, 1725 Huntington Road, commented on some recently amended development agreements and questioned where the funds will come from and are there restrictions on the funds. Noel Anderson, Community Planning and Development Director, explained that the sale of property policy has two divisions to it, the regular portion and the 657A. Funds come through housing assistance or bonds. He further explained the incentives that could be offered along with some examples of properties that have utilized the policy. Mayor Hart requested an overview of the dilapidated house portion of the 657A program. Noel Anderson explained that the 657A policy allows the building department staff to identify homes that are able to be rehabilitated. The homes are then put out to an RFP process where bidders identify how they would rehabilitate a home. Incentives are then offered to assist with the rehabilitation. Jim Chapman, 224 Bertch, commented that he talked to the lady at 210 Williston did file a claim with the insurance company and it was denied. She stated that nobody from the city came to look at the hole and that nobody talked to the plumber. Mr. Joseph Hart, 400 Charles St., explained that his neighborhood has several concerns. One concern are break-ins on Oliver and Charles Street. One other concern is snow removal. His neighborhood has not seen snow removal. He further questioned who to contact about speed bumps and if parking is alternated to assist with snow removal. February 11, 2019 Page 2 CONSENT AGENDA 145842 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated February 11, 2019, in the amount of $1,589,149.20, 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. 2019-73. 2. Resolution approving the request of Kenyatta Draine for tax exemptions on the construction of home improvements valued at $141,000 for a property located at 2125 Plainview Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-74. 3. Resolution approving the request of Shane R Bethany for tax exemptions on the construction of home improvements valued at $26,000 for property located at 1 040 Cottage Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-75. 4. Resolution setting a date of public hearing as February 25, 2019 to approve a request by Dan Hillman on behalf of Gene Waltemeyer for a rezone of approximately 2.149 acres from "M- 1" Light Industrial District and "M-2" Heavy Industrial District to "M-2" Heavy Industrial District for future redevelopment at 94-98 Vinton Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-76. 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 14, 2019 and date of public hearing as March 18, 2019, for the FY 2019 University Avenue - Phase 2, from Midway Drive to Greenhill Road, Contract 934, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-77. 6. Resolution approving preliminary specifications and bid document, and setting a date of bid opening as February 28, 2019 and date of public hearing as March 4, 2019, for the purchase of one (1) 2019 small extended cab, 4 x 4 short box pickup truck, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-78. n February 11, 2019 1 a. b. c. d. e. f. g. h. i. 9. Resolution approving request to seek proposals for design and installation of security cameras at the Park Avenue parking ramp. Resolution adopted and upon approval by Mayor assigned No. 2019-81. b. Motion to approve the following: Page 3 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Ryan Anderson, Joe Schaefer and Michael Bearbower - Sewer Maintenance; Allen Fecht - ICT. Iowa Water Environment Association Collection System Conference/Review Session and ABC Collection System Exam Marshalltown, IA March 8, 2019 $560 Forrest Graves, Foreman, Todd Gaede and Justin Gaede- Sewer Maintenance Iowa Water Environment Association Collection System Conference Marshalltown, IA March 7-8, 2019 $390 Pat Treloar, Fire Chief Iowa Association of Professional Fire Chiefs Spring Conference Ames, IA April 3-4, 2019 $180 Chris Ferguson, Fire Marshal Arson K-9 Recertification Bismark, ND June 3-7, 2019 $920 Aric Shroeder, City Planner and Adrienne Miller, Economic Development Specialist Main Street 2019 Board Lunches Waterloo, IA January - December 2019 $120 Wayne Castle, Associate Engineer Society of Land Surveyors of Iowa Annual Conference Ames, IA March 7-8, 2019 $400 Abraham Funchess, Human Rights Director 2019 National Community Reinvestment Coalition Annual Conference Washington, D.C. March 10-14, 2019 $2,545 Keith Kaspari, Airport Director CY-2019 Cedar Valley Coalition Trip Washington, D.C. April 29 -May 1, 2019 $1,800 Angie Fordcye - Community Development Coordinator, Anita Merfield - National Community Development Association 50th Annual Conference Jacksonville, FL June 17-23, 2019 $2,840 February 11, 2019 b. c. Page 4 Blessed Sacrament Church, A Liquor New 2/20/19 x 650 Stephan Avenue *5 Day* The Broken Record, 315 W. 4th Street C Liquor w/Outdoor Service Renewal 1/20/20 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Jim Petersen Memorial Hall Commission 12/31/2021 Re -appointment Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145843 - Schmitt/Amos that proof of publication of notice of public hearing on 2018 Remedial Actions Phase IIIB, Contract No. 949, as published in the Waterloo Courier on January 28, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145844 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145845 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-82. 145846 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-83. 145847 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $535,314.00 RirlA r Rirl Caonrity Rid Amrnint February 11, 2019 Page 5 approving the contract, bonds, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-84. 145849 - Amos/Schmitt that proof of publication of notice of public hearing on FY 2019 CIP Pipelining Phase IIIC, Contract No. 962, as published in the Waterloo Courier on January 28, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145850 - Amos/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145851 - Amos/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-85. 145852 - Amos/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-86. 145853 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $452,467.00 Bidder Bid Security Bid Amount Insituform Technologies USA, LLC Chesterfield, MO 5% $474,369.60 HydroKlean Des Moines, IA 5% $402,210.90 SAK Construction O'Fallon, MO 5% $443,437.70 Municipal Pipe Tool Company, LLC Hudson, IA ° 5 /° $377,252.75 Visu-Sewer Inc. Pewaukee, WI 5% $397 558.00 Voice vote -Ayes: Seven. Motion carried. February 11, 2019 Page 6 that proof of publication of notice of public hearing on a request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway., as published in the Waterloo Courier on February 1, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145856 - Morrissey/Amos that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145857 - Morrissey/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 45 East Airline Highway", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 145858 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. Noel Anderson explained that he is not aware if there is an urgency to move the project ahead. Michael Maloney, 45 Airline Highway, explained there is no urgency but would prefer to build sooner than later. RESOLUTIONS 145859 - Schmitt/Amos that "Resolution approving request for Release of Reversionary Rights pertaining to a Development Agreement with Nermin and Manulea Okanovic, for the construction of a residential building addition and conveyance of a portion of a public alley, located at 1409 West 11th Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-88. 145860 - Schmitt/Amos that "Resolution approving the award of asbestos survey services contract in the amount of $8,100 to Hawkeye Environmental of Solon, Iowa for properties located at: 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2nd Street, 411 E. n.1_ n.____. ^1nn [TT 1 A.l_ C1. ____. 1,11 ri 1 Ann r, 1 C1. ___ _. 1 Ann February 11, 2019 Page 7 Mr. Morrissey questioned the cost sharing for Cedar Falls vs. Waterloo. Jamie Knutson, City Engineer, explained that the city's portion is $703,000. The reason it is so much more is because it includes the left turn lane at the intersection with Midway. Resolution adopted and upon approval by Mayor assigned No. 2019-90. ORDINANCES 145862 - Morrissey/Amos that "an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, regulating the sale of fireworks", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. 145863 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Six (Jacobs, Morrissey, Feuss, Klein, Schmitt, and Juon). Motion failed. 145864 - Morrissey/Amos that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Klein, and Juon). Motion carried. Myke Goings, 1203 W. 2nd Street, explained that his comments last week were in no way meant to be construed as disparaging to the Waterloo police officers. He also provided further clarification of previous comments he has made regarding the ban of certain fireworks. Mr. Feuss read a letter from Jeri Thornsben-y, 704 Sheridan Rd., who was unable to be physically present at the council meeting. Her letter explained reasons she does not support the ordinance and wants fireworks to be banned in Waterloo. Justin Bartlett, 2019 Crossroads Blvd. with Crossroads Fireworks, explained that he supports allowing a few days of usage because it allows those that want to enjoy fireworks and obey the law to have the ability to set off fireworks. He stated that he has a store in Bettendorf and they allow a few days of use. He believes that their ordinance has been a good solution for their community. Todd Obadal, 124 Amity Drive, stated that he believes that the council needs to listen to the concerns of citizens and not adopt the ordinance. Mrs. Juon commented that she is conflicted on the issue. Personally, she opposes use of fireworks and that the only people who have contacted her are against fireworks. She stated that she will continue to vote against the ordinance and that if someone supports the ordinance they should contact her. February 11, 2019 Page 8 Kelley Felchle, City Clerk, clarified that the portion of city code that deems chronic firework abuse as property nuisances is actually located in a separate section of the code and is not included in the ordinance change currently being discussed. Mrs. Klein commented that the increase in the fine is a moot point as only one citation was issued last week. She explained that she has heard overwhelming from her ward that they want fireworks banned and that she will vote against the ordinance 145865 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. 145866 - Morrissey/Amos that "an Ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections C, D & E to Title 8, Chapter 4, Section 7, Establishment of Storm Water User Fees", be received, placed on file, considered and passed for the third time. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. David Dryer, 3145 W. 4th Street, commented that he has not yet received the report he requested showing how the $1.7 million dollars has been used, and encourages council not to pass the amendment. Todd Obadal, 124 Amity Drive, commented that they learned recently of a sewer refund that went to Regions Bank for $20,000. He stated that those who do not use city services should not be required to pay fees for the infrastructure. Mr. Morrissey explained that he does not support the ordinance Ordinance adopted and upon approval by Mayor assigned No. 5482. ADJOURNMENT 145867 - Morrissey/Amos that the Council adjourn at 6:30 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 7, 2019 at 5:30 p.m. in the Harold E. Getty Council Chambers to approve the FYE2020 budget and instruct the City Clerk to publish said notice. City Council Meeting: 2/18/2019 Prepared: 2/12/2019 REVIEWERS: Department Reviewer Action Date Weidner, I ic.1 .Approved ?/13/2019 ... 10:30 .A. Clerk Office i p i ap"by, N an .Approved 2/13/2.01.9 ... 10:54 A.M. SUBJECT: Resolution setting date of public hearing as March 7, 2019 at 5:30 p.m. in the Harold E. Getty Council Chambers to approve the FYE2020 budget and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer The annual budget is required to be adopted and certified with Black Hawk Summary Statement: County and the State of Iowa by March 15, 2019. The budget estimate must be published in the paper ten to twenty days prior to the budget hearing. Policy Issue: Alternative: Approving the publication of the budget estimate establishes the maximum tax levy rate and maximum expenditures by program for the fiscal year ending June 30, 2020. The levy rate and expenditures by program can be reduced from the published budget estimate, but cannot be increased. According to the State Department of Management, if the budget isn't certified by March 15, 2019, the state would set the city's property taxes at the same amount of property tax dollars as were certified for the current year ($38,984,631 plus utility excise taxes of $1,453,660). There would likely be an audit finding regarding noncompliance with state law regarding budget deadlines also. Page 17 of 195 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 4, 2019 on the proposed issuance of not to exceed $10 million General Obligation Bonds, for essential corporate purposes, and instruct City Clerk to publish notice. City Council Meeting: 2/18/2019 Prepared: 2/13/2019 REVIEWERS: Department Clerk. Office Reviewer Action Date Weidner, I ic.hel ie Approved 2/13/2 ... 1 p :00 A N4 ppi p"hy, Ntangycy Approved 2/13/2019.. 11 AM ATTACHMENTS: Description Type Council C°ofunru EC;pring Req. Ma 4 2019 Cave Memo SUBJECT: Submitted by: Recommended Action: Resolution setting date of public hearing as March 4, 2019 on the proposed issuance of not to exceed $10 million General Obligation Bonds, for essential corporate purposes, and instruct City Clerk to publish notice. Submitted By: Michelle Weidner, Chief Financial Officer ECP -1 - Not to exceed $10,000,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, and street light fixtures, connections, and facility improvements; the acquisition and installation of emergency services communication equipment and systems, including early warning sirens; the acquisition of vehicles and equipment for the Police and Fire Rescue Departments, including ambulances; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks and public grounds; the construction, reconstruction and repairing of street, sidewalk, trail, alley, public ground, marketplace, bridge, pedestrian underpasses and overpasses, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding multi -family housing assistance; and costs of the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System. Page 18 of 195 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: We are planning to sell general obligation bonds for a number of general purposes this spring. The new principal amount plus interest will be required to be repaid in the future. Repayment will be made from various sources, including general property taxes and tax increment revenue. The issuance of bonds commits the city to future repayment. The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would likely increase. For example, a number of the planned projects have been mandated by regulatory agencies that could have financial implications if the projects aren't completed as required. Page 19 of 195 Mayor QUENTIN HART COUNCIL MEMBERS ..... ............ MARGARUT Ward / BR 1_1(7E, JACOBS Ward 2 PATRICK MORRISSEY Iliard 3 JERON/IE AMOS, JR. Ward RAY VT,USS Il'ard 5 SHARON 1 VON /If -Large S FIN [`.. SCIIMITT Ai -Large CIIT CL AFINANCE DEPARTME 11T KELLEY FELCI-ILE 0 City Clerk .MICIIELLE WEIDNER, CPA Chief Financial Weer Council Communication City Council Meeting: February 18, 2019 Prepared: February 13, 2019 Dept. Head Signature: Michelle Weidner Number of Attachments: None SUBJECT: Submitted by: FYE2019 Essential Corporate Purpose Bond Issue Hearing Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt a resolution to set the date of hearing as March 4, 2019 on the proposed issuance of the following bonds: Not to exceed $10,000,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, and street light fixtures, connections, and facility improvements; the acquisition and installation of emergency services communication equipment and systems, including early warning sirens; the acquisition of vehicles and equipment for the Police and Fire Rescue Departments, including ambulances; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks and public grounds; the construction, reconstruction and repairing of street, sidewalk, trail, alley, public ground, marketplace, bridge, pedestrian underpasses and overpasses, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding multi -family housing assistance; and costs of the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 20 of 195 Council Communication FYE2019 Bond Hearings Page 2 of 2 Summary Statement: We are planning to sell general obligation bonds for a number of general this spring. Please note that the hearing amount indicated is being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. Background information: A general listing of projects planned to be completed using bond proceeds authorized by this hearing will be provided prior to the hearing date. Additional hearings will be held at a later date for projects that are classified as general corporate purposes. Page 21 of 195 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 21, 2019 and date of public hearing as March 25, 2019, for the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. City Council Meeting: 2/18/2019 Prepared: 2/17/2019 REVIEWERS: D epartment Code is ibrcement ATTACHMENTS: Description 2019 Mowing SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer Even, 2, p.,eAnn Action Approved Type Cove Date 2/13/2019 ... i p :50 AM Resolution approving preliminary plans, specifications, form of contract etc.,. setting date of bid opening as March 21, 2019 and date of public hearing as March 25, 2019, for the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. Submitted By: David R. Zellhoefer, City Attorney Approve specifications, etc. and taking of bids and set the date of bid opening and hearing. It depends on what the upcoming contractor bids. Code Enforcement Other Contractual Services Line Item 525-15-5125-1390 Page 22 of 195 REQUEST FOR PROPOSALS — 2019 COMPLAINT MOW1NGS WITH CO PLAINT SNOW EMOVALS The City of Waterloo is soliciting proposals to provide equipment and labor for mowing of City of Waterloo complaint properties and removal of snow from complaint properties (the "Services") on a scheduled or as -needed basis. All proposals shall include a complete price quote Conditions governing the Services are contained in Exhibit "A",, the proposed form of Contract, attached to this RFP and by this reference incorporated herein, A. SUB ITTI G AND OPENI G ,m1ROPOSALS l' All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, March 21, 2019 at 12:00 noon, Central Time (our clock) in order to be considered. The City Clerk's office is iodated at 715 liulberry St., Waterloo„, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted, The mailing container or envelope shall be, plainlymarked di the outside With the notation 'SEALED RFP FOR 2019 MOWINGS A 0 SNOW REMOVAL,'" and the name of the company submitti g the proposal. The City is not responsible for delays occasioned by the U.S. Postai Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals 'will be retained i the RFP file, unopened. o responsibility will be attached to any person for premature lopening of a proposal not properly identified. Proposals will be omened on Thursday, March 21, 2019, at 1:00 pm„ CentreI Time in the City Clerk's office at City Hall, 715 :1-',utberry Street, Waterloo. The main purpose nt this opening is to reveal the arre(s) or the Proposer(s), not to serve as a forum for d,etermining, the awarded proposai(s), B. SCOPE OF SERVICES Services to be performed by the successful respo,nde t (the "Contractor') for the City will be those described in the form of Contract attached hereto as Exhibit 'A" and the Specifications,, which generally include but are not limited to mowing ,cornplaint properties on an as -needed basis, ,and removing snow and ice from ,complaint properties on an as -needed basis, C. REQUF,ED INFORMATIION: See the Waterloo Code Enforcement Iepartment bid 'form. All bids must be submitted on said bid form. 2. important Except° s to Contract Docu, ents — The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the Iminimum proposal requirements, and any exceptio $ to the ter s and conditions of this RFP„, Such exceptions or deviations witi be co sidered in evaluating the proposals. Companies are caulk) ed that exceptions taken to this • Far'" may cause their proposal to be rejected„. 3. Incor plete Information — Failure to complete or provide any of the information requested in this RFP may result in disqualification by reason of non-responsive ess. Page 23 of 195 D. AWARD OF CO TRACT 1. Final :selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is Imostadvantageous and offers the greatest overall value to the City oflAraterloo with regard to the criteria detailed and the .specifications set forth herein, The City will evaluate proposals in light of all factors it considers relevant, includi g but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of anim ls, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP, The City reserves the right to accept Or reject any or all proposals and to waive any informalities or irregularities, in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer, The City reserves the right to defer accepta ce of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an "all or none" propose, on individual responses, or as is otherwise deemed to be in the best interest of the City„ 4. A Proposer's submission of a proposal constitutes rts acceptance of the Citys evaluation technique described in this, section and its recognition and accelotance that subjective judgments will be used by the evaluators in the evaluation. 6. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the '''Droposer will be required to enter into a written :contract with the City that is substantially in the formattached hereto as Exhibit A. 7, In the eve t a contract is terminated between both parties for any said reason, the City of Waterloo will award the co tract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the City 'Clerk's Office on Thursday„ march 21, 2019. E. SCLLLANEOUS 1, Questions regarding Code Enforcement will be directed to Maria Downing in the Code Enforcement Department 319191.3820, Monday through Friday from 7:00 a.m. to 3:00 pm 2. This Request for Proposal does ot commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. F. GENERAL TER S AND CONDITIONS QF PR•POSAL LANGUAGE, WO:710$ use twrigRcHANGEABLY — The word CITy refers to the CITY OF WATERLOO, IOWA throughout these Instructions :and TerMS. and ConditIOnS. Similanly, PROPOSFIR refers to the person or company submitting an Offer to sell its goods or services to the CITY, and CONTRACTOR refers to Me successfui bidder 2. pROPOSR QUA,kuFjCATIQN§, - No Proposal! shall' be accepted frocril and no contract wilt be awarded ko, ,ariY person., firm of corporation that. ks in arrears to the City upon debt or contract, that IS a defaalkor, as, .surety o otherwlse, aeon any oblig.ation to the City, orthat iS, deemed Irresponsible or Uere'hable by the. City If requested, Proposers shall be required to submit satisfactory evidence thrlt thqyli.Ij pr kRowlcodge of the partrkWar supptyiservice proposal ,anit Mal they :have the necessary BMW finoricjar resources to provIee the proposed supplyiservice,! as described in this Request for Propos,a1„ 3... SPECIFICATION oBvtATioNs BY THE P JOPOSER. Aly deviation from this specification MUST be noted rn deoI.and submitted in writing in the Proposal', Completed specifications, :should be attached for any .,substitutions ol'ed, or when amplifications are desirabVe or necessaty. The absence of the specification deviation staternent and accompanying :specification:6 wilt hold the Proposer strictly accountable to the specifications as written herein.. Failure to submit this document of specification deviation, if applibabie ;that' be grounds for rejection of the item when offered for O,erivert. If specifications or descriptive papers zOk4. subrzlit060 wRh Proposoisj the. Proposer' s no.me should be deai ly. shown on each dkX:urnerit R.FTP ,X7...SNOW StA 6'24 of 195 8. SPECIFICATION CHANEADDITIONS A,NP, DELETIONS - A 1 changes In Proposal documents shall be throhigh written addendum Verbal information 'obtained otherwise will NOT be considered in awarding of Proposals. PRQMISAL CHANGES - Proposals„ amendments thereto, or withdrawal IrequestS received after the time advertised for Proposal opening, Will be void regardless of when they were mailed. HOLD, HARMLESS 4gSEEMENT - The Contractor agrees to !protect, defend:, indemnify and hold harnitess the, City of Waterloo, its officialls, officer st employees and agents, '6.001 and against any and all claims and damages of even, kind anti nature made, rendered or incurred by or in behalf of every pemon or company !whatsoever, including the panties hereto and their employees, that may arise „ occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractedor any independent contractors wOrking under the direction of either the Contractor or Subcontractor r he performanoe of the contract 7 PROPO$A1, igVIRIRENCY/LANiGUAQg -AHpropeSal prices shall be shown In US DoltarS ($). All prices must remain firm for the duration etif thecontract regardless of the exchange rate. NI proposal responses Mu:St be !sperninted in English. 8, pArggpris- Payments viabe made for ail goods/services delivered., inspected and aCidepted within 30 days after acceptance ano on receipt of an original invoice.. 9, ,MQ,DIFKAJMN:, A ENDA 8 INTERPag',LATIQta Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be imauited into by the Proposer in writing at least 77 hdurs (excluding weekends and holidays) prior to the tirrie set for the Proposal opening Any and all such interpretations or MOdifications will be in the form of written addenda, Alt addenda !Shalt become cart of the contract documents and shall be aCttildwiedged and dated on the signature page. ICI. LAWS AN RE$Ufl9j NI applicable State Of [Owe and federal laws, ordinances, licenses and regulations of a governmental body baying Jurisdiction shall apply ID the award throughout as the case may be, and: are incorporated herein by referent*, 11. SUBCONTRACTING No porion of this Proposalmay he subcontracted without the prior written approval by the City, 12. ELECTRONIC MITTAL- Telegraphitt and/or proposal offers sent by electronic devices fel, 'facsimile machineS) are not accepta.bie and will be rejected upon receipt Proposers will be expected to allow adequ„ate time for delivery of iheir proposal either by airfreight, postal service, or other means. 13CANCEL ,6,Erjg,„„„„„, - Either party may cancel the contract in the event teat a petition, either voluntary or involuntary, is time rano Othof party bankrupt rrr iT01501)*10, Or 45, the event that, such party makes „an assignment for the benefit of creditors., 14. ASSIGNMENT - Proposer shall not assign asiqrrthe contract or any monies to become due thereunder without the prior written consent of the City Any assignment or attempt at assignirrienit made without such consent Of she City shall he veld. 15... TAXES The City of Waterloo is exempt 'from sales tax and certain other use taxes... Any charges Ike taxes from which the City is exempt will be deducted from invoices before payment is made - 1 IS„ PROEQSAL INFOR ATION I ,— All dlocuments submitted with any proposal and the proposal !shall become public documents .and Subjeiot, o tchva Code Chapter 22„ which is otherwise known as the "Iowa Open Records Law'. By submitting any document to the City of 'Waterloo in connection with a atropotati the !submitting party recOgniZeS this and waives any claim against. the City of Waterloo and a riy of its officials, officers and eMplOyees relating to the release of any doCument or information submitted Each submitting, party shall hold the City of Water 00 and Is officials, officers and employees harmless from any Claims arising from the release of any docOnnent or informatan made availlable to the, City ef Wrnerloe arising from any proposal Opportunity RH, FOR MOWING it. SNOWi rSFAZ.V"K:F! 2.1)17 pPage125 of 195 1g2S.1-10BIT A CONTRACT PROMS] NS C1].1( (I)I 17...NIFOR.C'::EMENT DEPARTMENT (0NTRACT for 2019 (lOMPLAINT MOWING NALIFF COMPI„AINT SNOW REMOVAL l'hs Contract fitt Complaint it/owing and Snow removal (the "(ontract') is made r.ind entered on , 20'19, by .ind between the it of \Waterloo, lowa (the "(ity"), and (the -Ci/lttractor"). 1 'he Coniracior s 1 film ish a II:1 supervision, technical personnel,. labor, III aterialls„ supplies and equipment to pert:brut all ‘vork required fOr the C:on.trael work as described in the Specifications_ The Contra.ct Documents shad consist of the following: This Contract h. R.equest for Proposal s Notice of !tearing Instruction to Bidders e- Signed copy of Hid General Conditions SpecilleatiOns These (IOC LI] iCfl 15 fi.:107170 (...'.:ontract 17.)oeu.thents and are: all ftilly incorporated as a part of this Contract as if tin:ached to this Contract or set forthin full hereinin the event of...any conflict. (.)r 41..robiguity among the Contract Dipcu.ments,, the d.octutterit in .th.e 4.....irder set fi...irth..above that tlrst addresses the issue or provision in. question :shall be govern_ 3.. The Contractor agrees to cornnience the work. within twenty -frau (NO hours after the City issues a 'Notice to Proceed" mid to com.nlete the work within the given ti left -ante. Time is of the essence in the perfOrmance ofdoties und.er this C:ontract. The Contractor also agrees to the following a) Contractor will remove ai hiler. garbag.e, or jnnk on vacant lots and./or vacant properties that would he cause the Contractor not to be able to foifi 11 the obligation of weed/grass or snow reineival .attheir own cost - b) Contractors will abide by ordinance sections 7-1.-2130) Contractors Nv ill not be permitted to trans.fer stiow onto Or across any city street or alley. In. t.he event stiew is transferred into the street, it shall be re noved by the Contractor_ b. 7-1 -211.' Contractors will 'nt:n. he perinitted to blow weedsigrass onto or acii.).s.s ttny street or allev :rithe event weeds/grass is transferred. into the street it shall be remoNed by the C.:!t..nnraetor R0,13111CSE FOIF Proposals::: Maywing aid SWAY- ReMCNIA SerViCeS PliTpC*441 (.."01111:n10.— PagC Page 26 of 195 nWPWROARIAMIMMIIMIllmwommwromwErmumeramoommmo c) Cool ractors sh, 11 has all weedsigrass taller than 12" in residential areas a. d dispose of the rubbish properly. I)isposal .C4111 be done at the City o:[ Waterloo Yard Waste Site located ttt. 2749 Independence Ave., 'Waterloo, Iowa.. d) Contractors are not to mow or tri owers or ga.rdens unless specified by the (::ode Enforeernent Department.. e) Contractors will 'trim around all trees. telephone poles, fences, structures, curbs and on the backside of alleys. 1) Contractors triust have a eatnera that will thine stamp aind date photos. Photos fliviist be taken of the property be lore work begins and when the work is finished, gJ Comf actors will provided with a yardstick that mast be used to 'measure the. length of the grass in ea.ch set of photos .taken while at a property,. h) The, City of Waterloo iill not be obligated to pay the f II amount...for referral work when all necessary photos required by the Contractor have not been turned into oar office. i) In the evf.mt the Code Enfitrcentent Department ..finds that the Contractor did not fulfill its obligation, the t.,..ntractor 'willbe required. to go back to the property at no additional cost lo the city or owner of the property. JO During :snow rtitrit.tvitt, the sidewalks will be cleared the ‘vidth of the :sidewalk and to the concrete unless COiprevents such removal., In the event the ice is unable to be removed the Contractor will be required TO lay down sand„ .salt, or a mixtirre al both k) Charges for sand, salt or both wifl be determined by following: The owner shall be charg.ed 1 .for any amount (.4 salt that needs to be used to assist in the rentoval of ice 'front time sidewalk. iter resid.ence. If the property is li,icatedon a corner lotthe owner of the property shalt be ettairt..ted $30 tOr any amo nt e.if salt that needs to hcused to assist in the removal of ice from the sidewalk provided that ice removal is needed on belt]] sideiwalk.s. 1) Contractor shall renxive 11 involuntary vines, brush,or trees along .any fence and the portion. „1„„ al propertywh to the alley ert referral is given. by 'the Code 'Prn itfOrceent. Department. ) The owner shall.be, charged. one amount of 15 inutes travel time. in addition to all rather fees applied per referral. n) .Properties Iunid in compliance upon arriva.1 of .eontractor, will not result in additional charges to the City of \Vaterloo front the Co tractor„ 1...tniess prior approval has been given, the City of Waterloo will on13., be obligated to pay tn the work of two people per referral. 4. The Contractor agrees to coniply with, and obey all ordinances of the City or Waterloo relating to the obstrild ion of streets itild ii less, keeping open passageways for Water and traffic, and nutitilithUtg pruner i d sufficient barricades with lights and signals during all hours of darkness. 5,, .E.Neept as to .any negligence of City, its officials, officers, entployees or agents in the performa.nce any duty under this Contract„..and to, the extentnot covered by insurance maintained by Contractor, (oraractor agreesto defend and inderrtnify CIty, its officials oihccrs, employees and agents, iid to hold .sarne harmlessfrom 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 411i 1,:;;;(yrineetion with the acts or o issions of (....oirtra.etor 1 perfitrming the work contettrphned by this. Contract O. Contractor shall be responsible for all dainage to public or private property., IF pubiie or private property is damaged by Contractor and is not repaired in a. tintely rna.nrier as detennined hy has the option: of having the da tage repaired .a.t. the Contraetor's ,expense, to be reimbursed to the City or withheld front haute priyinents to Contractor hereunder. BMspest For Propcoorim Mowing and :Snow Removal: 5r LC Proposed Centrum. P2me. 2 Page 27 of 195 7. '17,he Contractor shall have no ause ,of action against the City on account of delays and prosecution of xork, but the work is delayed by the City„ the Contractor may have extra time for the completion of Job as vvas lost by reason of the delay caused by the City. , The City„ at its sole discretion and without waiving any clairris or rights, linty allow far partial pay tent ftir the work included on an invoicefbrwhich all services have not 'been delivered or accepted.. The City [nay withhold payntent for reasons including,. bin not [Minted to„ the following: tmsatisfactoryjoh perfOrmance or progress., defective work, disputed. work, failure to comply v inaterial proivisions orate (":."ontract„ third -party Olaints filedor reasonable evidence that a claim will be 'filed, 0r other reasonable ctuisie 9„ In the event that Contractor defaults in die performance or observance of arr covenant, agreement or' obligation set Roth in this C,Ontract„ 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 thatractor is in default hereunder and 'may terniinatti this. Contract by delivery to Contractor of 'written notice of termination, and/or take wtratever other action at law or in equity may be .necessary or desirable to enforce the obligations and covenants of C.',aritractor hereunder, (..'.'",oritractor shall be emitted to only orte such notice, and in eonnection. ',withany subsequent breach then City may term inate this 'Contract upon seven (7) daysadvance written notice. In the event of termination, the Contractor shall be compensated .for all necessary services perfOrmed through the termination date. No ideayin entbreing the provisions hereof as to any brekch. or violation shall 'itnpair, damage or waive the right of C"itly to enforce the same or to obtain. relief against or recover for the continuation or repetition of" such breach o1 . violation or any similar breach or vitikition thereof at an t:y later time or tittles, In the event that City prevails against. 'Contractor in a suit or. other enforeernent action hereunder., Ciantractor agrees to pay the reasonable attorne,ys' ..tees and expenses incurred hy City. 10. in addition to paragraph 9 above, this Contract fluty be terminated at any time, in whole or in net1. upon the .muntad. written agreement of the parties. City may also choose tO terntinate this Contract at. any timc without cause by delivering to Contractor twenty-one (21) days' advance vvritten notice of termination. 1 I ("cm.tractiir nary not assign, delegate or subcontract any of its duties hereunder without the prior written consent of Ciiy. ccause ti ,e is 4)11,great itupo ARCO Wen 420, ypicting referral wOrk,, the Contractor mut notify the (:"..ity of Waterloo, at least two (2) weeks in advance including who will heflUirig h for them for any planned ti off. 13,. Any notice under this (2ontrac1 shall be in writing and shall be delivered in i:ierson or by t n he'd States registered Or certified mail, IxIstage prepaid and addressed: City Contractor City of \Vaterio(,),1()Nva 715 '.Nitatberry St. 'Waterloo, lowit 50703 Attn: City Clerk, Delivery of notice shall be deemed to occur ( on ihe date of cictivery when delivered in person, or(ii) three (3) bush -Less days lid kkwing the date of deposit if mailed as stated above. Reeprea SnOW R.CM(YV4 SerVICC,S.— PrOpt!11".5.4d ttOrnrad,-- Page.; Page 28 of 195 14. Nothing in this .Contract shall,or shall he deemed tir construed to, create or citEnstitute any joint venture, partnership., agency,. (,•!tniployinent, ,or any miler relationship between the parties nor,. except'kIS expressly set ,Earth herein, to create an,),P liabilitylor one party with res.pect to the liabilities or. titil.igations of the other piiirty or any other person. Contractor is an independent Contractor,. 15. This Contract shall he binding !upt)n. an.d i ure to the benefit of the parties and the respective successors and assigns of eack 16. In the ,event any provision of this Contract is held invalid, illegal, or unenforceable, whether in ii,vholc or in part, the reinaining provisions cif this Contract shall riot be affected thereby and shall continueiii 11111 force and effect. If, .folan.y :reason„ as court. .finds that any provision of this. (11ml:tract is nvalid.„ illegal, Of Linen Elarceahle as ,iarritten., hut dun by litaiting such provision. it would become valid, legal, and enforceable, then such provision shall be deemed to he written ii.nd shall be ,construed and enforced is so limited, 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject tinatter hereof This Contract iiiay not be modified .or antended except by the must.traf .written gigreenient tyl the parties, ,eonsideration of the 1E011 ectinpliance on the part of t.he Contractor With ;a111 the provisii)na, stipulations and contlitionshereof, or contained. in the various instruments made .a pail of this Contract byreference, and upon. completion and acceptance of the work, the City agrees to Iniy the Corttraettir as so. forth on :Exhibit "N' attached hetaito, EN WITNESS WHEREOF, the parties have executed this Contract for Complaint Mowing and iinw Removal by their du l authorized representatives ;as of the date first sei folith, above, (211'Y OF WATERL(i)o, IOWA (.7.1:yNTRAc1 oR. Mayor Clerk . . Nanie '1,::0111(.113'aCtOr By: Request For Pi arrosrds.:.. lkdomirni! and SnOW IRCMOVIA SerViCeS PrOpOSCd OnOraCt rdigC 4 Page 29 of 195 CITY OF WATELCI„000, 'IOWA FINFORCEMENT1DEPARIIMENT NI:LT10E OF 0 Pro,pwied. Specifications and the NOTICE TO BIDDERS for 2.019 COMPLAINT MIIWINGS WITH C0f),1110i) „AIN." SNOW REMOVAL., ILECEIVIING Sealed proposals will be received. 'by the City C1,1erk of the City of Waterloo, lowa at her office in City Hath 715 'Mulberry S. Waterloo, lowa„, on or before. 717.hursday„ 'March 21.„ 2018, until 12:00 N00N for the 2019 COMP .A T OW IIN6S 'WITH COMPLAINT SNOW REMOVAL, as ,deseritaall in the plan arid specillicatio s now on file, in the City 'Clerk's ()Bice and the Code Enforeetnent Department OPENING 0E1E116 All proposals ,recellYned fer the 2019 COMPLAINT MOWINGS WI H COMPLAINT SNITIV REMOVA„I„, will be ripened hi the City Cflerk's .Office in Ch y Dalt ),,Vaterloo„ 'Iowa, on 'Th.arsday, March 21,20,19,. ,a1 11:09 and the proposals will be refenied to the Code Enforceinent Department 00)r recommendation of award.. EIKAFILING Notice is hereby '"‘„00,iv0ini, that the Waterliv, City Council will conduct a public hearing on the proposed spec ificatitms and .form of contract for the 2019 'COMPLAINT MOWING WITII CO; SNOVil R11,,,,,MOVAL at the City Council 1)(ltirte,„ Monday,..11Harelt 25, 2019. The .bearing will be held in the City Council Chtiank,ilers in Water-1cm. City 1 The contract documents are on file in the City: Clerk's office, 715 Mulberry St, and the Code EinfirreementlIepartnnent„, 626 Mulberry Street 'Waterloo,. Iowa cot public exitminatiort.. A y person interested..nia),00 ale written objectionwith the City (lerkbefore the date set ,for tbe hearing or appear and make objecticirt at the meefing„ SCOPE OF WORK The Contractor shall provide0111 [allot, equipment and materials necessary to mow anclIior remove snow from the designated areas in accordance with these specifications, CONTRACT' R11101). °the period, of time coveredunder this proposed contract shrill he approximately April 15, 2019, through March 31,, 20211). PROPOSALS SUR ITTED All bids must he submitted on fornis supplied by the Code ,Entiarcement Department, The bidder :shell bid on a per unit price WI 11 EA,CIL "'Option" treated as a separate unit) as shown on the Bid Form, Each unit should be bid as stand-alorte, item and ,not merely as a component of a total bid package that includes all ,optilota.) together. BUIL R 11,E11) ll bids must be, acconipanied, in ,a; separate envelope,„ by a eerti tied cfr cashier's lieck draWn on an Iowa bank chartered under the laws of' the 1 Jnitcd States or the State of Iowa, a0certi lied share draft0drawn on a Credit Ill nion in lowa chartered under Ole laws of the filnited States or the State of Iowa, or a bid1bond payable to the City of Waterloo, Iowa, in the .5u01. of .Ilifteen Hundred Dollars (S1,500.04)), .which certified ,eheck, certified. share (Irritt, Or bid 'band Voill be held as security that the Bidder wi 11 enter into a Cfantract For the mowing, and snow ,rernoval w,ork. and v1l furnish the required bonds„ and in case the successful bidder shrill fail or refilse to enter bat) the, (1..lontritel and f .rnishthe required bonds, the 'bidsecurity ma y0 be retained by said Clity as agreed fiquidated damages, lf a bid bond is used, it "mist be signed by boli the bidder and the surety or the surety's agent, Signature cif surety's agent, tust0be supported by accompanying. Power of A„Itorney. 10 f11.(17: -1"0 Page 30 of 195 CONTRACT.' AWM!'.".D Code Enforcement [)epartment has divided the contract int() five (5) areas as indicated cin the Bid Form, Each is severable trona lite others ai1d "'lay be the subject ()fa separate contract. -Fhe City shall award one or 'rnore Contracts to the responsible 'Tdder(s) whose bid„ confonning to the Specifications and without regard to whether the hid is made on a per -optima or a total basis, is most advantagemis to the City, and the Code Enforcement 'Department price and other factors considered, The Ciiy. reserves theright. to aNvard a contract for any single Optical, any combination of (7,,tptions, or all Options 'together, 'The intention is not to award the contract tit the time of bid opening, hitt to award the contract after review of bids and bidder intbrntation. by the City and the Code Entbrcenient Department such that the awarti is made within thirty (30) days after hid open i ng. 'Ihe (lily reserves the right to wtiive anyn and all 'pans of a spec:ilk bid, 30Nit..t The successful Bidder shall 'furnish a Perfonnanee Bond, within ten (1,0) days after .notification of acceptantee of the bid, in the anaotnit of 'Twenty '711.10.1.1sand Dollars ($20„000..00)„, The Bdis to be issued by a responsible surety approved by the City (..lbuneiland shall .guarantee tite .faithful perfbrma ,ce of the contract and thie terms and conditions therein contained..and shall guarantee 'the pror.rpt payment of all materials and. labor and. 'protectand.. save harmless the City from claims of any .kind caused the 'operation of the Contta.ctor. AFFIRMAT.I.VE ACTION 'PROGRAM" The successful Bidder and any subcontractors will be required to execute and have approved an .A.ffinitiative Actions Program. or Lipdate befOre 'beginnng, 'vvork on the .project,„ if they have been awarded arl aggregate of 1.0,000 in city projects duri",g Oic current calendar year. MET"h:l'ioDupF PAYMENT 1'O CON'TRACTOR Payment to the conlrae10 u services perforrned shall be paid on a .itionthly basis. Payments shall ire. based on the actual number of acres rnowed during the previous period. A detailedhill of completed work must be meeived and approved by the Code I: iforcement "Department for Complaint Mowing with Complaint Snow Removal located at 626 Paulberry St, \Valeria°, .Iow It before pay cants will be made,. Actual number of acres ntowed. .prixast agree with numbers recorded by the ('ode Enforcement Department... 'Die billing :shall include; * Address of properties 9 Itiellrlires of properties prior to toow Mg/snow tent(tval * Pictures of properties when mowing/snow completed 9 Fence line pictures 01 neighboring properties, 'claitnitig damage protection) • Pictures to he dated & time stamped • A'rea (yr time billed to (depending on bid proposals) • Extra material used (salt) Publishedby order uI the City Counted ‹.)f said City of Waterloo, .low^a, on the 2019' .„„,.., . City of W2Iter100,1(..ivva„ 'Kiel ley Felile, City Clerk N()1,"TCE 131)E)1:::17Z.5 day of Page 2 of Page 31 of 195 erry OF 1 tIAXL IOWA CODE ENFORCEMENT DEPARTMENT INSTRUCTION TO BIDDERS 1 EXP :,ANATION TO BIDDERS Any e.xplana.tion desired h) a 'bidder regarding the tneanitig. or interpretation. of the Request...1bl- Proposals must be. requesited. in writing andwith sufficient time allowed for a reply to reach bidders belbre nsubmission of their bids. .Any interpretation blade will be in the .frirrn of an amendment of the Request: for Proposals a d wilI be 'fintni!shed to aH prospective biddersn 'his receipt h' the bidder put st be..tickrinowledged in ihe spa.ce rovidedon the Bid Form or by letter or telegrant received belbre the time set .for ,openirig of bids, ..;oral explanations or instructions given befOre the award of the contract will not be bin.ding. ILPR.O,POSALS SUBMIT ED A.11 bids naut he submitted on forms supplied by the Ctode finforcemeta Department. Before. sithrnitting a. bid, each bidder: shall :ca.reflilly read the specifications .a..nd, all other contract documents,.Fch bidder shall be fully intleirnaed„ prior to the bidding, as to ail existing conditions iintl limitations under wb Ch the vitork. is to, be performed :and shall include in ibis hid a sum to cover the :oust of till itaims necessary to perfOrmn t.hc work. a.s. set dearth in the contract docurrien.ts... No allowanee vstill be made to 4111.,:y" bidder because pf-laek of stiehexa..mination or knowlethte„ The subanis:51°n of a bid shall be construed as conclusive evidence that the bidder has made sueli extuninatnnicm. The 1) 14,1 attention is (firectedi to the, fact that .all applicable State Laws, C .14)3 I Ord nan c es and the oinks ,and r(,?;,0 I t ions of all authorit ies having jurisdiction over the project slhall apply to the Contract throughout tti(] they shall be deemed to be included in the Contract the same as though herein written out in 01 :„ATE BIOS AND N11),DIFICA1I0NS OR WITHDRAWALS Tids.a.nd rrmdifications or withdrintwals thereof receivedat the office designated in the .R.equiest 01 l'';Init)tx)sals. and MA:ice to Bidders after the exact time set .fbr closing of bids will not bc cot isidered.. tiowever, a modification is received .fitorri an otherwise successful bidder, t!'itridi 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, nBids may be Nvilhdrawn by 'written request received .frorn 'bidders prior to the time set fOr closing of bids. 111,13.1.„1,41,7 OPENINTTOLLBEDS Bids will be publicly opened at th.e specified Hine tind place for ()petting in the Request .for Proposals .and Notice to. Bidders.. Their content will be made public .1'11)17 the information of bidders and others interested Who may. be present either in personor by represergative. V. COLLIISTyc AGREEMENTS A. Each bidder sun brn i 1rti ng a bid shall execute .and inchide Nxith the bid, a Nis'Collusion Affidavit in the form herein provideck to linie effect that it has not colluded ii:vith any other perscm, firm, or corporation in regard to ally bid subniirted. INSTRUCT I ON TO. 1,31DDERS 1 ],.'f! 3 Page 32 of 195 13, Eachbielde.rsubnlittin.g a bid shall have each. proposed subccuritrachar„ if any:, excente. and include with file bid. a Non-Collesion A.:fTidavit in the :Ibrni. herein provided.. to thin effect that it has .rait colluded With any: other :person,. firm„ or corporalion in regard to .any hid .subinitted. Before executin a.ny subcontract, the successful biddershall subrnit the n.artie of any prciposed sulicontractor 1uripproiyal Dhy the City VI. MBI:lINE:DDDE CONTR.ACE CDOMPLIANCE PROGRAM All Bidders have the responsibility to eDoiriply with the City of N?Dilatericto MI3E/WI3D1 (D:cmtract Complia -e Program. CDity of \Vaterloci (..lontract (otnpliance: Rudy I)D. Jones, 1.)i:rector Community Developinent Board (20 Mtillbertv Street Suite 202 Waterloo, :Iowa 50703 (319) 29 Di -4,429 VII. li..MPLOYMENT ANI) IIIISINESS OPP()RTUNITT To the greatest extent feasible, suppliers, suboontractors, arid lioAD: income Nvorkers owning businesses or kDD:ing in thea Waterliu) irci naust be given priority in supplying materials, bidding liar subcontract wtirk, Dr::)r ppl,ying for emnpliiDynient by the contraeRir on this prriject., Opportunities for training and fbr employinent arising in coimection 'with this project, shall to, the gretilst iexterit feasible be made availa.ble to lover incorric persons residing in the projectare& "The project mei is the City of Vsiaterloo, 1"he Cily of DVDtaterloo will require the contractor to doctitnentltis efforts in scentinglciver income workers living; in. the project area rind in purchasing supplies front, and a.wardi subcontracts to, businesses owned b.).D: persons residing in the project area. VIU,:STATEMENT OF IDDID)DER'S QUIAL.IDEDICATIONS i.D.DD,iiich Bidder shall,. triton request: of the CudEnti,..)reement..Departirarent submit on the Conn furnished a saaterneryt of the 'Bidder's q vita ifications,, his/her experience record hi eionipleting the type of project proposed, mo] equipment av ilihk for :the work co templated; and when requested, a detailedfinancial staterrient. The (ode Enforcement 'Department shall have the right to take such sr:cpsas it: DrIcerns nettessiary to deteriMne the ability ofthe Bidder to per:form. obligations tinder :the Contract; and the ',Bidder shall furnish. the ("ode Enfereethent Depart:metft all sucli information and data for this purpose as it may request_ 'Die right is reserved to reject any bid where an Dinvestigatitut of the nADDallanle evidenee or inferrriation does not satisfy the Code En.fercerncrit Department :that. :the Bidder is qualified to carry outp0 the terns of the DCDDeittract, IX. ExcetrrioN OF A,C,DDREDl..EIMENDID,13.0X1) AN I) CD DICIFFICATE OF INSURANCE A,. bsequeot to the award and viDithin ten ( 10) days after the prescribed fornis are presented for signature, the tittecessful bidder shall eNeekite and deliver to the City, an agreement in the form, included in the contraCt dOc'Ornents in stick DDLIII1br 01 copies as the City, may irequire. DIDDI.1 la rig satisfied all cond.itions of trwarid as set firtlii elsewhere in these doeuractits, the successfill bidder shell, within the :period specified in pa.ragraph HA" .ahove, :furnish a surety botolin a penal sum not less than the amount 4).1llie contract as awarded, .as security for the faithfu.1 perfortrianee of the :eontract and the terlos and conditions therein contained and shall guarantee :the promptpayment oI al 1 persons., firms, or corporations to W.hom the corttr.actor may 'become legal ly M.debted lor labor, materials, tools, equipment, or Set -Ode& of any natore inc.luding, and tran.sprDirtation services, employed or used by it in pertlir 'Prig the Tmo.TduCTION TO: BIDDERS Page 33 of 195 ork.... Such bond .shall. be in die sonic forni as. that iiteltided hi the contract documents and shall bear th1. same date as, or a date subsequeitt"to that of the agrecinent The (.”01r..teril: Power of Attorney for the person hi signs tOr in surety company shall be. ached to such, bond. Title .suctessfat 'bidder shall, .within the period specified. in paragraph "".A,." above, a certificate of insurance fr approval in arnounts of not less than.die amounts spec fled in the General Conditions. The certificate ot'ittsnrance shall fie .linnished in such number ,of copies as the City of 'Waterloo may eq ic The Waterloc) shall be named as ail ".Additionai Mulled insured." .11h,e contractor shall similarly suint his subcontractorrs certificates of insurance. in the sante amounts .for zipproval before each commences work...,. 171ie contractor shall :carry Or' requirethat there he Worker's Compensation insurance for all its employees and tlityse: ofiTsubcontractors :engaged in .work at the site, in accordance wth State Worker's (11:ompensation Laws, t), 'f he failnix:. of the successful bidder to execute such agreeinent and to supply the required bond or bonds within ten (1(1) days after the prescribed fon. s are presented. .for sign.atine, or within such extended period. as the City, mhy grant, based !uponre.f.toms. determined sufficient by the City, may either award the Contract 1.0 the next lowest responsible bidder or re -advertise for bids.„ and may charge ;against the bidder the difference between the: iftinoura of the bid and the amount for which a contract for the Werit, is subsequently executed, irrespective of whether the amount thus due exceeds the ;innount of the bid ,i;:naararity. 11 a more favorable bid is received h re -advertising, the defaulting bidder shall have no claim against the City ar Waterloo, or Code Enforcement Departnient for a refund. N.77'7 7 ON TO BirANTR3 3. of 3 Page 34 of 195 g11116111110M1111M11101111=1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111MINIMMMIWWWWWWWffl. CITY OF WATERI,00, IO A CODE ENFORCE ENT 'DEPARTMENT GENERAL CONDITIONS Definitions Whenever used in any al " the Contraet Documents, these terms shall be defined as follow's: Contract - rneans, the Contract. or Agreement executed by ,and between the City cli'Watericro r.u'td the. Contractor, Owiter or Local Public .Ageney °UFA) - tricans the. Code .EnfOreetnent Department Contractor - means the person, Firm or corporation e tering into the t:ontraet with the itn2,,, of \Waterloo, to triaiiitain ptoPerties 21N described in the Specifications provided. COrttract 'Documents - rnotuis arid shall include the fol.lowing: 1.,'".,xecuted tract or Agreement, Addenda (if' any )„ iiv itat ion for Bids, Instruct ions to 13 dders, Sgicd copy o Bid, General (.1:!ond it if.)11S, S pec ia 1 ('ond it ions, Spec fieat ion s, and (Pans or .1.7.)raw inns w h req (1 S lerintendence 117.ry Contractor Except where the Contractor k an individual and gives 'persimal !:.itlupelintendence to the work,,..the C.2",ontracix)r shalt provide a eornpetem superintendent satisf actor), to the Enforcentient Department/City of N.Vaterif..xi„ on the work site at all times during working hours, Nvith full authority of the C.:onractor.. The Contractor shall also provide all adequate staff to properly coordinate ;and expedite the work.. The Contractor shall lay out and be responsible for all work executed tinder this ,Coritraet„ lire Contractor shall verify all inforrininkmi befbre proceeding Will) the work and be held responsible for ,any error resulting front] Cdiure dO Other („7,ontracts ,C:,..rty of Wat(04-loo 'may riward or naay have awarded lather (;ontraets, for additirmal Work and the (.....:Ontractor shall cooperate fully with other C,ontractors, by scheduling 'workunder this Contract with that to be performed under other COntracts as ,inay be directed by the C'ode I.MforeeTtlettt Depantinent/City ofoi Waieiioo. The C:ontractor shall not COTTITIlit or porton ,arty act in 'which 'will interfere with the perfbrinance of work by any other (Z,o,11tractor as sehedEll led. Viral A, and Coordination of the Work The C....:locitractor shall be, responsible for thte propel' fitting of all WOrli and for the ,co,t'iordin at ion ,0 r C operations of all Stibcoritractors et1;.,zaged upon this Contract, The C.,'„(..intractor shall be prepared to guarantee to each Subcontractor lie loeations and ineastirenients which they truly require for the fitting of their Nvork to all SUrrounding work. Care of Work: "File iCoritractor Shall be res,ponsible for all dantages to person or property that ,occur as result of negllgeacit': connection with the execution ,i)f work and shall be reasonable for the proper care ,anciprotection of all materials deliv(ired ,and vvork pertbrined umtii conviction and thud acceptance by the Code EntOrcenlern Department The Contract()r provide sufficie t security,both day and night, including %,yeekends and 'holidays,„ from the tittle the work is commenced 'nil]. final conwletion a; d acceptance, except when work being performed does not require protection, The (..7(mtractor shall be responsible for ,anloss of work, inaterials, equipment or time due to 11.3E1'.411tA,L, Page 35 of 195 ricts of any person on the project site, lrhereft)re„ it is the respon.sibility of the .(..lontractor to determine when secttrit) is needed, T.he Contractor shall avoid. damage to existing sidewalks, :streets, curbs, puvcrments„ structures„ and utilities except those 'which are to be replaced or' removed,. Any damage caused by the Contractor's: operation shall he can tpletely repaired at. no expense to the Owner. General Regitirements The (2:ontracor shall he imsponsible for being ittfornted as to all existing conditions and timitation.s under which the work is to be performed. No extra allowance will. be made because of lack ot:' such examination or knowiedge The Contractor shall not disturb existing walks, drives„ parking areas, trees, shrubs, or turf areas outside the bruins of the project. If disturbed, these items shall he replaced by the.: Contractor at no cost to the City or the Ow ne r. Trees and shrubs located in, ur near the project :areashall be protected by the Contractor fircriin damage by workers and equipntent durng time of performing services„1.1pon request, the City :Forester will determine the. e, erit of protection ariecessary for the trees. Per kits nd Clo 'the Contractor shall give all notices reqinred by, and comply with all .applicable miinieipal arid state laws, ordinances and codes. ijattilittv InSuranee Contra.ctor shall at all itiles during the terrn of the Agreement maintain in bib .frirce .and effect, at its own expense, Erriployer'st„iability„ Worker's Compensation, Aliutonaohile, Public Liability and Property Diamage latsurance, and other insurance. and ho ds as set Barth below, including co tractital liabi lily coverage for the indennairy and hold harmless pixtvisions ot this .Agrecinent. Each pokey shall require a.t least 30 .days' advance written. notice lo the City in the event of cancellation or ntaterial change in terms. The tillty of Waterloo, Iowa shah be specifically (mined as an additional insured on ail insurance. Such coverages shall be primary, nort- contributing a.nd contain waivers of subrogatiori ag„airtst any coverage held by the City. Before corattiencerrient ni work. hereunder, the ("„"ontra.ctor ;agrees to furnish the City with certificates of insurance cir miler evidence satisla.ctory to the City to the effect that such insurance hos been procured and is in force. Inst.tran.ce coverages corriply with the limits specified below Covera 1n. 'Worker's (:,,lompensation trinfiloyer's Bodily Injury ('Ex Cept automobile) Property :Darnage id.ability Except automobile) A.titt.ninobile Bodily Injury Lia.bility Excess A utomobi le Property Damage Liabi Limits of Lia.bility Statutory S50t),000 Si.„000,000 each occurrcce $1.,000,000 each occurrence $1,000„000 each occil rrence $5,000,000 1.,000,000 :each occurrence Removal. of .Dellris(71eanin2, Ete. The COntractor sliaiI periodically, or as directed during the progress of the work., remove and legally dispose. of surplusillatc:riai and debris, .andkeep the project area reasonably clean. Upon completion of the work, the Contractor &tali remove all debris and .cturiprrient provided for the work i,inc:1 put the whole site of the work in a. 114',11:71.1 and clean condition. (1111TF1P.IVE..„ :1.111" .1.. Mar Mr1.11W111.9%.9WWWW. Pag 36 of 195 OF "WATERLOO, D..TWA CODE fINFOIICE.. .ENT IIIEPARTMENT. SPECIFICATIONS for 201.9 COMPLAINT MOWING WITH (XIMPIAINT SNOW REMOVAL SClOrE, ()! WORK The ''Contractor shall provide all labor., qt1 and sumer necessary to rnow and/or fen -hive snow from, designated areas in accordance with these specifications. '.R..eferenees, in these specifications -to the (..ode Enforcement .Departrnent shall include the City of Waterloo. PROPE1ItTYCOMPI.,A.:I,NT MOWING, Assigned areas will he cnowed on a one time .onIy liasis. The Code .Enforeernent Departrnent will give colt work Ec)rders for any work done in this area, which shall l)e completed 1,:vithin 72 hours from receiving order, lhe will be in charge of any large itch], and tire removal clean up thatwill b (t)rte on any (..)1.' these properties,. Contact Cele (.'ode l'?,ntbreertient 1).e1artmera (3 )9.2913820) for pickup..Mowitg hei Wi I be Ibur (4") maximum.. Contractor .sha1.1. be able to abate hedge/volunteer trees where necessary frit clearance O'f sidewalks :and other rights -,(,)f -way, Also ,after mowing proper, it shall meet city codes and excess prass removed 1."...iTorn the property and. sidewalk, ITfor any reason Code .tinforeernent finds that a property is still it .violation, after the co tractor has done the abatement, the contractor shall return to the properly and make the necessary corrections without additional ,costs to the City,. 1.f the contractor arrives at the property., :and the .property has been mowed, the contractor shalt obtain a photo and ,contact (ode Enforeenient. to verify the property is in Iconipl.iance. :In the event: Code Enforcement is unable to ineet the contractor at the time, the cOntraelOr Shal l continue on to the next referral and Code Etifbrcentent will inspect the property vwthen time permits and notify the contractor whether they have to return to abate a weed violation, PROPERTY COMPLAINT SN OW R M OVAL Assigned areas shall have no nrnocd on a onc time basis. 'Mc ("ode Pri forum cat 1 )..par1rn cot will give outwork orders for any work done in these areas, -which shall be conipleted within, 48 hours front receil„,ing work order, Sidewalks need cleared the width and length of the properly down to the pavement good , -faith attempt will need to he made to clear dolma ID the pa:yentent. In the event that it is impossible., beea.use of ice or ot:her hazard., then sand or other abrasive :material, (such as Ice Melt or another a. proved product) may he used so pedestrian traffic is sale Only use sand/ice melt ri ffinounts to make pedestrian traffic ,sa.fe.. not coat sidewalk witha large ant.ount of sand, use only amounts n.ecessary to make sidewalks sate, wcwk most comply :with the (1tity ofWaterloo ('odes (::)rdirenee's or contractor shall return to the property and make the necessary ,correction wit,frout additional costs to the City.. °Page 37 of 195 VACANT LOTS Once these: lots h.ave been. issued their first notice for the season., they will be placed on an as needed basis mowing schedtile from approximately May I'd to October 1.5lh, 2019 for a ma.x.innian of 7 mowing's.. It will be the responsibility of the Code Enforcement Department to inforw, you ofyour as needed mowing schedule. There is a possabilny o1 approxintatety 55 vacant lots with each tot averaging 0„:25 of an acrc„ 1) I LA ,17.10 STRUCTURES Once these dilapidated structures have been issued their first notice tot the season, IlleY 'will he Placed on. an as needed basis mowing schedule from approxintately May 11. to October 15', 2019 for a maximum of 7 iuos iiig's. It will t h e responsibility o f the Code Ellin reein en t De pa rtm ent to info r m you of our as needed mowing schedule. 'Ihere is a p.ossibililty of approxintately 35 dilapidated structures wilh each ltit averaging 0.25 of im acre. SITE CLEAN -LIP Prior to each ming, the Contractor shall ti\entove all trash and debris including paper, branches, rocks, anal other pi:alable objects. All trash and debris shall he legally' disposed. of, off site„ a no additional expense to the Code Enforcement Depattment. A.d.ditionally., the co tractor shall be responsthle for cleaning up and repairing all daniage created by SNlowpkrol & snow removal operations., This nochules adding soil and seeding damaged ;areas as needed,. SE.iAtilltillifING OF WORK Areas to be mowed shall he divided into categories, for type and frequency of mowing, The listed schedules are for hid purposes only. 'fine Code Enforcement Departinent nilay add or delete mowing ot. areas based cm growing conditions .and budget .constraints„ (;RASS CUTTING Cirass. shall be cut to an even height .of four incites (CI). Grass cutting shall he accomplished in a rriartner so as not to :result in scalping., bunching, rutting, uneven or rouh. cutting, All scalping, bunching, butt in.g. or uneven. rough curling stialt be prianiptly remedied. by the filontractor to the SatiSfaction of the Code Entbreentent Deph.rtnient with no additional cost to the Code Enforcement. Department- Grass liiiiPPlings shall not be blon. left or land on any road suirtaces in .a.ccordature with applicable laws and City ordina ces. lit areas such as narrow :rnedia.ns., clippings shall he bagged or mitlehedstraight down. Along with, each towing, the Contractor shall trim around freest, shrubs, Poles, fences and oiler objects to match the height and .appearance of the surrounding vegetation. (I)nly upon request of the Code I)epartment will y.ou he required to edge vegetation growing over curb and sidewalk, AM.,A.OE '.pgcyr EctIoN "The Contractor shall avoidldannage to existing sidelvalks., :streets, curbs, pavements,. structures,. signs,. mailboxes, !fences., blenches, !utilities, a.nd other fixtures. .Any dainat.be eatused by the Contractor shall he, cotripletely repaired at no additional cost to the Code EnfOreentent Deparnnent. yi„iork 511211 be done in a manner so as not to .result in damage to trees or shrubs., Al no tittle shall any mowing or trimming edinipment come in contact with any !tree or shrub. Any tree or shrub damaged by the Contractor shall h replaced at the direction of the Clode Enforcement Department with no additional cost to the (ode Enforcement Departinent 111 ''Page 38 of 195 The ('Orttractor shall avoid dantage lo turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion dantage shall he promptly reinedied by the (7:ontractor to the satisfaction of" the Code l3nforeernertl Depart ',nem vvi ti1 no additimal cost to tlie (Ode Enforcement Department. "The COntractor shall take all necessary precautions to protect pedestrians and 'motorists frorn personal injauy and property damage. All equipment safety guards. shalt remain intact and serviceable. "The Contractor shall carry liability insurance tits detailed in the GIENERA.I.,, CONDITIONS to cover any darriage &taints. RFLQUI fl) IPMENT The (7,ontractor shall have sufficient and proper erliiiptnent to perform all work in a safe and timely In armor, "I'ypes �t rnow tug equiptitent req red kir this contract 1,inc trimnaers Walk -bel ittd inowers (":0intnercial rotary front In o wer (60-72" deck) 13agging/ tinulc [ling a -towers titility tractors with heavy-duty trirywet.-s Four wheel drive mower 1 ledge trimmers 'Types of alleylsidevialk overgrowth eq hiptnent required ifdr this contract in addition to ,equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed hailer far hauling brush When required Note: City ordinaRee requires all Ilbiuls being transported must be completely covet -ed. The City is not responsible for paying any fines you ay b issued. For larger parcels that are overgrown 1..,:.ottrtractor shall have access to a brush hog type of mower so that contractor can meet the city 's tint efranie requirements. Excess anaountSo[ cut grass and vegetati Ott w 111 need removed and not left on parcels, '1 vpcs of snow reinov al equiptient required For tlii contract; Walk -behind snooty blo‘vers snoNv blowers l'ick-up and/or tractor with snow blade Salt & sand applicator Shovels Equipment listedon the Bid Form \Neill he revieNved by the (_.lode Enfiarcernent f)epartittent to determine whether it is adequate for this toowing contract, CONTRACP fR OR THEM DESIGNEE 'MUS BE REACHABLE BY '.'14 ONE MONDAY 711ROUGH FRIDAY 7:11'.;,-0,' TO 3:00 .P.,„M. ,TVER11111111111111INNIENIMMIMINMIM SPE -X. 7,1 FR ,'„A"r1( :DNS 'Page 39 of 195 crry OF WATER.L00,, IOWA CODE IENFOR.CEMENT ARTMENT BU).FORM 2019 COMPLAINT 'M0. -JCS WITH COMPLAINT SNOW REMOVAL M MY NM AUDRESS: P1 )NF ( The un.dersigneni, being, a Corperatioti existing under the la.ws of the State of or a . • .... 1ini1d 1 hfl ity eompany ex.isting 'under the laws ,of the State of .„ or a...Partnership consisting of the follow'ing partners: „., „ • having been farrutiarized. w•ith the existing conditions on the project area al feeling the cost tyf the wo"riq and; with all thcCon.trart Doeunients now on file in the offices of the 'City'ChrK, J.,tyl...iall„ 715 Ni.utherry Street,. Waterloo, Lima., and the C.:ode Errforeemen.t. 'De'partment, 626 Mulberry" Street„ Waterloo,. Iowa nerehy proposes to Furnish '4'111 stipervision„ tech.n.icat 'personnel, labor, aterials,:maclitinery, locds, equiptnent„ and icc, inchudin.g utility ;arid transportation services required to complete th.e—proposed COMPLAINf 'MOWINCIS VFF1 1 (.20Mt)LAINT SNOW R.EMOVAI., in accordance with the contract documents and Ibt- the unit price in place for the followi'ng affiount: 019.10N A: Provide specified ns needed mowing :ad trimming services for vacant lots: Approximately 55 vacant lots with elleb, lot averaging 1).25 of au acre (tot ling 12.5- 15 acres per occurrence) Price Per Occurrence: dollars (S ••••-••• ()PLR) 13: Provide all specified as needed mowing and !trimming services on dilapidated st ruct at res. Approximately 35 dilapidated structures with citelft lot averaging 0.25 ofa acre (totalirag 14 acres per occurre,i,;ec) Price Per Occurrence: dollars ( S Di 0 Ir4.Dift"M F',.,...111R,e: 1 of 3, Page 40 of 195 OPTION C: Provide an specified owl g services for property complaint mowing for normal residential lots, (under 5 acres) price Per Ma Hour dollars OPTION : Provide all specified mowing services for property complaint mowing for lots a d open areas 5 acres or larger. 0 Price Per .Acrel TION E Provi tri dollars (S c an specified snow removal services for complaint properties. Price Per .Man I I" our: dollars CS It is understood that time TA:unities set forth are appnixirriate only and subject to variationanal that the unit price for the work, done shall govern the actual payment to the Contractor. 3. 1.n submitti g his bid„ the 'Bidder kuKkrstand.5.;: that the City reserves the right to ,reject any o,r bids 'and to award one or .nlore corttracts for a single (f)ptiorn Options together, or any conibination of (...,)ptioris, If written. riotice of acceptance of this Bid is malled. cir dclivered to the undrsigned within thirty (30) days after Bid Opening, of at any tittle thereafter before this bid is tlidrawri, the undersigned agrees to execute find deliver an tigreetrierit in the preseribed tbrra and ,furnis1i. the required tioad and certificate of Msurance .within ten (10) days after the ,agreement pt.esented for signature„ and stall: work. within ten (10) days after 'Notice lo ,Proceed' s issued. 1: Security in the summa of dollars IS f) ., , ,.. ., in the kin of „ is submitntd herewith in accordarice with N O. I IC il l.lt.) BI 1)1) E R S „ 5. Attached is a Non -Coll usiori .A.fridavh„ of Prirrit,..,. Contractor'. 6. he Bidder is Tirepared to su1."1; finane, d experience statement upon. request, 7_3 lie Pritne (lOntractor and Subcontractorts), which. have pert:Omen anii.ggret,pite, in wi;yrk. :for e (.ity in the current calendar ean, are prepared to submit an AAP .or Ilpdate and an. ten (10) days of notification that the bid submitted is lowest and acceptable_ g_ 'rhe Bidder has .rceerved tile following Addendum or ,Addendat Atidencli.".m No. Date: 9. Fhe Bidder shall list the PVIBEIWBE subeontract ors, amount of subcontracts and bid iterns listed on die of Waterit)0 Minority and for Women Bils;iness Pre-bid (lontract Info.rniation l'onn submitted with this 13id Fornt. 11 apparent low bkider sIial 1 submit a list of all other sulictinti-a.ctor(s) to be used on this project to the (ity, of Vtifiterlori by, 5;00 pan. the business day fo1lowing thi,t day bids on this project are due along with the Non -collusion .Allidavits ol" Subcontractor(s): Page 41 of 195 The subcontractors iisted on th,is proposal and/or subinittcJI to the Contract Complianct.;',: (:)fficer cannot be hanged except for the following reasons. 1„ The City of Waterloo docs tan approve th.e sitbeontractors.. 2.. The s Fconlntchr LIbnd in„lwriting that they cannot ...fulfill thel.r subcontracts 10 'nit Bidder shall list 0 equipment available for this project. ".fhe Bidder has fl [led in all blanks on tflis proposal Thosc blanks not iii,pplicable art. marked or "NA", 12, 'The bidder has ...r.ttacited all applicable forms, t 3.. 'The 0),vner eserves the .right to select ;alternatives, delete line items,„ andfor to reduce quantities prior to the .A„ward of Contract duc to budgeta.ry limitations, lqame, .and Tido MIV9919MMERMIIM BIT) Page 42 of 195 STATEMENT OF '11).1)EWS 1.3ALEFICATIONS (To be submitted 113y the Bidder o 1,o MAI request or tbe City of Watetiloo,lowan,:), 101 questions s:hali 'be answered and the data given must be clear and comprehensive. This statement must be notarized., If nocessar3u questions nitiay. 'be ;answered on separate attached seets. 'file Bidder may submit ally additional information desired., Name of Bidder, 2.,. Pennunent, .main office address., 3... When organized, If a corporation,. where incorpi)rated„ 5. Flow Many years have you 'been engaged, in th.e contracting huses under your .preent fir i or tradie name? 6. ClontrtIcts on ,handt (Schednie these shcrwing ,antounit of each contract .1.11.(11 the appropriate a.ntielpated dates of completion;) 7, (lieneral eh,aracter of ,iworkperforated by your city Ipany, Flave yt.....tu ever ..failed to complete zmy work awa,rdedto you? If so. wi.ltere and why? Have you ever defaulted ona contract? If so, Nvthere and why? I 0 List the u1or important projects recently completedby your company, stating t approximate cost for each„ and the .inonth and year cotrptiaed. 1 1. 1. s1 your major equipment .avalla.ble for. the contract., 12. Experie ce in lanidscape work siinilar in impciTtanee to the project I 3i, Background. and experience of the principal nternbers, cyf your organization, including the °inners, 14. IC': redit .avai lable: 1 5.. Give 1'.1ank. reference: 16, Wi 1.1 you, upon request, fill out a detailed financial statement and 'runtish any other informatitm that nlay be required by the t, ',icy of Waterloo, IOW a? 1 7. "Hie undersigned hereby .tA thorizes and requests any person, firm, or corporation to furnish any informa.t ion. requested the City cif Vstaterloo„ Iowa, in vetilicatitm or the recitals comprising this Statement of 13 s (,)11 al 1 ti cat i °Its, STATEMENT(11' 1.311)1)E1:S Ql..),A111' CATION ()1';' Page 43 of 195 WAWA, w000krhowoofmmoymow..... Dated this day of (701:intyoi deposes and says that she/be k lil ss Name .04, (..h"gaeltetlun Name al Bidder , being duly. sworn. of auRd ihat the ans.wers to the foregoing questions and ail statements therein contained are troe and !orreet. Subscribed and sworn to eir ne tieis„. day of • Notary 11Piddie My cornrnissimt expires 2.0 sTATENII:NT 01 131E)ODER Qq....VALLFICA."1101N,rS l'A,(31E 2 Page 44 of 195 BID OND KNOW ALL MEN as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOQ„ lowa., hereinafter called 'OWNER." in the pe„ al sum •oilars ($ lawful ; „oney of the United Shies., •for the payment of which sum Will and truly be made, we bind ourseives„ 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 far NOW, THEREFORE, (a) If said Bid shall be rejected or in the alterriate, (lb) if said 8k shall be accepted and the Print;ipat shall execute and deliver a contract in the form specified and shall furnish a bond for his taithfut performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in alll other respects perform the agreement created by he acceptance i()lf said Bid Then this obligation snail be void, otherwise the same shall remain in force and effect: it being expressly UnderStOed and agreed that the liability of the Surety for any and all claims hereunder shall, rn no event, eixceed the penal amount of this obligation as herein stated. 6y virtue of statutory authority, the full amount of this bid bond shalt be forfeited to the Owner in liquidation of damages sustained in the event that the Principal faits 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 a ected by any extension of the time- within which the Owner may accent 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 he signed by their proper .officers this day 201 lrrlitness Principal By Surety By Attorneynin-act _(Seat) Page 45 of 195 State or Comit.ty PION-0011,IUSION.A TIDA:VIT OF PRIME BRIDER , being .first duly sworn, deposes says Mat He is ((Jwner), (.Pattner).„ (Officer), (Representative), or(Agent) of „ the Bidder that has submitted the attached Bid; 2, lie fully infiarrined. respecting .the preparation and contents of the ionached [lid. and of all pertinent circumstances respectMg such. Bid; 3 „ Stich. Bid i' g„ermine and is not a colkisive or sham 13id; 4. Neither the said Bidder nor ,any of its officers, partn.ers, owners,. agents, representatives, eniployees, or parties in interest, inchtditog this aftiant, has ii any way colluded, conspired, connived or agreed, directly or indirectiy„ wilh. any other Bidder, .firmor person to submit. a collusive or sham Bid in cormection with the Contract thr ',,vhich the atta.ch.ed Bid has been submittedor to refrain front biddin.g in connection with such Contract, or has rn iny marater„ directly or indirectly, :sought by a.greement or collusion of cornaktutication or conference with any other Bidder, tini or person to fix the price or prices in t.he attached Bid or of any othcr .Bidder, or, to fix any o.verltead, profit (Yr cost eleine.rt of the bid price or the hid price of,any other '.Bidder, ol to secure through ;any collusion„ conspiracy, (,';onnivarice, ionlafffill agree. :merit any advantage a.gainst the (1:ity of Waterloo, Iovvaor any person intereStd. in the Proposed C:,ortitract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by may conspiracy, connivance or kin la VI fu 1, agreement on the part of the Bidder or any of its, aeii1 s. representatives. o nrs,Oriplroyees, or parties, in interest, including this ai1-loin Sigrt.,atuire itle Scrxd l4ut sworn, to- fLgt»c, ,IFYLe...' thi,SY _ "„i„, 1 9. 5t4ipt,c4.411,pre, riXe, My comonasion, exiDexes., Page 46 of 195 State of' Count) ol AILLIUSION AFFIIIAVIT OF SU CONTRAC'TO,R being 'first duty .sworn, deposes and says. that: nFk 5 (Owner), (11a.rtner), (011ker),„ (Representative), or (Agent) o herciittafter referred to as the ""Sitheonrraclor"; 2. He is fully infornied respecting the pri;Itoration 4ind onle ts of the s bcontractor's proposal brnitted by the subcontractor to coin:Tact pertaining to the 2019 COMPLAINT MOWINGS WITH COMPLAINT SNOW R,EM(YVALS in Watering), Black Hawk County, havva; Such subcontractor's proposal is genuine and is not a. collusive or siain proposal; 4. Neither the subcontractor nor uy of its (411cers, partners„ owners., agents., representatives, employees. Or partiesn ners1. including this affiant„, has in a y way colluded, conspired, connived or agreed„ directiv or indirectly,. with any other bidder, firm or person to subruit a. coliusive or stitti proposal in connect:ion with such contract or to refrain 'horn submitting a proposal in connect 'tliOn wilti Stich contract, Jor has in 4'11)y planner, directly or' indirect sought by unlawful agreement or connivance with any other bidder, form or person to fix the price or prices hi said stibcontractor's proposal„ or to tix any overhe,aci„ profit or cost elenlent of the price of prices in sit id subcontractor's proposal„ or lo secure through coti i011, COT) spiraey„ connivance or unlawfhl agree:mem any 'ad vantage against the City of Waterloo„ Iowa, or .otiy person interested in the f)roposed Contract; 5.Ihc price or prices quoted in the stibeontractor's proposal are :lair and proper andarc.J not. tainted by any collusion, eoitspiracy, connivance or unlaWful agreenteitt on the part of the bidder or ttny of its agents„ representatives, olvners, entployces, or parties in Jinterest, including this. affiant„ Signature S PIOLin tre,' 4160100010mmgommmummum Inhfing l'i le Sah-wrihd/ a4(tid, sAvoryv.to, brq-biee, thi4, Xify comEivbsgo-vve,'pp (Arevs, Page 47 of 195 EQUAL .OPP.O.RTUNITY (.711,AILlSE (As provided in Executive Order No, 1 I246) .A.I.1 contractors, subcontractors, vendors a.ndsuppliers of" goods and smices doitng 'business vrth the (.7ity an.d. value of said business e(ptals or exceeds ten thousa.nd. dollars (S1(),000.00) annually agree as t."(:)1lows: 1. The conl ractor,. subc(.....intrael(„tr, vendor and supplier of goods and services will not diserirriinate against any. employee or applicant .for employrnent because of ra.ce., color, creed, sex, national ()right, economic status, age, r...r1enta1 or physical handica.p, political opinions or affiliations. The .contractor„ subcontractor, enor iind supplier will develop a.n A frimtative Action prograrn to ensure that applicauts arci employed and that eruployees are treatedduring entployment without regard ht their race, creed, color, sex, national origin, religion., economic s tat Lis, age, mental orphysica.1 political opini(„ms or .affilia.t ions„ Such .actions shall include but rtot be litnited. t.o 'the following; a. Employment b. o„ Dentotion or Transfer d, R.ocruittnent and Advert it g c. [....„,01yOf1 or 'Termination 1.Rates or Pay or Other .honns oF Ounpensation g. Selection fi)r Training Including Apprenticeship, 2. The contractor, subcontractor, vendor and supplier of goods and ser ccs will, in all solicitations or advertisements for employees.,. sta.te that all quali..lied applicants will receive consideration employment witinrui regard to race, creed, color., sex, national origin., religion,leconomic status, age, Illental or. physical disabilities, politica' onon (ar affiliations. 3. 'The contra„cor, ubC011 tractor„ vendor and supplier or his/her collective bargaining representative will send to each labor uniori or representative of workers w.hich he/she has, a collective bargaining, aLt..reement or other contract or understanding, a notice advising said labor union or work.ers' .representative of the contractor's comminnent under tItis section. 4. lite contractor, silbcontractor, vendor and saapplier of goods and senices will comply with published rules, regulations, directives, and order oldie City of ‘Vaterl 00 Affirmative Action Program ("'",ottrtract (.;'.0inpliancePr .5, The contractor, subcontractor vendor and supplier of' goods and services w 1 furnish and .file compliance reports IN i.t.11 n such time and on such .fritts as provided b)' the Affirmative A.ction Officer. Said ..fortris wilt el ic infOrrnation as to the policies, procedures, pattents, and practices of cad) subcontra.ctor as well as lite coritractor hinaselfherself and said subcontractor, vendor and supplier win permit accessto hi hr employinen.t books., records and accounts to the (is 's .Affir ative .Action Otice, tbr the purpose of investigation .to ascertain ciunnliance with this contract and with rules and regulations ofthe ("..")ty's .Affirtitative Action Program — Corripliance Provisions relative to Resolution No, 24660 6 the event of the contractor's non-cornpliance tvith the nosi-discritnination clauses of this contract or with any. such rules, regulations and orders., this contract may be canceled,. tern-limaed or suspended in whole or in partand the contractor may be declared ineligible fOr further contracts in acQoi Imcr wii h procedu IreSauthorizcd by the City t Pagt: II of 2 Page 48 of 195 7. The contractor, subcontractor., vendor and supplier of goods and services will include, or incorporate b' tic:fere ce, the provisions of the non-d!iscrimination clause in ,every contract,. subco:ntract or purchase order unless exempted by the: ruk:s, regulati()ns or orders of the City's Affirmative A ci Program, and will provide in every subcontract, or purchase order that said provisions il be binding upon each ecintractor, subcontractor, or supplier. 8. Vic, ale undersigned, recognize that we are morally and legallyconitnitted to non-diseriminat on in e: itploy:ment. Any p(Tson who appl!ies for employment Vj OUT COTTIPanlY not be discrini it' wiled tip St because .i.)1 Mee, c,recd, color, sex, Et; at lona 1 origin, eCOttatill C status, age, iiicnn1 or physical Signe 11111111111111111111MINNIMMInrnrararn • . Appropri.ate (,..}11,1eta,.1 . . - • Title Date GIPPOR'f N r17).7 (7LAA fL: PAF:e 2 04 2 Page 49 of 195 CITY OF WATERLOO Council Communication Recommendation of appointment of Michiel Derifield, from the Civil Service list, to the position of Equipment Operator I in the Street Department, with a start date of February 25, 2019, subject to passing physical and drug test. City Council Meeting: 2/18/2019 Prepared: 2/13/2019 REVIEWERS: Department Reviewer Action Date .p rralIK Operal ons 1^^"vcn p.,eAnn Approved 2/1:3/2019 ... 11:4 6 ANI ATTACHMENTS: Description Type ❑ 1 In ingp ::)oQnaaon °rnnw, 3::3ancp<:nnpn Vpaan�u iu SUBJECT: Recommendation of appointment of Michiel Derifield, from the Civil Service list, to the position of Equipment Operator I in the Street Department, with a start date of February 25, 2019, subject to passing physical and drug test. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Appointment Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: This position has been vacant since a retirement in November. This position is budgeted and required to support street department operations. $53,496.00 - Salary $80,640.00 - Salary with benefits RUT (Road Use Tax) Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. This appointment is a replacement for a Equipment Operator I retirement. Page 50 of 195 Check as applicable: PERSONNEL REQUISITION FORM RECEIVE To start recruiting or civil service process and/or Active Civil Service List Expires: 10/25/19 111, To fill a vacancy GEC 3 1 MO A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ***************************************************ii********************************************** Position Title: Equipment Operator Department: Street Department Reports To: Operations Supervisor Work Location: Street Department / Public Works Biii lo ment Status: El Regular Full Time n Regular Part Time Fill Regular 7 -Month Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: Yes ri No Yes E No Yes E No Temporary Full Time from to Temporary Part Time from. to Intern/Co-op Student from to Recommended Recruitment Sources: El Internal Posting Only El Internal Posting and External Advertising ************************************************************************************************ Complete the following if the requisition is to fill a vacancy: El New Position or Replacement Position for: Equipment Operator I - Robert Hertges (Specify name and title of former incumbent) Date incumbent terminated employment: 12/3/18 Date of final payout: 12/21/18 Anticipated start date: ASAP No. of hours/week: 40 Work schedule: TBA Justification of need for position: Position is budgeted and required to support street department operations in chip sealing, crack sealing, street maintenance and snow removal. This position is a promotional replacement. What are the likely consequences if the position is not filled? A reduced number of employees will have a negative impact on the department's ability to complete all necessary street repairs and snow removal operations. Annual salary requirements: 53,496.14 APPROVALS Hourly Rate: $25.72 Benefits: 23.838.80 (Payroll (axes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? Yes El No If no, how will position be funded? Approved subject to the following conditions: Submitting Dcpartmen WwiLeite Chief Financial Ofti DateL. Mayor Date Human Resources Committee Chairperson Date Created 8/7/2014 Human Resources Director Page 51 of 195 PERSONNEL REQUISITION {Equipment Operator I} The following questions are provided as guidelines to assist you in developing your rational for the position of {Equipment Operator /}in the {Street} Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Laborer/Truck Driver (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has similar position classifications; however a reduced number of employees will directly impact the department's quantity of and timeliness of services. (3) How is the work of this position being accomplished now? Reduced number of employees equals reduced tasks that can be accomplished. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet the departmental objectives, i.e., sealcoating, crack sealing, street sweeping, street maintenance, pot hole repair and most importantly snow and ice control. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position, while not revenue generating, is critical in providing safe streets for the citizens of Waterloo. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary, these positions are assigned routes critical to meet the demands of our projects/programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The department workload is multi -faceted, citizen complaints, annual preventive street maintenance, seasonal street maintenance and now storm water ordinance compliance generated. Page 52 of 195 (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled, we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel components of the team waiting for product as well as an increase in snow removal overtime and less trucks available to handle snow emergencies. It will take longer to accomplish every service required of the department. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs can't be completed with the timeliness expected of both the department and the customer. In the event of emergency, CDL operators from other departments are utilized. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It is possible; however, this position is a Bargaining Unit position. As such, a move in this direction would negatively impact the cohesiveness, morale and overall disposition of other employees within the department. In short..... It would cause major and unnecessary dissention within the department. (12) How would you rank this position in tenus of its contribution to City business in comparison with other positions reporting to you? During snow emergencies, many businesses in town cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 53 of 195 Submit resume by going to www.cityofwaterlooiowa.com, clicking on Job Vacancies, reviewing the Equipment Operator Y description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand deliver:ed or directly entailed resumes. Deadline to submit resume is Noon on Friday, September 28, 2018. DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT PUBLIC WORKS - STREET $24.72 beginning rate with $1.00 increase after 6 -month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #1177 GENERAL STATEMENT OF DUTIES Performs semi -skilled construction, street maintenance and labor functions such as pot hole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, Ioading, hauling and plowing snow. The work is performed under the general direction of the Operations Supervisor and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Performs routine street repairs such as pot hole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 2. Assists in preparation for winter by erecting snow fence, putting chains on tires and plows on trucks. 3. Assists in loading, hauling and plowing snow and operating sand/salt trucks during snow emergencies up to sixteen hours a day. 4. Participates in special service programs such as emergency storm damage clean up. 5. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 5. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 6. Washes vehicles, changes tires, repairs, cleans up and paints City buildings and assists mechanics as needed. 7. Works in busy traffic areas, operating street maintenance vehicle or on foot. 8. Performs street maintenance and repairs in trenches and on uneven ground. 9. Operates heavy duty and rough -riding vehicles and equipment. 10. Lifts and carries items weighing up to one hundred pounds with assistance as needed. Page 54 of 195 11. Works outside in all weather conditions; works near moving vehicles and equipment and around mechanical hazards; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and traffic fumes; visibility might be poor. 12. Performs work of a repetitive nature and varied workload pace. 13. Works independently and with others with minimum supervision. 14. Attends work regularly at the designated place and time. 15. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City, and Street Department safety rules and regulations. 16. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic and safety rules. 2. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to safely operate a dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power tools. 5. Ability to work alone when operating snow removal equipment. 6. Ability to complete daily work sheets. 7. Ability to complete assigned work projects without direct supervision. 8. Ability to respond to questions and comments from the general public tactfully and politely. 9. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year related street construction experience in all types of weather conditions and knowledge of the use of a wide variety of hand tools found in street construction and maintenance work OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 3. Iowa Class A or B Commercial Driver's License by equipment testing date and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation include habitual violator within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may Page 55 of 195 be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation including habitual violator within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; a combination of three or more at -fault within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hard hat. 2. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within ten -mile radius of Waterloo City Hall -will be given reasonable compliance period as determined by department head). Must maintain a local telephone number in order to be contacted during emergencies. 3. Must submit to Department of Transportation requirements including pre-employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 5. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 6. Must submit to and pass Civil Service examination procedures, including equipment test and panel interview. WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m. -11:00 p.m. or 11:00 p.m. -7:00 a.m. Will generally work Monday through Friday with twenty - minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays. There may be significant overtime during severe snow emergencies or flooding. Employees hired in this job classification may be cross -utilized in other City departments in emergency and non -emergency situations as determined by the workload. Consequentlyz hours of work includin startin ' and endin times, work schedule, rest periods, work duties etc. will vary depending on the department to which the employee is assigned. Page 56 of 195 EXAMINATION INFORMATION EQUIPMENT EXAMINATION Those applicants who meet the minimum qualifications and who have a good driving record based on City of Waterloo driver performance criteria will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. This will be a pass/fail test. City of Waterloo regular employees who presently hold a Class A or B Commercial Driver's License as a requirement for their job will not be required to participate in the equipment examination. ORAL EXAMINATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination, will be the individuals placed on the certified lists. Applicants who qualify as outlined and who are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Iowa Code and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service - connected disability. Employment is contingent on passing a post job offer physical examination including a drug test. Failure to pass the physical or drug test will result in withdrawal of the employment offer. TESTING DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. EQUIPMENT OPERATOR I DESCRIPTION 18 September 2018 Page 57 of 195 CITY OF WATERLOO Council Communication Recommendation of appointment of Brad Manahl, from the Civil Service list, to the position of Treatment Operations Foreman at the Waste Management Services Department, effective Tuesday February 19, 2019. City Council Meeting: 2/18/2019 Prepared: 2/13/2019 REVIEWERS: Department Waste Management eant Clerk, Office Reviewer y, Naane ATTACHMENTS: Description D Merano to 1Waterparo Maayon and • iaain 1.: eQ aaripnuon D Peiryrurn D Civil Service List SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Steven Approved A pp ro ved Type Cover .I\ ein.roo (:'aver J\4e.r acn (I .ver I\Jerr➢o Date 2/13/:..0 i ... lil. ",:. .M 2/13/2019 ... lip: : A.M Recommendation of appointment of Brad Manahl, from the Civil Service list, to the position of Treatment Operations Foreman at the Waste Management Services Department, effective Tuesday February 19, 2019. Submitted By: Steve Hoambrecker, Waste Management Services Director Request approval The Human Resources Committee approved filling this vacancy on 12/10/18. $ 64,019.97/plus benefits Sewer fund Page 58 of 195 11111111 1i 0,00,eita- 0 \O CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Direct° February 12, 2019 Memo to Waterloo Mayor and City Council: RE: Resolution, approving Brad Manahl, Operations Foreman, Waste Management Services Background Discussion Waste Management has 1 full time operations foreman positon budgeted. A vacancy was created due to the promotion of Brian Bowman to Treatment Operations Supervisor. The position is a promotional position, was internally advertised with 2 applicants applying. The two candidates were interviewed and both certified by the Civil Service Commission on February 8, 2019. From the Civil Service list, it is being recommended that Brad Manahl be approved for filling the vacant position. If approved, he would be available to start on February 19, 2019, This is an essential position in the Waste Management Services Department. Recommended Action It is recommended that the city council approve the resolution to approve the appointment of Brad Manahl for the vacant Operations Foreman position in Waste Management Services Department, Page 59 of 195 DEPARTMENT SALARY 'ELSA CIVIL SERVICE BARGAINING 'UNIT MUNICIPAL EMPLOYEES LOCAL 177 GENERAL STATEMENT OF DUTIES Skilled .technical working and supervisory position responsible for coordination and supervision of all day-to-day operational functions ofthe Easton Avenue Treatment Plant and the Independence Avenue Treatment Facility. The work is performed under the general direction of the Treatment Operations Supervisor and Waste Management Services Superintendent but considerable leeway is granted for the exercise of independent judgment and initiative. Directly supervises 5-8 Waste Water Operators. TREATMENT OPERATIONS FOREMAN WASTE MANAGEMENT SERVICES $30.78 per hour NON-EXEM INCLUDED EXAMPLES OF ESSENTIAL FUNCTIONS OHM rative Only) These functions are considered essential for successful performance in this job classification. The essential functions are performed according to Standard Operating .Procedures:. The procedures have been developed for the local jurisdiction based on generally accepted standards for wastewater treatment facilities.. Coordinates the effective and efficient operation of all waste treatment equipment systems. 2. Inspects facilities and oversees the maintenance work order program for mechanical functions of the treatment .facilities to insure continuity of all waste treatment processes. Assists Treatment Operations Supervisor in scheduling personnel and assigning duties and supervises and reviews the work of waste. water operators. 4. Oversees training of operations personnel regarding safe and proper work procedures and policies. 5. Reviews operations logs, records, gauges, meters and all forms of process measurements to ensure proper functioning and accuracy. 6. Responds to emergency situations involving equipment breakdown/failure and arranges for repairs. 7. Lifts, moves, =lies, pushes and pulls objects weighing up to one hundred pounds with assistance as needed. Performs administrative duties as assigned including reviewing daily work projects and daily work sheets for accuracy, preparing written records and reports, completing forms and maintaining supplies. 9. Works around mechanical and electrical hazards; faces exposure to toxic and explosive gases; works in excessive noise, poor visibility, slippery surfaces, limited mobility, dirty and possibly infectious environments in all weather conditions for extended periods of time. Performs work of a repetitive nature and varied workload pace. Works independently and with others with minimum supervision. Attends work regularly at the designated place and time. Performs all work duties and activities in. accordance with City policies, procedures and OSHA, City and Waste Management Services Department safety rules and regulations. 14„ Performs all other related duties as assigned. Page 60 of 195 REQUIRED KNOWLEDGE & ABILITIES 1. Comprehensive knowledge of the standard methods, practices, tools, equipment, materials and terminology used in operation of a waste water treatment plant. 2. General knowledge of the City of Waterloo collection system, treatment facilities and flood control system. Thorough knowledge of State and Federal regulations governing operation of a waste water treatment facility. 4. Thorough knowledge of occupational hazards associated with and the safety precautions necessary in the operation and maintenance of a waste water treatment plant; ability to observe and enforce appropriate safety rules and regulations; ability to instruct others in safe and proper practices associated with treatment plant operations. 5. Ability to assess complex operations problems and make decisions based on standard operating procedures. 6. Ability to limit. exposures to infectious waste, toxic and explosive gases or unfavorable natural ventilation. 7. Ability to complete daily work sheets and keep thorough operations logs and maintenance records; ability to prepare written reports, complete forms and perform required record keeping. Ability to plan, coordinate, supervise and review the work of others, 9. Ability to consult and communicate with. contractors, supervisors and coworkers regarding specialized treatment facility needs, give and receive instructions and read, analyze and record complex technical data and computations. 10, Ability to exercise technical and independent. judgment in making recommendations on operations problems and ability to complete assigned and unassigned work projects without direct supervision. 11. Ability to communicate effectively and maintain working relationships with other City employees and supervisors. 12. Ability to work with people .from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED with minimum five years experience in waste water operations in a municipal treatment .facility and State of Iowa Grade II Waste Water Operator Certificate. OR, Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Iowa Driver's License and good driving record based. on City of Waterloo driver performance criteria. Disciplinary action or continuing employment status may he reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction. for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; a combination of .three or more at -fault or not - at -fault accidents within a three-year period. Driving record will be reviewed at least mutually. 3 Certified in CPR and First Aid as required by department. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. Sufficient strength to perform assigned tasks including but not limited to filling and carrying up to one hundred pounds with Page 61 of 195 assistance as needed. 2. Sufficient physical and rnental stamina to work double shifts during flooding or other weather emergencies. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone or a radio and to diagnose equipment problems. 4. Sufficient personal mobility that permits the employee to operate a passenger vehicle in all types of weather, move from one waste treatment facility to another and work in cramped spaces or difficult to reach areas. 5.. Sufficient manual dexterity and coordination for safe operation of manual arid powered equipment; ability to grasp/grip tools, switches and .valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems and to communicate with coworkers. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat as needed. 2. Must comply with City of Waterloo Residency Policy for Critical Employees (live within 10 -mile radius of Waterloo City Hall -or as based on original employment date). Must rnaintain a telephone number where can be contacted quickly.. 3. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Scheduled shift is generally 7:00 a.m.-3:00 .p.m. Monday -Friday with a twenty -minute paid lunch. Subject to emergency call or longer shifts during operations problems or during plant emergency conditions. Rotates evening and weekend call with other foremen, about every :fifth week. "IREATMENT OPERATIONS FOREMAN 15 February 2015 Page 62 of 195 PERSONNEL REQUISITION (Treatment Operations Foreman) The following questions are provided as guidelines to assist you in developing your rational for the position of Treatment Operations Foreman in the Yr/MS Department. Depending upon your situation, some questions may or may not appl.y. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Responsible overseeing incoming wastes are properly treated to meet permitted effluent discharge limitations. Working fireman overseeing operations staff. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, it is specific to overseeing. treatment plant operations. (3) How is the work of this position being accomplished now? By the person doing the job and is being promoted, however this position is more hands on as a .working foreman. (4) Are the filled positions in your department currently being utilized to their maximum potential? 1 believe so...yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? By providing operational supervision and decision making to properly operate the plant, better insuring compliance with associated environmental requirements. (6) What cost savings or revenues, ifany, would your department or the City realize if this position is filled? By properly operating the plant always looking for cost control operational strategies. (7) If you are paying overtime or comp time within your department to aecornplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? This position with on-call requirements and emergency situation has earned $10 - SISK per year. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Staffing has generally remained steady while the work load and demands have greatly increased with implementation of the Consent Decree and ongoing difficulty to meet effluent limitations during the winter months. Page 63 of 195 (9) If this position is not filled, what affect wili it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. At a minimum, we will be a current operator placed in the acting position. The savings will be n that person's wages, but will require more OT from other operators to cover that person's duties. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? A current operator placed in the acting position. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? Not unless one outsourced the entire treatment staffing with a contract operation's I. (12) How would you rank this position. in terms of its contribution to City business in comparison with other positions reporting to you? Extremely important. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? It follows the objective of being in compliance with state and federal regulations. Most notably would be Goal #3, specifically strategy 3.4 "Identify and implement proven cost and resource saving measures" 3.5 streamline efforts and improve efficiency in City operations". Page 64 of 195 PERSONNEL REQUISITION FORM RECEIVE Check as applicable: To start recruiting or civil service process and/or A To fill a vacancy F 1 Active Civil Service List Expires: __. ........._.... A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ************************* Position 'f itle: Treatment Opration oreman Department: Waste Management Services Reports To: Brian B0%01,411- Work Location: 3505 Easton Ave .timpioymcnt „S.Wo: Regular Full Time LJ Temporary Full Time from to - Regular Part Time Temporary Part Time from to El Regular 7 -Month EXJ Intern/Co-op Student from to Type of PP.4itign: Civil Service Position; Yes Bargaining Position: Yes Bargaining Group: _ Non -bargaining Position: gq.I.4.Orrtt-Nr140,. itSoures: —I No fl Internal Posting Only No E Internal Posting and External Advertising 0 7 28181 1.1 Yes Nt ************************************************************* 4, Complete the following if the requisition is to fill a vacancy: [1] New Position or 2,1 Replacement Position for: Brian Bowman (Speeify name ontfitje of former incumbent) If replacement, former incumbent: LI Retired/Resignedfl'erminated 'Fransferred j Promoted Date incumbent terminated employment: Date of final payout: _ Anticipated start date: ASAP No. of hours/week: 4) Work schedule: 7:00am — 3:00pm Justification of need for position: To fill a vacancy due to promotion What are the likely consequences if the position is not filled? Possiblc failure to eet NPDES APPROVALS Annual salary requirements: .04,,919,91 Hourly Rate: 19,7k Benefits: (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? [1] Yes Li No Lino, how will position be funded? Approved subject to the following conditions: chic financial am ad ,' 1). Mayor !Inman Resources Corm ittcc Chairperson Created 6/3012017 Page 65 of 195 February 8, 2019 1 le,°„„ " S R1 11 715 IViulberry St, 0 Waterloo, IA 50703 0 Phone 0191291-4303 Fax a19I291-4569 TO: Honorable Mayor & City Council • We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the exatnination process as set forth by the Civil Service Commission for the appointment to the position of Treatment Operations :Foremanfor the City of Waterloo, Iowa Waste Management Services Department. Appointment(s) shall be made from this list for the next two years (February 8, 2019 — February 7, 2021). CERTIFIED LIST Brad Manahl Andrew.13edard Respectfully submitted, ..t.twrilEA.TMENT OPERATIONS FOREMAN 19 IMMIWYMMOYMINMOMMOMORMIMEAMMINWIIIMMIMOVIIM WE'RE WORKI:NG .FOi YOU! An Equal Opporlunity/Afflirnalive Action Employer OMMMIIMMIMMIIVIM Page 66 of 195 February 8,2019 T I Ii 1[111M1 qlry IIIIIINIMIIIMO1111,11111111W IA^ ni AWRIMMIMIIMMONMERMIMMIONALM E SUtES »EP 11,IA 7'15 MulberryAAt. Waterloo, IA 50703 0 Phone (319)_291-4303 FEAAA3191..A2.91-4569 The City of Waterloo Civil Service Laws adopted October 20, 1983, and approved by the Waterloo City Council on 'November 14, 1983, allow under Chapter IV, Section 2c for the Mayor and the department head to recommend the approval of a promotional eligibility list of less than three individuals. We are recommending the Civil Service Commission certify a promotional list for Treatment Operations Foreman ---- Waste Management Services, At) AA-Akil- Quentin FIart, Mayor ,>< Steve floambreOss,z----- Waste Management Services Director AnIAAMIAAWAIAMPAAA1A11111AVAOMM1A A WE'RE .WORK„.ING 1.7(..)R. YOU! 41 Equal Opportunity/Affirmative Action Employer Page 67 of 195 CITY OF WATERLOO Council Communication Recommendation of appointment of Amanda Wellhouse, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, effective February 19, 2019. City Council Meeting: 2/18/2019 Prepared: 2/13/2019 REVIEWERS: Department t ?::➢tanre & Arts ATTACHMENTS: Description ❑ Hiring p:)oeume SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Policy Issue: Background Information: Reviewer Even, ILeAnn Action App reved Type Backup Ma. Date .2/13/2 Recommendati 13/2 Recommendation of appointment of Amanda Wellhouse, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, effective February 19, 2019. Submitted By: Kent Shanide, Cultural and Arts Director Approval $52,700.00 ($31,200 base salary plus $21,500 benefits) General Fund 010-26-4208-111, FT Salaries; position is included in the adopted FY19 budget. This position directly support Strategy 4.5 for the City's Goals and Objectives (maintain services and facilities that support quality of life) among others The Facilities Services Specialist is responsible for supervising the facility during evening and weekend hours. The Waterloo Center for the Arts hosts over 1,700 events, meetings and programs each year, most of these occurring during weekend and evening hours. This individual is responsible for cleaning and maintaining the facility, opening.securing the building, event set- up/teardown, supervising custodial and program support workers, as well as anticipating and responding to the needs of visitors and rental clients. Page 68 of 195 PERS 1 NNEL REQUISITION FO Cheek as applicable: To start recruiting or civil service process and/or / A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ************************************************************************************************** 0 Active Civil Service List Expires: 141 RECEIVE() MAY 1 0 201 To fill a vacancy Position Title: Facilities Services Specialist Department: Cultural & Arts Reports To: Facilities Services Manager Work Location: Waterloo Center for the Arts Employment Status: Regular Full Time 0 Regular Part Time Regular 7 -Month Temporary Full Time from to Temporary Part Time from to Intern/Co-op Student from to Type of Position: Recomrnended Recruitment Sources: Civil Service Position: Yes 1 No [1 Internal Posting Only Bargaining Position: 0 Yes N] No Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: Fil Yes 0 No *******4 ***************************************************************************************** Complete the following if the requisition is to fill a vacancy: 111 New Position or Replacement Position for: Lonzo Coleman (Maintenance I) (Specify name add title offormer incumbent) If replacement, former incumbent: Retired/Resigned/Terminated EJ Transferred El Promoted Date incumbent terminated employment: 7/6/18 Date of final payout: 7)Q,18 OM Anticipated start date: 7/10/18 No. of hours/week: 40 Work schedule: varies, evenings & weekends Justification of need for position: This position is required for evening and weekend facilities supervision and event support services at the Center for the Arts. It is essential to have a qualified facilities supervisor in place during open hours to allow for museum programs and community/rental events, many of which are revenue -generating. What are the likely consequences if the position is not filled? The Center for the Arts will not have staff to adequately supervise facilities during evening and weekend hours, open/secure facilities for evening/weekend hours and to facilitate evening/weekend programs and rental events. The majority of the 1,200+ events hosted at WCA take place during these hours. APPROVAL, Annual salary requirements: $31,200 Hourly Rate: $15 Benefits: $21.500 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? Yes El No If no, how will position be funded? Approved subject to the following conditions: Submitting Department -fead 5/ VI/lb Date —142121,11‘ A Financial Officer Date Human Resources Chairperson Created 6/30/2017 ces Director Page 69 of 195 Submit resume by going to Www,cityorwaterloolowaxoni clicking on Job Vacancies, reviewing the Facilities Services Specialist description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, November 30, 2018. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION FACILITIES SERVICES SPECIALIST DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CULTURE & ARTS 815.00 per hour NON-EXEMPT INCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Performs general maintenance and custodial duties at the Waterloo Center for the Arts (WCA) including opening/securing and general supervision of the building on evening and weekend shifts. Oversees events as directed by the Facilities Services Manager and Events Coordinator, setting up/tearing down for in-house and rental events at WCA and RiverLoop facilities, and serving as a resource person, anticipating and responding to the questions and needs of patrons and other staff members. Assists with supervising support maintenance workers including those working under various community service and employment programs. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. Assists in the implementation of overall maintenance programs throughout facility, coordinating ongoing routine maintenance as well as building repair and improvement projects. 2. Performs daily cleaning of facilities including floors, galleries, offices, classrooms, theaters, meeting rooms, kitchens, bathrooms and other spaces. 3. Provides general supervision of the facilities during evening and weekend shifts. 4. Monitors and works to maintain a safe environment throughout the facility and responds appropriately to potential threats, accidents and emergencies. 5. Oversees and assists teardown for events, required materials and place. with set-up and ensuring that all equipment are in 6. Manages and assists with events as needed. 7. Anticipates the needs of facility users and responds to questions and requests from patrons. Responds professionally and courteously to customer complaints, directing complaints to the appropriate staff person when necessary. 9. Supervises support maintenance staff, Page 70 of 195 AARP and community services workers. 10. Assists with snow removal and general groundskeeping. 11. Checks rental equipment in and out. 12. Opens and secures building as needed. 13. Maintains records and prepares and submits reports as required. 14. Loads/unloads supplies, equipment and/or exhibits. 15. Operates City vehicles, including a 26,000 lb. panel truck with air brakes to deliver/pick-up supplies, equipment and/or exhibits. 16. Safely operates maintenance equipment including floor cleaners, snow blower and basic power tools. 17. Participates in Center for the Arts meetings, training and other activities as required. 18. Communicates with and maintains effective working relationships with coworkers, supervisors, Board members, volunteers and patrons. 19. Performs all work duties in accordance with City and WCA policies and procedures as well as OSHA, City and WCA safety rules and regulations. 20. Attends work regularly at the designated time and place. 21 Works independently and with others with minimum supervision. 22. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Ability, without direct supervision, to plan, organize and carry out all activities necessary to complete individual job assignments. 2. Ability to supervise, direct and motivate volunteers, interns, paid staff and contractual employees; ability to manage and assign projects. Ability to use independent judgment to assess problems and address or refer to appropriate WCA or City Maintenance staff person. 4. Ability to read basic building plans and diagrams. 5. Ability to safely operate basic hand tools, custodial maintenance equipment, floor cleaners and snow blower and 26,000 lb. panel truck with air brakes. 6. Ability to keep accurate and thorough records. 7. Ability to anticipate the needs of patrons using the facility based on activity type. 8. Ability to manage several project schedules and a variety of timelines and deadlines concurrently and to keep all projects organized. 9. Ability to work in stressful conditions. 10. Ability with minimum supervision to work independently or as a member of a team. 11. Ability to communicate orally and in writing and respond to questions or complaints from the public, business organizations, facility users and coworkers courteously and professionally in a clear, concise and easily understandable manner. 12. Ability to establish and maintain excellent relationships with the public, coworkers and WCA users and patrons. 13. Knowledge of fire codes and evacuation procedures. Page 71 of 195 14. 1..(nowledge of and ability to operate a personal computer and working knowledge of Microsoft Office including Word, Excel, Access or other database programs. 15. Knowledge of occupational hazards associated with custodial maintenance of a multi -use public facility. 16. Ability to work with people from a broad variety of social, economic, racial, ethnic, cultural and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING Prefer minimum Associate's Degree with one year experience in facilities management or basic building maintenance and custodial functions (volunteer or other unpaid experience may be considered) OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Work experience must be verifiable. Proficiency using a personal computer and working knowledge of Microsoft Word, Excel, Access or other database programs. 4 Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. A candidate with any of the following will not be considered: loss of license for any reason during the period of candidacy for employment if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 5. Must obtain Iowa Class D driver's license with endorsement for driving non- commercial vehicles weighing up to 26,000 pounds within six month probation. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. Sufficient speech and hearing that permits the employee to respond to questions from the public, facility users, community groups and coworkers in person or on the telephone. 2. Sufficient vision to work with facility users in planning layouts, setups and other needs. Sufficient personal mobility that peimits the employee to safely operate a passenger vehicle and panel truck and physically move from one location to another within the Center for the Arts and related facilities. 4. Sufficient strength to lift and carry objects weighing up to fifty pounds. MISCELLANEOUS 1. The City of Waterloo reserves the right to conduct a background investigation including employment, education, driving and criminal history checks on any applicant being considered for this position. 2. Following a conditional offer of Page 72 of 195 employment, the City of Waterloo reserves the right to require a physical examination, including a drug test, by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Required to submit to and successfully pass Civil Service testing including panel interview. WORK SCHEDULE Schedule will vary based on event schedule; may include evenings and weekends. One hour unpaid meal break. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. Failure to pass these tests will result in withdrawal of the employment offer. ORAL EXAMINATION DATE Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. A.A./E.E.O. Minority, fen -tale & disabled individuals are encouraged to apply. FACILITIES SERVICES SPECIALIST DESCRIPTION 18-4 July 2018 Page 73 of 195 February 8, 2019 1„r '0 A ESO ,11 TVU T 715 Mulberry St. • Waterloo, IA 50703 ® Phone (319) 291-4303 Fax (319) 291-45 9 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicant(s), who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Facilities Services Specialist for the City of Waterloo, Iowa Center for the Arts. List shall exhaust upon appointment. Respectfully submitted, 0 ogh CERTIFIED LIST Amanda Wellhouse Barry 'ns Date Lovie Ca well Da e CS LIST FACILITIES SERVICES SPECIALIST 19 Date WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 74 of 195 111111- �Ui �„ �� Page 75 of 195 CITY OF WATERLOO Council Communication FY 2019 Bridge Repairs - Dubuque Road over Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959. City Council Meeting: 2/18/2019 Prepared: 2/11/2019 REVIEWERS: Department Reviewer Action Date is^a�gdnmeering pCraran,sonnjaarrne Approved. 2/11/2(ptl9...::2,r Pi\.4 t.`k rk Office p^^"vu 2, p:,eAnnn Approved 2/E2/:I,019 — 1,: p PM ATTACHMENTS: Description D Bid .p."ap:uu.ukrtnrrru D Engineer's Bk 1"aallrnafn4:uo• SUBJECT: Type over 1\Men.i. 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 City Clerk to read bids and refer to City Engineer for review. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: Road Use Tax Page 76 of 195 FY2019 Bridge Repairs — Cont. No. 959 Bid Tab: February 14, 2019 Estimate: $ 471,515.00 Bidder Bid Security Bid Amount Cramer and Associates, Inc. Grimes, IA 5% $714,460.00 Boulder Contracting Grundy Center, IA 5% $334,269.00 Minturn Inc. Brooklyn, IA 5% $544,750.00 Peterson Contractors, Inc. Reinbeck, IA 5% $525,915.50 Page 77 of 195 BID TABULATION TERLOO CONTRACT NO: 959 W CO01l0 0 W_ 0 01 N N N Petesron Contractors, Inc. Estimated Total Price $15,975.00 $5,785.50 $223,440.00 $5,940.00 0 0 0 N o (0 1 01 n n M 01 M c-1 - VT 0 0 0 0 0 0 o v1 0101(011 n al .-I LA ifT LA 0 0 0 0 o N 0 0, 0'1 VT N 00 $800.00 $5,550.00 0 0 O O 0 0 (a o n 0 N 0 VT 00 u> 0 0 O O 0 0 0 o o a1 c -I 01 c -I V VT VT $5,850.001 $2,510.00 0 an n n n .-i VT 525,915.501 Estimated Unit Cost 106.5 43.5 147.0 165.0 0 v1 ai 00 0 (0 .-1 0 0 0 n v1 0n M a 0 v1 0 m v1 .H .-I .4 0 0 0 0 0 M 1 0 0 0 o 0 0 M 0 01 ci 5,500.0 22,950.0 0 0 n o .-I c1 0 u1 N 00 n n n r Subtotal Minturn, Inc. Estimated Total Price 0 0 0 0 00 O N VI M 'Cl-- V1 V VT } $255,360.00 $3,600.00 0 0 0 0 0 0 O O Al 6 00 00 M N VT V} 0 0 0 0 0 0 O 00 Cl- n H 01 c -I M V1 V? 0 0 0 0 0 0 O N 0 M N r VT M U? 0 0 0 0 0 0 00 t0 00 t0 6N u? 0 0 0 0 0 0 00 0 n 0 O V} V if, 0 0 0 0 0 0 0 0 V1 0 V N V? 0 0 0 0 0 0 0 0 0 n O .4N c -I V} VT 0 0 0 0 0 VT 543,850.00 Estimated Unit Cost 00 666666 M V 0 0 t0 O N N 0 0 N O N N 3,600.0 35.0 0 0 0 O 0 N Vl 0 0 O t0 ci M N 0 0 0 0 0 0 M O O N 0 0 0 0 0 00 N O n N 0 0 0 0 0 0 N n 0 . 0 0 O N Subtotal Cramer and Associates Estimated Total Price 0 0 O O O V1 V1 0 N M .4 .--I .-1 c-1 VT 0 0 O 0 O O 0 0 0 00 01 0 0 c -I VT $46,500.00 $36,125.00 $15,200.00 $52,500.00 0 0 0 0 0 0 O N 0 M 00 n VT M VT 0 0 0 0 0 0 O O 00 n 00 M UT 0 0 0 0 0 0 0 0 n 0 001 0 VT CO VT 00'000'OL$ 00.00z$ 0 0 O O O O 0 0 0 Vt vl c -I .-1 VT VT 0 0 O 0 V1 n VT 714,460.00 Estimated Unit Cost 75.0 85.0 0 0 0 0 0 0 Al M 0 0 0 vi Ln Al c -I .-I 3,800.0 50.0 0 0 0 0 O N 0 N 100.0 20.0 0 0 0 0 0 0 M 0 O 4 100.0 35,000.0 0 0 0 0 0 0 M Ln H 0 0 0 Ln n Subtotal Boulder Contracting Estimated Total Price 0 0 0 0 0 01 O V1 O O 0 M V} V} 0 0 0 0 0 0 V V V .-1 n V V V} N VT 0 0 0 0 0 0011 V V1 co 0 al al .-1 ci VT V} 0 0 0 0 66 O O N N M N c-1 N V1 V? $4,800.00 $22,392.00 $840.00 $1,665.00 O O O O 6 O 4 0 M 01 N LD VT N VT O O O O O O N 0 0 0 .4 O VT c -I VT $18,100.00 $875.00 O O O O N n 100 334,269.00 Estimated Unit Cost 40.0 23.0 O O n 01 01 .-1 .-I 64.0 68.0 0 0 O V O N M M 0 0 O N 0 ci N c-1 0 0 V1 a, 0 c -I 255.0 13, 250.0 510.0 5,000.0 0 0 N N l0 n M 00 7,200.0 Subtotal Engineer's Estimate Estimated Total Price 0 0 0 0 . 0 0 00 n 0 00 001 N VT V} 0 0 0 0 0 0 0 H0 0 c-1 CO- N N V} N VT 0 0 0 0 0 0 0 0 t0 0) 0 O0 .-I Al V} V} 0 0 0 0 0 0 0 0 0 0 O M N t0 VT 1/T 0 0 0 0 0 0 0 N 0 M V 00 VT M u? 0 0 0 0 0 0 0 0 0 c -I r1 .--1 VT .r1 u? 0 0 0 0 0 0 N 0 Qi 0 0 N U? 0 0 0 0 0 0 0 0 0 0 LA 0 VT In U? 0 0 0 0 0 0 001 0 Al 0 H c -I V} V} 0 0 0 0 0 VT I 0 0 O t0 N O 00 Estimated Unit Cost 0 0 0000 O 00 N N V T V} 0 0 O O I . .-I V}0 VT 00'00T$ 00'09$ 0 0 0 0 0 0 0 t0 0 VT N VT 0 0 0 0 0 0 O N 0 VT c4 VT 00'09$ 00.00Z$ 0 0 0 0 0 0 0 0 ci 0 VT O c -I VT 0 0 0 0 0 0 0 0 0 0 Al LA VT N VT 0 0 0 0 001 0 N 0 VT 0 VT 0 0 0 0 0 VT Estimated Total Quantity 0 0 0 00 .moi CMA 0 0 O (0 N M LA 0 0 O a, .-1 00 M Al 0 0 a 0 (I, O 0 0 a (0 l0 W 8.0 185.0 N 0 a1 N 2.0 2.0 0 0 0 .-1 VI 0 .-1 Y D Y Z U 0 Y Y ,n ✓1 Y 1i ,) —I 2 U Y w N 2 U Y w 0 2 U w J ¢ J N 00 J 2 LL U J w 00 Item Description COMPACTING BACKFILL ADJACENT TO BRIDGES, CULVERTS OR STR1 GRANULAR SHOULDERS, TYPE 'B' AS PER PLAN BRIDGE APPROACH, TWO LANE MEDIAN, P.C. CONCRETE, AS PER PLAN DETOUR PAVEMENT NEOPRENE GLAND INSTALLATION AND TESTING CONCRETE BARRIER RAIL MACADAM STONE SLOPE PROTECTION BLAST CLEAN AND PAINT BEARING PLATE REMOVAL OF PAVEMENT SAFETY CLOSURE PRESSURE RELIEF JOINT, CF PAINTED PAVEMENT MARKING TRAFFIC CONTROL CONSTRUCTION SURVEY MOBILIZATION REPLACE GUARDRAIL AND TIMBER POSTS FURNISH AND INSTALL EXPANSION JOINT CURB PLATE REPAIR BARRIER RAIL Zci N M cr N t0 n 00 a1 O9 ci ci 13 14 N LO N CO a) 400 Technicall(FY 2019 Bridge Repai Page 78 of 195 CITY OF WATERLOO Council Communication Resolution approving a Real Estate Purchase Agreement with AMA Real Estate, LLC of Waterloo, Iowa, in the amount of $51,000 plus up to $10,000 in closing costs, to acquire approximately 0.7 acres, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 2/18/2019 Prepared: 2/13/2019 REVIEWERS: Department Reviewer Action Date 1° pnt:nnm'aa..g & Zoring Schroeder, Aloe Approved. 2/13/2019 - 10: 9 .M\4 Clleak Office Even, 1:.eAnnd Approved 2/13/2019 - 1:44 AM ATTACHMENTS: Description Type D A.MA.A.,:a a°nia:°ng Backup Marten: SUBJECT: Submitted by: Resolution approving a Real Estate Purchase Agreement with AMA Real Estate, LLC of Waterloo, Iowa, in the amount of $51,000 plus up to $10,000 in closing costs, to acquire approximately 0.7 acres, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Adopt resolution Expenditure Required: $51,000 in acquisition costs and up to $10,000 in closing costs. Source of Funds: East Unified TIF funds Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not approve Background Information: Legal Descriptions: They City currently owns approximately 6 acres adjacent to the property in question and has been working with multiple developers to develop the property west of the land in question. An additional 80' is needed for all of the projects to occur at this location. City staff believe this lot is a crucial lot to obtain for redevelopment of the area. The west 80' of PART OF SE 1/4 SEC 5 T 89 R 13 DESC AS COM AT SE COR SEC 5 TH S 88 DEG 56 MIN 20 SEC W 74.38 FT THN 01 DEG 03 MIN 40 SEC W 126 FT TO POB TH TH S 88 DEG 56 MIN 20 SEC W 863.24 FT TH N 1 DEG 03 MIN 40 SEC W 363.77 FT TH S 89 DEG 12 MIN 46 SEC E 863.69 FT TH S 01 DEG 03 MIN 40 SEC E Page 79 of 195 335.92 FT TO POB Page 80 of 195 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: AMA Real Estate, LLC ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as the westerly eighty (80) feet, more or less, of tax parcel no. 8913-05-476-006; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $51,000.00, of which $100.00 is on deposit with the law firm of Clark, Butler, Walsh & Hamann, to be held in trust. The entire Purchase Price shall be due and payable in full at closing. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money held in trust shall be returned to Buyer. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 30 days after approval of this Agreement by the Waterloo City Council and completion of a survey of the Property, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing . date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: N/A 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Page 81 of 195 Within 30 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller shall obtain, at the expense of Buyer, an abstract of title to the Property from Black Hawk County Abstract & Title continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer shall have the Property surveyed at Buyer's expense to provide a legal description for the Property. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: lVbne. 4o Se lers II4b >Iei 2 Page 82 of 195 C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. N/A. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. If the Property is or becomes an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance 3 Page 83 of 195 because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: AMA Real Estate LLC 3070 Airline Highway Waterloo, IA 50703 Attn: Adam Delagardelle Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not Iimit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. 4 Page 84 of 195 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2019, this Agreement shall be null and void. Dated .2 -! ' ol'( Accepted by Seller BUYER SELLER City of Waterloo, Iowa By: Mayor Attest: City Clerk 5 AMA Real Estate LLC By: 4A, J vvikk Adam Delagardel, President Page 85 of 195 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with VIA Rail Engineering of Maribel, Wisconsin, in an amount not to exceed $22,130, in conjunction with a Rail Yard Public Safety Improvement Study, and authorize the Mayor to execute said document. City Council Meeting: 2/18/2019 Prepared: 2/13/2019 REVIEWERS: Department 1° pataar'ing 8 or O Clerk Office, Reviewer Schroeder, Ar. c Even, p.,elwa��a Action A pp ro ved Apparoveil ATTACHMENTS: Description Type D Contract with \/.A.Rail Backup Ma:teu: SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Date 2/13/2019 ... 2/13/2019 0:44M p :32, AM. Resolution approving a Professional Services Agreement with VIA Rail Engineering of Maribel, Wisconsin, in an amount not to exceed $22,130, in conjunction with a Rail Yard Public Safety Improvement Study, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director To approve and authorize the contract. The City is working with VIA Rail Engineering to conduct a safety study on the downtown rail yard. The yard has posed many safety concerns in the past for the residents of Waterloo and the city would like to evaluate the feasibility of relocation of the rail yard. Up to $22,130.00 East Unified TIF Economic Development policy number 1, 3 &4 within the Strategic Plan. N/A Page 86 of 195 Feasibility Studies Budget Development Design Coordination' Rcrilrocrd Permitting :.Project 3lfanagement Client Representation Personal Approach Logistics Planning Quality Assurance Expert Witness Wilt RAIL ENGINEERING December 17, 2018 Mr. Noel Anderson Director of Planning and Zoning City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Sent via email: noel.anderson@waterloo-ia.org Re: Waterloo Public Safety Improvement Via Rail Proposal No. P18WL0001 Dear Noel, We are pleased to continue our relationship with you and the City of Waterloo (CITY) in this serious matter of railroad corridor public safety, improvement analysis and future planning. Via Rail understands that the CITY has requested this proposal to assist with site evaluation of the CN Waterloo Yard located in vicinity of Waterloo High School. Serious pedestrian injuries have occurred at this location and continue to be critical safety concern due to the unrestricted passageway of students and train switching movements within the CN Yard. CITY has considered various alternatives to curb student exposure to moving trains, such as pedestrian walkways, with significant challenges and obstacles. Therefore, the CITY is requesting support to evaluate the feasibility of relocating the CN Waterloo Yard and switching operation from the current downtown location. One would expect that the new CN Yard location will have little or low pedestrian exposure and safety concerns. The relocation is expected to result in improved safety of pedestrians in the area of the current rail yard, provide traffic congestion relief and overall betterment of the downtown environment. Based on our understanding of CITY pedestrian safety concerns and planning initiative, we have prepared the following task descriptions aimed to clarify our proposed services. CN Yard Relocation Alternatives Analysis: Via Rail will gather readily available internet, railroad, and CITY provided GIS information to use as a base map for the site location analysis. Utilizing the assembled documents as our base map, Via Rail will create conceptual planning level railroad infrastructure layouts that correspond to existing Via Rail Engineering Inc. 14727 Maribel Road, Maribel, Wisconsin 54227 Phone 920-367-2000 fheafy@viarailengineering.com Page 87 of 195 CN Yard configuration and storage capacities, additional designated infrastructure areas for possible material laydown, locomotive fueling, and other criteria obtained from CN Engineering and Operations. Via Rail understands that this safety initiative and Rail Yard relocation will require communication, cooperation and ongoing correspondence between CITY and CN. We anticipate preparation of three potential Rail Yard site iterations for review and analyzing. We will submit the three alternative locations for CITY and Stakeholders review. Via Rail will attend a face- to-face meeting and assist in the evaluation process of each alternative and selection of preferred iteration. Upon your authorization and timing, Via Rail will schedule a meeting with CN Engineering and Operations to review the preferred relocation opportunity and allow CN to provide feedback and support guidelines. Based on CN comments and directives, Via Rail will incorporate necessary revisions to our conceptual layout and utilize this document in preparation of our Opinion of Probable Construction Cost (OPCC) and Construction Schedule to complete our analysis work effort. On behalf of CITY, Via Rail will monitor the project process with CN and maintain communications with the CITY throughout this initiative. Professional Fee Break Down: Task 1: Task 2. CN Railyard Alternative Analysis $ 16,250.00 Prepare OPCC & Construction Schedule $ 5,880.00 Our fee for the described services is based on the Lump Sum amount of Twenty -Two Thousand One Hundred Thirty Dollars ($22,130.00). Via Rail will invoice monthly for actual services provided to date and not exceed our lump sum fee. Our proposed service is limited to conceptual planning layouts, two (2) project meetings, and railroad submittals. We have not included: detailed preliminary railroad engineering, site civil design or final railroad approval and construction permitting. Thank you again for this opportunity to assist you with this project and your confidence in our services and capabilities. Should you find our proposal complete and acceptable, please execute below. An emailed scanned copy is acceptable and will serve as Notice -to -Proceed. Sincerely, Benedetto Guido CEO Approved by: Name: Title: Date: 2 1 P a g e Waterloo Public Safety Improvement — Proposal No. P18WL0001 Page 88 of 195 CITY OF WATERLOO Council Communication Resolution of support for the State of Iowa to fund the Iowa's Natural Resources and Outdoor Recreation Trust Fund. City Council Meeting: 2/18/2019 Prepared: 2/13/2019 REVIEWERS: Department Reviewer Action Date 1° p rc:mm�rrog; &, Zo .. n. Schroeder, Aric /Approved. .2/13/2 . ' AM t.,llerk Office .p^^"vtn, .p:.eAnn .Approved 2/1.3/2019 ... 11 :15 AM ATTACHMENTS: Description D V::3p ( 130, pies(.hu D New .Article SUBJECT: Submitted by: of A:pp rcr Type Cove .1\4en.roo Laver Memo Resolution of support for the State of Iowa to fund the Iowa's Natural Resources and Outdoor Recreation Trust Fund. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Governor Kim Reynolds has indicated that there is interest by some lawmakers in raising the state sales tax by a penny to help fund a Natural Resources and Outdoor Recreation Trust Fund, along with providing funding to mental health initiatives and property tax relief. Representatives of Iowa's Water and Land Legacy have said that the trust fund would be important to water quality, soil health and outdoor recreation, as well as economic development, public health and rural revitalization. The Black Hawk County Board of Supervisors passed a resolution of support on January 29, 2019 and we request that the city council do the same and authorize the Mayor and City Clerk to execute said resolution. Attached to this letter is the resolution passed by Black Hawk County and how the City of Waterloo should word their resolution and a news article from the Cedar Rapids Gazette. None N/A Economic Development and Recreation Page 89 of 195 110, 1:1111,1 J1101 'ipplq01111 4111 1111 �� n� � Black Hawk County B==d of Supervisors Linda LLuy6o Tom Little Dan Trelka Chris Schwartz Craig White 8]3']076 893'3075 822'3077 833-3074 833'3078 Susan Deato Finance DirectorAdministrative Aide Dana Laidig RESOLUTION IN SUPPORT OF FUNDING IOWA'S NATURAL RESOURCES AND OUTDOOR RECREATION TRUST FUND January 29, 2019 WHEREAS, in 2010, 63% of Iowans voted for a Constitutional ncuendmcot to create the Natural Resources and Outdoor Recreation Trust Fund, WHEREAS, this trust would create apermanent and protected funding source dedicated to clean water, productive agricultural soils and thriving wildlife habitats. WHEREAS, this fund would generate estimated revenue of over $187.5 million each year WHEREAS, up to two-thirds of the total revenue of the Trust Fund is available for voluntary, non- regulatory, WHEREAS, over $670 million in unmet, shovel -ready project needs have been identified and are ready to go once funding is available. WHEREAS, the vast majority of Trust Fund dollars are designated for water quality improvement projects, including lake restoration, wildlife habitat projects, water protection and enhancing flood protection efforts. WHEREAS, trust Fund dollars can be used for wildlife habitat, parks and nature preserves — ensuring open spaces for the next generation to enjoy Iowa's traditions of hunting, fishing and outdoor recreation. WHEREAS, the Trust will fund voluntarynon-regulatory conservation partnerships and is accountable to taxpayers through public oversight, mandatory annual audits and regular reports submitted to the Iowa WHEREAS, quality of life initiatives will ensure that Iowa can attract and retain a qualified workforce while also guaranteeing that Iowa and its communities reap the economic benefits and vibrancy that is generated by ecotourism. WHEREAS, in Iowa, outdoor recreation generates $8.7 billion in consurner spending, $2.7 billion in wages and salaries, 83,000 direct Iowa jobs and $649 million in state and local revenue tax. WHEREAS, the State Legislature has ignored the will of the people by failing to fund the trust in eight consecutive legislative session. 316E.5th Street " Room 2O3"Waterloo, Iowa 50703•Phone: 31Q-833-30U3"Fax: 319-833-3070 Emai|supervioors©co.b|ock-hmwkja.ux Page 90 of 195 NOW, THEREFORE, be it resolved that we, the Bipartisan Black Flawk County Board of Supervisors, do hereby call on all members of the state legislature to honor the will of the people of Iowa and allow for the funding of Natural Resources and Outdoor Recreation Trust Fund. On motion by L , seconded by S i ssed and approved the 29th day of January, 2019. AYES: Laylin, Schwartz, Troika, White, Little. NAYS: None. 4.` Attie, Ch Re ution adopted. is Schwa CraifW ite 316 E. 511" Street • Room 203 Waterloo, Iowa 50703 • Phone: 319-833-3003 • Phone: 319-833-3070 • Email supervisors©co,black-hawk.ia.us www.o,t)lack-hawk.ia,us Page 91 of 195 Reynolds is 'interested' in a trust fund tax deal I The Gazette Page 1 of 8 Reynolds is 'interested' in a trust fund tax deal Gov. Kim Reynolds says all's "quiet" on the water quality front so far this legislative session. But maybe that's because all the action is happening behind the scenes. Reynolds told The Gazette's editorial board this past week there are lawmakers interested in raising the state sales tax by a penny, with the first three- eighths of that cent going to fill the Natural Resources and Outdoor Recreation Trust Fund created by voters in 2010. The other five-eighths could be used to pay for mental health programs currently funded by local property taxes. Property tax relief is a priority for the Republican -controlled Legislature. And not just lawmakers are interested. "I know there's some interest by some legislators, I said I would be interested in it," said Reynolds, who added she hasn't been in on discussions and hasn't seen details of the proposal. "Those discussions continue to happen. 1 don't know where they'll go this year. I can't get a good sense of that right now," Reynolds said. "Not opposed to it. I'm willing to be part of the conversation. But that may be something we really focus on in the interim if it doesn't get done this year." I, too, have heard rumors of grand bargains being cooked up on the sales tax front. But this is the first Page 92 of 195 https://www.thegazette.com/subject/opinion/staff columnist/iowa-governor-kim-reynolds-... 2/13/2019 Reynolds is 'interested' in a trust fund tax deal 1 The Gazette Page 2 of 8 time I've heard the governor suggest she's interested, bordering on supportive. It's true, our Golden Dome of Wisdom is the state's leading producer of trial balloons, as well as darts. Maybe this is a balloon that can catch a surprisingly strong updraft, but Republican legislatures usually aren't all that into tax increases. It could simply be that something's got to give. It's been more than eight years since Iowa voters approved a constitutional amendment creating the trust fund. It's been sitting empty ever since as skittish lawmakers and governors ducked the notion of a tax increase to fill it. The three-eighths cent would raise upward of $180 million for water quality, conservation and outdoor recreation. ARTICLE CONTINUES BELOW ADVERTISEMENT PINTS & POLITICS E -NEWSLETTER A lighthearted Look at Iowa political news right to your inbox. Email Address I am above 13 years of age, and agree to sending policies. SIGN ME UP VIEW ALL NEWSLETTERS Privacy Policy Page 93 of 195 https://www.thegazette.comisubj ect/opinion/staff-columnist/iowa-governor-kim-reynolds-... 2/13/2019 Reynolds is 'interested' in a trust fund tax deal I The Gazette Page 3 of 8 The amendment passed with 63 percent of the vote. Filling the fund is a popular idea, according to polls. Maybe 2019 is the year opposition finally breaks. That could be good news for those of us who want a stable, dedicated and sizable source of funding for measures keeping fertilizer -laden runoff from rushing into waterways. It's the sort of funding stream that could make a difference. I say "could" because we don't know the details. Devils, there within. One big detail is the funding formula, also known as the statute that spells out how trust fund dollars would be spent. The one currently on the books was created by a large group of environmental, agricultural and conservation stakeholders more than a decade ago. It was approved by lawmakers, which means the Legislature can change it. If lawmakers move toward a sales tax increase, there will be calls to change the formula and put more dollars into farm -based water quality projects and much less, or nothing, into trails, parks and other outdoor recreation uses. The Iowa Farm Bureau will be at the center of a formula debate. It hasn't been supportive of the fund or the push to fill it, but if it's going to happen, the Farm Bureau wants the bucks to go to farmers and conservation practices advocated through the state's Nutrient Reduction Strategy. Voters who liked the "outdoor recreation" part of the trust fund title, be damned. In fact, one of the Farm Bureau's 2019 legislative priorities is to oppose expansion of state parks, ostensibly out of a deep concern that the state can't afford upkeep on the parks it has. The Farm Bureau also wants property tax relief. So you see how the grand bargain may take shape. A large, balanced group of environmental, conservation and agriculture stakeholders may not be at the table this time in a GOP Legislature not exactly famous for transparency and consensus -building. Reynolds says changing the formula might be necessary. Page 94 of 195 https://www.thegazette.com/subj ect/opinion/staff -columnist/iowa-governor-kim-reynolds-... 2/13/2019 Reynolds is 'interested' in a trust fund tax deal The Gazette Page 4 of 8 "I just think all of that stuff needs to be on the table. That's part of compromise and negotiation," the governor said. ARTICLE CONTINUES BELOW ADVERTISEMENT 135.Yrai.s aC Gazelle }[etidllae 135 YEARS OF GAZETTE HEADLINES 135 of the most significant Gazette headlines reproduced in this 9" x 12", 160 page book. Limited Quantity! Available for mail delivery or pick-up. GET YOUR COPY TODAY! 0 0 So the good news could be that the trust fluid, at long last, is filled. The bad news may be that those dollars will go into a formula cooked up behind closed doors by the Farm Bureau and its allies. Then they'll be spent on existing programs still lacking meaningful bench marks, timelines or robust public data reporting to measure success. The formula is not untouchable. Changes might make sense. But any alterations should be subject to a broad, public discussion. Voters approved a fund in 2010 pitched to them as a source of dollars for outdoor recreation, wildlife habitat improvements and trails, as well as water quality. Outdoor recreation also doubles as Page 95 of 195 https://www.thegazette.comisubj ect/opinionlstaff-columni st/iowa-governor-kim-reynol ds-... 2/1 3/2019 Reynolds is 'interested' in a trust fund tax deal 1 The Gazette Page 5 of 8 rural economic development. Breaking faith with those Iowans to please powerful interests would be a mistake. A bargain, to be sure, but hardly grand. • Comments: (319) 398-8262; todd.doiman@thegazette.com Todd Dorman 24 Hour Dorman f Cannabis breaks ground, but Legislature spins wheels A few (fake) carols to brighten your holiday season Iowa's courts may be the next target Be careful what you wish for on water Too bad we can't call a vote All articles by Todd > GIVE US FEEDBACK We value your trust and work hard to provide fair, accurate coverage. If you have found an error or omission in our reporting, tell us here. Or if you have a story idea we should look into? Tell us here. Page 96 of 195 https://www.thegazette.com/subject/opinion/staff-columnist/iowa-governor-kim-reynolds-... 2/13/2019 CITY OF WATERLOO Council Communication Resolution approving the acquisition of property in the amount of $1.00, and acceptance of a quit claim deed from the Waterloo Community School District, for property located west of 3610 Ansborough Avenue. City Council Meeting: 2/18/2019 Prepared: 2/13/2019 REVIEWERS: Department 1° p ac:nmaarog;, .doral: Clerk. Office Reviewer Schroeder, Auric Even, L eAnn ATTACHMENTS: Description D .Acceptance nntbnurrnua Loin SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Alternative: Legal Descriptions: Action Approved Approved Type Date 2/13/2 AC14 2/13/:2019... 1D:42, A.M_ Resolution approving the acquisition of property in the amount of $1.00, and acceptance of a quit claim deed from the Waterloo Community School District, for property located west of 3610 Ansborough Avenue. Submitted By: Noel Anderson, Director of Community Planning and Development Approval The Board of Education approved the sale of the property to the city for $1.00 at their November 23, 2011 meeting. None N/A Not accept the property. Parcel C of plat of survey with recording information 2013-13861 in the Black Hawk County Recorders office. Page 97 of 195 QUIT CLAIM DEED TETE TOWA STATE BAR ASSOCIATION Official Form No. 106 L Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Steven A. Weidner, 528 W 4th St., Box 1200, Waterloo, IA 50704-1200, Phone: (319) 232-6555 Taxpayer Information: (Name and complete address) City of Waterloo, Iowa, 715 Mulberry Street, Waterloo, IA 50703 Return Document To: (Name and complete address) City of Waterloo, Iowa, 715 Mulberry Street, Waterloo, IA 50703 Grantors: Grantees: Waterloo Community School District City of Waterloo, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: Tha Iowa Shita Aur A%ocEoiion 2019 LO\VADOCS4` Page 98 of 195 QUIT CLAIM DEED For the consideration of One and no/100 Dollar(s) and other valuable consideration, Waterloo Community School District, an Iowa school corporation organized and existing under the laws of the State of Iowa do hereby Quit Claim to City of Waterloo, Iowa all our right, title, interest, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: Parcel C of Plat of Survey in the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section Five (5), Township Eighty-eight (88) North, Range Thirteen (13) West of the Fifth (5th) Principal Meridian in the City of Waterloo, Black Hawk County, Iowa and recorded as Doc. #2013-13861 in the office of the Black Hawk County Recorder. This deed is exempt according to Iowa Code 428A.2(6). Each of the undersigned hereby relinquishes al1 rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: \ I t 9 I Z..D t4,.. LL -)4/6}.(.,a6; l Waterloo Community School District ( iltor) (,LUCGCbtv Grantor) LjoK:f'- .c . (Grantor) (Grantor) (Grantor) STATE OF 1 a- , COUNTY OF i i C, ,( lc‘akc.,V This record was acknowledged before me onNov,- ; lel Zc7 l P, by (Grantor) LINDA AhfMS l I UNG COMMISSION NO. 765943 ;V,Y COMMISSION EXPIRES A n Signature of Notary Pu © The lowa State Bar Association 2018 Form N0.106, Quit Claim Deed lowaDocs® Revised January 2016 Page 99 of 195 REPRESENTATIVE CAPACITY ACKNOWLEDGMENTS STATE OF IOWA , COUNTY OF BLACK HAWK This record was acknowledged before me on , by Shanlee McNally and Pamela Arndorfer as Board President and Board Secretary, respectively, of Waterloo Community School District L NDA ARMSTRONG ':)MIVIISSION NO, 765943 v Y COMMISSION EXPIRES STATE OF , COUNTY OF vN.AA Signature of Notary Publ is This record was acknowledged before me on , by as of STATE OF , COUNTY OF Signature of Notary Public This record was acknowledged before me an , by as of STATE OF , COUNTY OF Signature of Notary Public This record was acknowledged before me on , by as of Signature of Notary Public Page 100 of 195 Prepared by: Steven A. Weidner Return to: Swisher & Cohrt, P.L.C., 528 West Fourth Street, P.O. Box 1200, Waterloo, lA 50704-1200, (319) 2326555 AFFIDAVIT STATE OF IOWA ) ss: COUNTY OF BLACK HAWK I, Pamela Arndorfer, being first duly sworn upon oath, do state as follows: I am the Secretary of the Board of Education of the Waterloo Community School District and make this Affidavit for the purpose of placing of record the proceedings before the Board of Education of the Waterloo Community School District in connection with the sale to the City of Waterloo, Iowa, of the following described real estate: Parcel C of Plat of Survey in the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section Five (5), Township Eighty-eight (88) North, Range Thirteen (13) West of the Fifth (51 Principal Meridian in the City of Waterloo, Black Hawk County, Iowa and recorded as Doc. #2013-13861 in the office of the Black Hawk County Recorder. I certify and affirm that the attachments to this Affidavit are true copies of the original documents that are part of the official records of the Waterloo Community School District and are evidence of the proper procedure required by Section 297.22 et seq., Code of Iowa, as amended, for the proper sale of real estate by an Iowa school corporation. Those documents include the following: Page 101 of 195 1. Affidavit of Publication —Notice of public hearing; and 2. Copy of excerpts from the official minutes of the meeting of the Board of Directors of the Waterloo Community School District of August 10, 2011, for the public hearing and action to seek interested bidders and of May 3, 2013, approving the sale of the real estate described above to the City of Waterloo, Iowa. Pamela G. Arndorfer L Secretary, Board of Education Waterloo Community.School District Subscribed and sworn to before me by Pamela G. Arndorfer this t e1th day of Sce4.1tembcr-, 2018. 2 �r71,r� CAn Notary Public in and for the ' a of Iowa LINDA ARWV1STRONG 4, COMMISSION NO. 765943 MY COMMISSION EXPIRES Page 102 of 195 STATE OF IOWA, Black Hawk County 1 do solemnly swear that the annexed copy of 1363844 NOTICE OF PUBLIC HEARING FOR THE SA notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 09/27/2011, in the issues of 09/27/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer r s Bill $31 63 Signed a Subscribed and sworn .. before me this 3 clay o ( scea.:ky Pub l is Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: NOTICE Or PUBLIC 1IEARli1G FOR THE SALE OR DISPOSAL OF SCHOOL DISTRICT REAL PROPERTY Notice is hereby gluon, In accordance w,6, Chaplor297.22 dam Code of Ione), de applicable, to Iho Board of Directors alike WATERLOO COMMUNITY SCHOOL DISTRICT, WATERLOO, IOWA. Thd Dislriol includes all or part or the far- rowing bore tounllos: BLAOI<HAWIS. The said Board propose s !a consider ef- lora for tho solo or disposal of surplus roil properly that is school di3Orict prop, arty of the WATERLOO COMMUNITY SCHOOL DISTRICT, WATERLOO, IOWA. Surplus property being considered for sole or dtoposnl In Waterloo School 01c- IlICI is as follows: Weal Ridge Sahool, 2610 Ansbornugh Ave. (Two Parcels) Wesfrfdge School Silo PareM We( o1 buidPn Devonshire School, S15 Devonshire Edison Schaal, 740 Magnolia Parkway (Two Parcels) Main School Silo Ornanbrlbordering But/din: Falls564 Avenue Drive (Two Parcels) Morn School Parcel bordering Cedar Bend Strool Central Middle School: Parcel on corner of Huntinglen Road and lialooldAvenuo Castle Hill Booboo, 1720 Mgynard Avenue AvenOld Irvingue School, 72B Hawthorne Vacant lot neerJr.tyelr School Corner of Payne Shoot and Brookside Avenue Information mission of offers tvan by receive ]tbrty end y conlocling tho EDUCATIONAL SER- VICe.CENTER. WATERbO y'COf1MO- O, PI[ i Y ?OWA, SCHOOL DISTRICT, WATER - LO A public hosting at Which any and nn hi• Wrested peraans may appear and filo objections le sold proposed rale or die, posel of surplus reel property will bo held an provided by taw in the BOARD ROOM, EDUCATIONAL SERVICE CENTER, WATERLOO COMMUNITY SCHOOL 0/STRICT, 1510 WASFIINo- TON STREET, WATERLOO IOWA 50702.. The lime of public hearing Is hereby set al 6:00 PM (local time) on October 10, 2011. Delude!: WATERLOO. IOWA, this 22nd rlay or September. BSt Order of: BOARD OF DIRECTORS OF THE WATERLOO COMMUNITY SCHOOL DISTRICT, WATERLOO, JOWA 5 )7o2 BY 5lternn t.ilfior. Secretary to the i board Page 103 of 195 r' TERLOO COMMUNITY SCHOOL DISTRICT BOARD OF 'EDUCATION NUTTING October 1€ , 2011 6r00 p.m. REVISED xhibit 1. eau to Order 1I. Mnornet of Silence DI, fledge off Allegiance IV. Mission Statement V. Public Hearing for Stale or Disposal of Real Property A Page I VI. Board Celebration •- TeannMatcs'Neuterinag Receives "Visionary 13 Leadership Award" Page 3 VH. New .Partnership Signing- Church Raw Historical Neighborhood Association Page 5 VTI. Information from .Individuals and Delegations IX. Consent Agenda • Minutes of the September 26, 2012 and 5eptenber 29, 2011, Regular U .Board Meeting, and Social Session Page 6 • Personnel Appointments and Adjustments 11 Page 11 • .Balls Due and Payable and Bilis Pard Between Board Meetings P Page 14 m Cooperative Sponsorship Agreement 6 Page 23 O Delegate Assembly Representative, LIST Legislative Action Network Tri Member, and UEN Representative Page 25 X. Appointment of the 2011-2012 School Improvement Advisory Committee l Page 26 XI, Technology Purchase for Becker Elementary,1 Page 23 .XII. Innovative Tablet Technology Pilot K Page 31 XIII. Disposal of Real Property 1, Page 39 XIV. October 24, Board Meeting Changed to 4:00 .p.m, in Orden to Attend the M Leader Valley Rally Page 4$ XV, Superintendent's Report XVI, Information from Board Members Adjourn Page 104 of 195 EXHUT E3 fT A BOARD OF EDUCATION MEETING TING October 10, 2011 ISSUE: Disposal of Real Property CONTACT: Michael Coughlin, Chief Financial Officer .Marty Metcalf, Director of Operations ATTACHMENTS: Public Hearing .for Sale or Disposal of ileal Property BACKGROUND: In accordance with Section 297.22 of the Code oflowar a Public Hearing is required ifthe Board of I3ducalion of a school corporation proposes consideration of sale or disposal of real property that is school distract property. A public. hearing provides so that any and all interested persons may appear and file objections to said proposed sale or disposal of surplus real property. Surplus property being considered for sale or disposal in Waterloo School District is as follows: o West Ridge School, 3610 .Ansborough Ave, (Two Parcels) o Westridge School Site o Parcel west of building • Devonshire School, 515 Devonshire Drive • Edison School, 740 Magnolia Parkway (Two Parcels) o Main School Site o Parcel bordering Falls Ave • Greenbrier Building: 1554 Oakwood Drive Two Parcels) o Main School Site o Parcel bordering Cedar Bend Street Land at Central Middle School: o Parcel on corner of Huntington Road and Katoski Ave. • Castle Hili School, 1720 Maynard. Avenue O Old Irving School, 728 Hawthorne Avenue • Vacant lot near Jewett School o Corner of Payne Street and Brookside Ave. PUBLIC I A.R t `G Page 105 of 195 EXHIW L BOARD OF EDUCATION MEETING October 10, 2011 ISSUE: CONTACT: ATTACHMENTSt :Disposal of Real Property Michael. Loughlin, Chief Financial Officer Marty Metcalf, Director of Operations Site Maps of Properties BACKGROUND: In accordance with Section. 297.22 of the Code of Iowa, a Public Hearing is required if the Board of Education of a school corporation proposes consideration of sale or disposal of real property that is school district property, A public hearing provides so that any and all interested persons may appear and file objections to said proposed sale or disposal of surplus real property. This meeting was held at 6:00 P.M on this date. Surplus property being considered for sale or disposal iii Waterloo School District is as follows: • West Ridge School, 3610 A.nsborough Avc. (Two Parcels) o Westridge School Site o Parcel west of building • Devonshire School, 5.15 Devonshire Drive ▪ Edison School, 740.Magnolia Parkway (Two Parcels) o Mairi School Site o Parc[ bordering Falls Ave • Greenbrier Building: 1554 Oakwood Drive (Two Parcels) o Main School Site o Parcel bordering Cedar Berid Street • Central Middle School: o Parcel on corner of Huntington Road and Katoski Ave. • Castle Hill School, 1720 Maynard Avenue • Old Irving School, 728 Hawthorne Avenue Vacant lot near Jewett School o Corner of Payne Street and Brookside Ave. Tn an effort to inform the public, the district will post "For ,Sale" signs at all the propertie,s and supply information packets to interested bidders. THE SUPERINTENDENT'S RECOMMENDATION 1S: "the Board of Education accept proposals or. the listed properties until Wednesday, November 23, 2011, the Board Facility Committee will review and present recommendations to the full Board of Education at the December 12, 2011 Regular Meeting." 9 Page 106 of 195 11.4‘,M004:4., ',MP:4,4AL Westridge 11,18880 FT 40 Site 1 - 2.95 ACRES Site 2 - 2.95 ACRES Total Acres - 5.9 ACRES Minutes of thcBoard of Education Waterloo Community School ;District County of :Black :Hawk, State of Iowa October 10, 2011 The Board of Education of the Waterloo Community= School District, County of Black Hawk, Slate of Iowa, was culled to meet in regular session at 6:00 p.m. on Monday, 00ober 10, 2011, in the Board Room of the Education Service Center, 1516 Washington Street, Waterloo, Iowa. Present: Board .members: Shanlee McNally, Sue Flynn, Bernice Richard, Mike Young, Andrea Sparks Superintendent, :Dr. Gary Norris Chief Financial Otiicer/Board Treasurer, Michael Coughlin Executive Director of School & Community Relations/Board Secretary, Sharon Mader Associate Superintendent for Educational Services, Dr. Jane 'Andaman Absent: Board members: Kyle Schmitt and David Meeks Assistant Superintendent for Administrative/Student Services; Dr. Peg Dokken-Opat Associate Superintendent for Human Resources & Equity, Dr. Bev Smith >1. Call to Order Moment of Silence III. fledge of Allegiance IV. !Mission Statement The Waterloo Schools 3vlission Statement was read by Ms, Richard. V. Public Hearing for Sale or :Disposal of Real Property Mr. Young declared the Public Hearing for the Sale or Disposal of Real Property open. Dr, Gary Norris, Superintendent, provided information. Ellen 'Vanderloo, 3608 Inverness Road, Waterloo, spoke concerning the West Ridge property. It .s s moved by Nels, Richard.and _s&�r�;ind d by Ms iV1LNal.ly to:ttloso ho.Put.,lii I:1.d ul Ii,t' alai;: o.or I: iSpose l o t�CL 1. P ol-,t�1ty. Motion earr-icd 5-0, VI, Board Celebration — Team -fates Mentoring Receives "Visionary Leadership Award" This item was presented as trrformation Only. Ellen Vandcdoo, 'TeamMates Mentoring Coordinator, provided information an the award as well as the TearMates Mentoring program within the Waterloo Schools. VII New Partnership Signing — Church Row Historical Neighborhood Association This item was presented as Information Only. Crystal Buzza; Director of Strategic Partnerships, and Steve Thune, Irving Elementary Principal: provided inibrmation on Irving's new partnership with the Church Row Historical Neighborhood Association_ Mary Potter spoke on behalf of the Church Row Historical Neighborhood Association_ VIII. Information. from Individuals and Relegations No public comments were brought forth. Page 108 of 195 IX. Consent Agenda .t was movedtv.k s, Richard and sccon 1cd by M..1N1eN 1i. } that the: BO* oI"Education anprove e tlac, t.eitlie:ilt agenda as re.vised Motion carried y -Q. Motions approved were: • Minutes of the September 26, 2011, and September 29, 2011, Regular Board Meeting, and Special Session O Personnel Appointments and Adjustments ▪ Bills Due and Payaabie and Bills Paid : etween Board Meetings • Cooperative Sponsorship Agreement Exhibit : :c Delegate Assembly Representative, ASB Legislative Action Network,'Member, and U EN Representadve It was moved by Ms. McNally and v.,e andekd 1 N< s .1\ Lhdt the Board o dne tion appoint Lyle- Schmitt asthe lA.,S1:1 T.,AN rektegentai raz i rttico .1 i6< d a,1 the i elet teto 1la A" B. d lggate, assembl ,rid 'Mike 'Y;ount .a.1 tlrea tU11?1;repr•1.:;5@.fl(;xt.14k'.'. '1 aim- carried X, Appointment of the 2011-2012 School Improvement Advisory Committee It wast toyed b ' 1\4Ri ;-llaicl Ran l s 011 h(1,by Ms. SLortcs i t1 thepotird rel" l' hica'tti)t _4iilltl'c'sve the ail poinuril nt tsi t 2011-20.0 0. Sc€7i)t l lttlprostortf nt (''otiirrr'i.ttec;=. Sharon v!iller, Executive Director of School and Community:Relations,. Jane Lindaanaea, Associate Superintendent for Educational Services, and Pam Arndorfer, Assistant to the Superintendent, provided information. 4 friendly amendllten .wr.g.e c tk?dJ v MS: Richard and. ,pat i to tlppit vt. the DppointIOnt. Of..1110.7011.:1 12 Sz tO�oi .l' to rove:E iont Advisory Committs.=t; � i111.t 3 ,ad I)o reel e:4,e;ntlat'Rve. M01100 carried d 5 0 XL Technology Purchases for Becker Elementary It vas moved hv €s Ru fir►t;€l and seconded by Ms. McNally that the Boyd of Education ak j irlxve the; Itlrt.1k1'rt a1' a Mite,' V0l l' ohnn ' y tei1��d 14 lEil�l.t1� I�11(3.tli fir acoessq '„i, and installation at ;:a cost of `g' 677,..Ahe E ctrc iratl eat :1 I'll Ialt1ops, desktop , ,ind winters alt ax cost or $201261.86. and PFI111t4Ehean Activi0oard, cIcceS 01't'S, find ifltlic''tllilflO l RI.a Loot o iS 6 l? r%i ti• )1a.5A11w; lb.ndh, Matt O'Brien, Director of Technology; Provided intorniatio.n. Motion canted 5-0. )<.�. 1araovative Tablet Technology Pilot was moved hleis. Flynn and NCCk lx ted lad? ; AA0.4;l1 ithat i€lc. Board ot':f elaac ation approve lhL purchase of 160 kppli. .iNwN and .165 E 8U$ E0e Paul table ' ul•a 1ui'd..k'o,t. $1 12,145, Matt O'Brien, Director of Technology, Dr. Gary Norris, Superintendent, and Dr. Jane Lindaman, Associate Superintendent for :Educational Services, provided information, M'oiion CAA- vied -0. .ITh Disposal l ol'. eal Property It was pH -Wed batt Ms. Richard and s,econded byy .110.1' un ih that the qrittdotnth 'cation ,;le;m.).#; t3ropfOS8is. c)1 the i lsted crop........ttnt,il`Wednesd y-. November mer 23, 2011; they Board Filed ity C' oim.lrltlt.tt}k' tis'r.i.l .tev'i'?'w aft e RI'L:S(ttinct 011111301 dationS.to illi' 1.x.11.1 f: i .n O ion til i.)l3t'olnbor 1.2_-'011 Re',gtilar lc:•itinp. Dr. Gary Norris, Superintendent, provided information. 1'a4otion carried 5-0. Surplus property being considered for sale or disposal in the Waterloo School District is as follows: a West Ridge School, 3610 Anshorough Avenue (Two Parcels) Page 109 of 195 o Westridg e. School Site o Parcel west of building ® Devonshire School, 515 Devonshire :Drive • Edison School, 740 Magnolia Parkway (Two Parcels) o Main School Site o Parcel bordering Palls Avenue • Greenbrier Building, 1554 Oakwood Drive (Two Parcels) o Main School Site o Parcel bordering Cedar :Beiid Street • Central Middle School. o Parcel on corner of Huntington Road and Katoski Avenue • Castle Hill School, 172.0 Maynard Avenue • Old Irving School, 728 Hawthorne Avenue F Vacant lot near Jewett School o Corner of Payne Street and Brookside Ave. XIV. October 24, Board Meeting Changed to 4;00 p.m. hi Order to Attend file Leader Valley .ally It ,nyrtred by iR-1 i itorkLil1v ,and seconded Env FlynnM.,:thi.d d- ? f.. YuL r Mf::etia c l'the 1.Oa d ofEducation atEon t, cid on Monft, October ;?.;t 4a 4:00 ».ra. itrorder to att int :the Leader Valley ,RON,..14Otition curicd t). XV. Superintendent's Report In his report to the Board, Dr. Norris spoke about the Governors blueprint for education. He suggested that board members look the blueprint over with the intention of meeting at. a later date to discuss it in depth. XVI Information from Board Members Bach board member was given the opportunity to report. XVII. Adjourn It wtE4 :r.noved l,)N Th,.:l t inn andseconded f�v :iYlti: .N161011Y Opt Mac. l lozir'il: Of EdtiCat1On- adjourn. :the xrTc>etiog Motion carried 5-0. The meeting adjourned at 7:40 p.m, Respectfully submitted, Sharon R. Miller, Board Secretary Date Approved by the Board of Education TIE SUPERINTENDENT'S RECOMMENDATION IS: "the Board of Education approve the minutes of the October 10, 2011, regular Board meeting." Page 110 of 195 WATERLOO COMMUNITY SCHOOL DISTRICT BOARD OF EDUCATION MEETING May 3, 2013 8:00 a.m. SPECIAL SESSION Exhibit 1. Call to Order H. Public Hearing — Bunger Middle School Air Conditioning Upgrade A Project page 1 111. Bunger Middle School Air Conditioning Upgrade Project B Page 3 IV. Sale or Disposal of Real Property — Westridge School C Page 4 V. Sale or Disposal of Real Property to City of Waterloo D Page 6 VI. Orange Elementary Project Furniture Bid Approval E Page 8 Page 111 of 195 EXHIBIT D BOARD OF EDUCATION MEETING May 3, 2013 ISSUE: Sale or Disposal of Real Property to City of Waterloo CONTACT: Michael Coughlin, Chief Financial Officer Marty Metcalf, Director of Operations ATTACHMENTS: Map BACKGROUND: In accordance with Section 297.22 of the Code of Iowa, a Public Hearing was conducted to address the sale or disposal of real property that is school district property. Offers on the listed properties were accepted through November 23, 2011. The Board of Education Facility Committee then proposed recommendations. The surplus property being considered for sale or disposal is as follows: Property recommended for sale to the City of Waterloo: 3610 Ansborough Avenue, Vacant Lot adjacent to Westridge School property sold to Community United Child Care Center. Parcel "C" Plat of Survey in the Northeast Quarter (NE1/4) of the Southeast Quarter (SEI /4) of Section Five (5), Township Eighty-eight (88) North, Range Thirteen (13) West of the Fifth (5th) Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, recorded as document 2013-00013861 in the office of the Black Hawk County Recorder, THE SUPERINTENDENT'S RECOMMENDATION IS: "the Board of Education approve the recommendation of the Board Facility Committee and accept the request from the City of Waterloo and approve the purchase for $1.00, the 3610 Ansborough property as listed." 6 Page 112 of 195 Minutes of the Board of Education Waterloo Community School District County of Black Flawk, State of Iowa May 3, 2013 The Board of Education of the Waterloo Community School District, County of Black Hawk, State of Iowa, was called to meet in special session at 8:00 a.m. on Friday, May 3, 2013, in the Room 110 of the Education Service Center, 1516 Washington Street, Waterloo, Iowa. Present: Board members: Mike Young, Shanlee McNally, Bernice Richard, Lyle Schmitt, Sue qynn (phone), and Mike Kindschi (phone) Superintendent, Dr. Gary Norris Director of Operations, Marty Metcalf Board Secretary, Pam Arndorfer Absent: Board member: Andrea Sparks The meeting was called to order by President, Mike Young, at 8:00 a.m, President Young declared the Public Hearing for the Bunger Middle School Air Conditioning Upgrade open. No public comments were brought forth, It was moved by Ms. McNally and seconded by Ms. Richard to close the Public Hearing for the Bunger Middle School Air Conditioning Upgrade. Motion carried 6-0. It was moved by Ms. McNally and seconded by Ms. Richard that the Board of Education approve bidding process for the Bunger Air Conditioning Upgrade Project as presented. Motion carried 6-0. It was moved by Ms. Flynn and seconded by Ms, Richard that the Board of Education approve the recommendation of the Board Facility Committee and accept the bid of $330,000 from Community United Child Care Centers and approve the purchase agreement for the Westridge property as listed, Motion carried 5-0-1; Mr. Young abstained. Ms. Richard lefl the meeting at 8:35 a.m. It was moved by Mr. Kindschi and seconded by Ms. McNally that the Board of Education approve the recommendation of the Board Facility Committee and accept the request from the City of Waterloo and approve the purchase for $1.00, the 3610 Ansborough property as listed. Motion carried 5-0. It was moved by Ms. McNally and seconded by Mr. Kindschi that the Board of Education accept the recommendation from Invision Architects and approve the Orange Elementary Project Furniture Bids as presented for $603,968.06 and paid from SAVE funds. Motion carried 5-0. It was moved by Ms. McNally and seconded by Mr. Schmitt that the Board of Education adjourn the meeting. Motion carried 5-0. Meeting adjourned at 8:45 a.m. Respectfully submitted, Page 113 of 195 JEFi'SEY R. H€1TTON, P.L.S. 11g1IHltlg a11�1111�IIIfltJ11I�1 Iif111111EII1jIAGE1114�ld �liA! Oac ID: 0050215B0o02 Type: (AN Kind: SURVEY Raoordad: 01/02/2013 at 02:64:25 PM Fee Alai: $12.00 Pape 1 of 2 Bleck Hawk County law& JUDITH A MCCARTHY RECORDER F11.2013-00013861 * 407 SYCAMORE ST. LA PORTE CITY.10VA 50651 • (3191342-4M 11.01 PREPARED 9T: OREAl PLA1R5 SURVEY. INC. ATTR: JEFFREY R. 1115706, P.1.5. 407 SYCAMORE SI, LA P0010 CITY, 10 50651 1 14,342,4774 51.60(7 REOVESTED BY; COM*11l4ITY 1011TE0 CHILD CARE CENTER 3610 AN50OROUGH AYE WATERLOO, IA 50701 CL0 • PI00(0 PIPE I L01 27 1 LOT 40 POINT OF 230.82' 17401 `— COMIHENCEWH1 P1HCM PIPE H 90°07`57" E — 165,80' 250.94' LOT 26IYfi' 71HCH PIPE .,, c 06161 OF BEGROTIH6 $ PARCEL "C" M wti5t #c41014 co,,t FLAT OF SURVEY NEI/1 SEI/4 SEC, 5-T86N-R13W WATERLOO, IOWA OWNER: WATERLOO COMMUNITY 5E11001 DISTRICT 1515 005HIHGTDH 51 WATERLOO, IA 50702 DATE OF SORYEY: AUGUST, 2012 FIIHGH PIPE I LOT 41 PO/HT OF 600100IN0 PARCEL '0" H 89°0257" E V" REBAR Y/CAP 8093 LOT 25 NIry PINCH PIPET1 1BY Ai',,qq M�4tt y� ^ P LOT 25 4 x L-9AN �((1 LOT 211 OPEN PIPE — �- 101 24 LRT 21 LOT 20 PINCH PIPE 0.50" R. 0 0,17'' OF CORNER LEGEND: Y _i.RI06EMONT RD. ,.. --, _ 11-89'07'57" f 700.01' tiktS 06, M 165,00` _ 535.00' SET CDT "0" IH 5(0(014.0 41.9"6 �CQC.S tT '7,•13° A E1 5 �'S1Hl 4,45 A�6 535.00' uP«5e161,�5k pa9 W' MAR 0/CAP 7541 130.04' 129.03 ((301 11301 101 15 PITICH PIPE LOT18 5 69`07'57" (0 700.01' ktEP-10,5 tti AL04 4px9� S`'S * A3 SAO 5 00'03'16" Y 129,99' 124.96' 129.40' 124,62'_ 1130'1 (1301 1129'1 f�I (124.001 101 IT I LOT 16/ LOT 1$ / 1 LOT (4I W' REDAR ii/CAP 16775 O FOUNT 0ONUHEN1 A5 NOTED O 5E1 16" REBAR W/YELLOW CAP x17924 UNLESS OTHERWISE NO700 0 1 1E0000 REARING/OISTAHCE SCALE: 1" = 200' 0' 50' 100' 200' Great Plains Survey, Inc. PINCH PIPE / 1 / PIM:11 PIPE PINCH PIPE 126.50' LOT 13 50' 10 j$" REBAR R/CAP (2068 1• .01 52 (01 53 14 ,75 001 54 401 55 LOS 56 SET CUL"X" OF k RD. o LOT I P101 PIPE WT.. • LO1 2" RE9A8 9161 1.013 P110T4 010E 161 4 50' 5E1 CUT "X" 1R ( 00, l 42014 cNx M40� ,,�„':'.,« '•• '•• tiAM7D...vU �t�9J .V. 4., �� jl1EFFREY R, o HUTTON .4 170$g : * *, 2644 A i 1 Hr.Gy reretey 40*1 101. 1004 auevelyi «W *1 .0+ ar.Acrad OM 4N r*fol.e .,....ay .,rk wa par locoed My .. 10 " r.7 *0404 v.rs0ml µpirr;slan and 1004 1 'o. a -duly 1iatuw 1 o4 Su'Y io' tKdir ilk. ia.l al et» Stale a/ 10*0. ; �i2-"A.-` 1-1Aiir2._ AMP R. TI4y1 ti0ikl0 441, 44929 0*14 r4cs. 44 4,0j,01- 10 00 0 77 40 rel 4*ceea, 2042. fy n nvi 4411 4 004 4m ggrran m5y l0 AWN 1 0' 2 PN 2 *4 2. N 44104 n, 1 of 2 Page 114 of 195 JEFFREY R. HUTTON. P.I..S. + 407 SYCAMORE ST. LA PORTE CITY. TOW 50651 • 13191342.4774 PLAT OF SURVEY NEVI SEI/4 SEC.5-T88N-RI3W WATERLOO, IOWA LEGAL DESCRIPTION PARCEL "C": C(RWENCIN6 AT THE NORTHEAST CORNER 9F LOT 26 OF WATERLOO COUNTRY CLUB ADDITION 511011 SATO PONT BEING ON 111E 590111 RIGHT -OF - HAY L11E 01 RIOGENONI 11380; THENCE NORTH 89°07'57" EAST ALONG 5010 SOUTH RIGHT -0F -WAY LINE. 250,94 FEET TO THE POINT OF BEGINNING OF THE 1(81111 DESCRIBED PARCEL 6: THENCE CONTINUING NORTH 89°91'53' EAST ALONG SAID SOUTH RIGHT-OF-WAY. 165.80 FEET; THENCE 5011TH 00'36'19" EAST, 391.38 FEET: THENCE SOUTH 89.07'57" WEST, 165.00 FEET; THENCE NORTH 00938'19" NEST. 391.30 FEET 19 5010 5OU1H RIGHT-OF-WAY ALD THE POINT OF BEGINNING, CURTAINING 149 ACRES, HONE OR LESS. LEGAL 'ASCRIPTION PARCEL 'T1°: COW£HCING AT HE NORTHEAST CORNER OF L01 26 OE WATERLOO COUNTRY CAR ADDITION WITH SAW P91NT BEING Cw 111E 5011111 RIGHT-OF- WAY LIRE OF 810GEH0NT ROAD; THENCE NORTH 09'07'57" EAST ALOH6 SAID SOUTH RIGHT-OF-WAY, 416.74 FEET TO THE POINT OF 800118414 OF THE HEREIN DESCRIBED PARCEL 0; THENCE CONTINUING NORTH 89°U1'57" EAST 010116 SAID 500110 RIGHT-OF-WAY 111f, 535.00 FEET IO THE CENTERLIIE OF ANSH ilOOGH AYEN'E; 11ENCE SOUTH 00'38'19" EAST ALCM SAID CENTERLINE. 391.33 FEET; THENCE SODIH 89°01'57" TIE5T, 53500 FEET: THENCE NORTH 00°38'19° WEST, 391.35 FEET TO 91,10 SOUTH RIGHT -OF -NAT AND THE POINT OF BEGRIMING, CONTAINING 4.81 ACRES. HOBE DR LE55, INCLUDING 0.45 061105, FIORE 0R LE55, WITHIN THE PRESENTLY ESTABLISHED ROAD RIGHT.OF-WAY. 71, 4 4 2 Gre.A Plains Survey, Inc. N A KE! too. 2 0f2 I'age 115 of 195 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with HR Green Company of Cedar Rapids, Iowa, in the amount of $40,000 in conjunction with the former Weissman Steel site to conduct an Environmental Investigation, and authorize the Mayor to execute said document. City Council Meeting: 2/18/2019 Prepared: 2/14/2019 REVIEWERS: Department Ptanning & Zorn ATTACHMENTS: Description Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Reviewer LeAnnn Action A pp Ivved Type 1 anck:ua, Iv1aatcriian Date 2/14/2019 .. `:2.2 PM Resolution approving a Professional Services Agreement with HR Green Company of Cedar Rapids, Iowa, in the amount of $40,000 in conjunction with the former Weissman Steel site to conduct an Environmental Investigation, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approval. The City of Waterloo approved a Professional Services Agreement in the amount of up to $40,000 to have HR Green conduct an environmental investigation on the former Weissman Steel site for future development. Estimated fees for investigation is to be $15,000. The cost could be up to $40,000 depending on findings from the initial investigation. Nuisance bonds Economic Development policy number 1, 3 &4 within the Strategic Plan. POWER HOUSE ADDITION ALL BLK 1 PART BLK 3 POWER HOUSE ADDITION OAK LAWN SUB EXC RELOCATED FALLS AVE VAC TRANSIT ST AND PART OF LOT 45 AUDITOR RAINBOW'S WEST SIDE PLAT DESC AS FOL: BEG AT THE INTER OF SLY LINE FALLS AVE AND NWLY LINE CGW RR CO ROW (NOW CNW RR) TH SWLYALONG NWLY ROW TO NLY LINE US HWY 218 AS EST BY DEEDS B 115 P 487 B 491 P 449 & B 491 P 487 TH N 90 DEG 00 MIN 00 SEC W (ASSUMED) TO A PT THAT IS 601.68 FT W OF W LINE VAC RAFFERTY ST EXT TH N 11 DEG 54 MIN 38 SEC W A DIST OF 355.70 FT TH S 77 DEG 00 Page 116 of 195 MIN 48 SEC E A DIST OF 180.41 FT TH N 88 DEG 14 MIN 25 SEC E A DIST OF 168.75 FT TO NW COR LOT 2 BLK 1 POWER HOUSE ADDN TH ELY ALONG SLY LINE OF RELOCATED FALLS AVE TO PT OF BEG EXC THAT PART DEEDED TO STATE OF IOWA AND DESC IN CLD B 611 P 38 Page 117 of 195 1 11 on NI 11111111111111111111111 Hoo 10 1111111111111111111111111111111111111111111111 11111111111111111111111111111111 PROFESSIONAL SERVICES AGREEMENT For Waterloo, IA— Former Weissman Steel Site Environmental Investigation Noel Anderson, Community Planning & Development Director City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 319.291.4366 Rose Amundson, Project Scientist HR Green, Inc. 8710 Earhart Lane SW Cedar Rapids, Iowa 52404 HR Green Project Number: 181639 October 30, 2018 Versioril.0 07012017 Page 118 of 195 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Versioril.0 07012017 I. Page 119 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 30, 2018 Page 1 of 9 THIS AGREEMENT is between City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The Former Weissman Steel Site (Site) is located along the east side of Black Hawk Creek and is bound by U.S. Highway 218 and University Avenue to the north and south, respectively. This Site has been identified by the City for future commercial and/or industrial redevelopment and plans include the installation of turnout to the Site from University Avenue as part of a transportation project adjacent to the Site. 1.2 Design Criteria/Assumptions COMPANY understands that the CLIENT plans to prepare the Site for redevelopment and that the Site has a history of environmental investigations. This preliminary assessment will be completed as a Limited Site Investigation to provide an understanding of the current surface and subsurface conditions. Upon its completion, COMPANY will communicate the findings of this scope item to the regulatory agency and work jointly with this agency to assess the need for future investigation and/or mitigation to ultimately position the Site for redevelopment. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Limited Site Investigation to assess the current environmental surface and subsurface conditions at the Site. This will include the completion of up to four (4) soil borings into fill material on the Site. Upon the completion of field activities, collected soil and groundwater, if encountered, samples will be delivered to an analytical laboratory for analysis of Resource Conservation and Recovery Act (RCRA) metals, polycyclic aromatic hydrocarbons (PAHs), and polychlorinated biphenyls (PCBs). A Limited Site Investigation report will be completed and provided to CLIENT that includes maps, analytical sample results, and risk calculations. COMPANY will also communicate findings of this report to the regulatory agency responsible for overseeing the Site, if warranted. COMPANY will coordinate with the regulatory agency and CLIENT to assess the need for any future assessment and/or mitigation needed prior to Site redevelopment. This additional assessment and/or mitigation will be completed as an amendment to this Agreement, as warranted. 3.0 Deliverables and Schedules Included in this Agreement A Limited Site Investigation report will be completed upon the receipt of the analytical results. Once this deliverable is completed and delivered to CLIENT, COMPANY will Versionl.0 07012017 Page 120 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 30, 2018 Page 2 of 9 discuss future steps needed for the Site. If additional work is needed, a contract amendment will be completed by COMPANY and provided to CLIENT. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: • Geotechnical study of the Site; • Grid -sample approach site assessment of the Site; and • Site mitigation planning and implementation. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. A grid -sample or more invasive sample approach may be needed based on the finding of this preliminary assessment to better understand environmental conditions on and in the subsurface of the Site prior to redevelopment. 5.0 Services by Others COMPANY will work with a State -certified well contractor to complete sample borings and an analytical laboratory to conduct sample analysis. 6.0 Client Responsibilities • CLIENT will provide COMPANY with Site access. • CLIENT will provide COMPANY with on-site utility location information. • CLIENT will provide COMPANY with previously completed reports. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the Agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be Versionl.0 07012017 Page 121 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 30, 2018 Page 3 of 9 credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Services Any service required but not included as part of this Agreement shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Per current Rate Schedule with an estimated fee of fifteen thousand dollars ($15,000). Based on the findings of this preliminary assessment and regulatory agency response to any elevated findings, an addendum to this contract with an estimated fee of twenty-five thousand dollars ($25,000) may be required to complete a more expansive investigation. The total estimated fee, if these approaches are completed, is forty thousand dollars ($40,000). 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this Agreement and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. Versionl.0 07012017 Page 122 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 30, 2018 Page 4 of 9 If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLI ENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. Versionl.0 07012017 Page 123 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 30, 2018 Page 5 of 9 It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, Versionl.0 07012017 Page 124 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 30, 2018 Page 6 of 9 equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. Versionl.0 07012017 Page 125 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 30, 2018 Page 7 of 9 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from Versionl.0 07012017 Page 126 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 30, 2018 Page 8 of 9 any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Environmental Audits/Site Assessments Environmental Audit/Site Assessment report(s) are prepared for CLIENT's sole use. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s) without the written authorization of COMPANY. 8.27 Construction Observation Without Design It is agreed that the professional services of COMPANY are limited to a review and observation of the work of the contractor to ascertain that such work is proceeding in general accordance with the contract documents and that such contract documents have not been prepared by the COMPANY. Unless otherwise stated, the CLIENT warrants that any documents provided to COMPANY by the CLIENT or by the prior consultant may be relied upon as to their accuracy and completeness without independent investigation by the successor consultant and that the CLIENT has the right to provide such documents to COMPANY free of any claims of copyright or patent infringement or violation of any other party's rights in intellectual property. It is further agreed that the CLIENT will defend, indemnify and hold harmless COMPANY from any claim or suit whatsoever, including all payments, expenses or costs, arising from or alleged to have arisen from an error or omission in the plans, specifications or contract documents. COMPANY agrees to be responsible for its employees own negligent acts, errors or omissions in the performance of their professional services. 8.28 Design Without Construction Observation It is agreed that the professional services of COMPANY do not extend to or include the review or site observation of the contractors work or performance and the CLIENT assumes all responsibility for interpretation of the contract documents and for construction observation. It is further agreed that the CLI ENT will defend, indemnify and hold harmless COMPANY from any claim or suit whatsoever, including but not limited to all payments, expenses or costs involved, arising from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. COMPANY agrees to be responsible for its employees' negligent acts, errors or omissions. 8.29 Construction Observation COMPANY shall visit the project at appropriate intervals (as described in the scope of services) during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. The CLIENT has not retained COMPANY to make detailed inspections or to provide exhaustive or continuous project review and observation services. COMPANY does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. If the CLIENT desires more extensive project observation or full-time project representation, the CLIENT shall request in writing such services be provided by COMPANY as Additional Services in accordance with the terms of the Agreement. 8.30 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the Agreement. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this Agreement Versionl.0 07012017 Page 127 of 195 Professional Services Agreement Waterloo, IA — Former Weissman Steel Site October 3O.2018 Page 3nfS and COMPANY shall have no other obIigatons or responsibilities forthe Projectject except as agreed to in writing. The effective date of the Agreement shall be the last date entered below. Sincerely, HR GREEN ^� Rose Amundson Approved by: Printed/Typed Name: �� Title:� `�=� Date: up CITY OF WATERLOO Accepted by: Ph Name: Title: Vesion1D07012017 [}ate: Page 128 of 195 CITY OF WATERLOO Council Communication Ordinance amending the Code of Ordinances by amending Section 4, Automated Traffic Enforcement, of Chapter 1, General Offenses, of Title 6, Police Regulations. City Council Meeting: 2/18/2019 Prepared: 2/7/2019 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Dannel.Approved. �?lI/2O p 9 - 3:1 M Clerk_ Office Even, LehnanApp oved 2/11/2.019 ... 1 : T .M ATTACHMENTS: Description Type D R.eeoniii:nnendeci ante n iiarnernt Cove/Lein.no SUBJECT: Motion to receive, file, consider and pass for the first time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 4, Automated Traffic Enforcement, of Chapter 1, General Offenses, of Title 6, Police Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Recommended Action: Approve the recommended amendment. Summary Statement: This change would allow speed enforcement with red light cameras. Page 129 of 195 6-1-4: AUTOMATED TRAFFIC ENFORCEMENT: A. General: The City of Waterloo, in accordance with its police powers, may deploy, erect or cause to have erected an automated traffic enforcement system for making video images of vehicles that fail to obey red light traffic signals at intersections designated by the Chief of Police, or his designee, or fail to obey speed regulations at said intersections or other locations in the City. The systems may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the City's Police Department. Video images shall be provided to the Police Department by the contractor for review. The Police Department will determine which vehicle owners are in violation of the City's traffic control ordinances and are to receive a notice of violation for the offense. Page 130 of 195 CITY OF WATERLOO Council Communication Request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C- 2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway. City Council Meeting: 2/18/2019 Prepared: 2/5/2019 REVIEWERS: Department J),Ian ni:r. g &.. ora'po:ng Clerk Office ATTACHMENTS: Description • Staff Report; • Aerial papa4.rta.a D A.pppicants Narrati� D P icture` D Overview IVi:ap D Application e: crrptrora SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Arie Elven, L.,eAnrn Action Approved Approved Type .'over I\ pro Cover i\4 c.rrio Memo M ell no Date 2/5/2019 5:57 P M 2/6/2019 .. 9:31 AM Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of certain property, located at 45 East Airline Highway. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway. There are new commercial developments that have occurred in recent years with the construction the Casey's General Store located on the west side of Logan Avenue that was built in 2001, Dollar General Store located near the Page 131 of 195 Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: southwest comer of the intersection of Logan Avenue and Airline Highway at 2935 Logan Avenue that was built in 2011. The former Dine Hardware store located north of the Dollar General Store at the southwest corner of the intersection was demolished in 2013 and the site is available for redevelopment. Therefore, staff believes that the request is appropriate for the area and would help a growing new business to continue to grow and be successful. None N/A Zoning, Land Use and Economic Development. The East 204 feet of the West 369 feet of the South 363 feet of the Southwest Quarter of Section No. 1, Township No. 89 North, Range No. 13, West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, except that part thereof conveyed to the City of Waterloo, Iowa, in 546 LI) 790. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. Page 132 of 195 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 Request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway. Michael Maloney, Maloney Landscaping, 45 Airline Highway, Waterloo, Iowa, 50701 The proposed rezone area is located two houses to the East of the intersection of East Airline Highway and Logan Avenue. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. The proposed rezone request would not appear to have a negative impact upon existing pedestrian and traffic conditions in the area. Airline Highway west of Logan Avenue (Hwy 63) is classified as a Minor Arterial roadway and east of Logan Avenue (Hwy 63) is classified as a Local roadway. Logan Avenue is (Hwy 63) is classified as a Principal Arterial roadway. No trails are located adjacent to the property in question. The area in question is currently zoned "A-1" Agricultural District, and has been zoned as such since the adoption of the Zoning Ordinance in 1969. The surrounding land is zoned as follows: North — "A-1" Agricultural District -Consists of 4.8 acres of heavily wooded area, as well as commercial uses zoned "C-2" Commercial District. South — Approximately 5 acres zoned "C-2" Commercial District and 36 Acres zoned "R-4" Multiple Residence District that is being farmed. East — "R-1" One & Two Family Residence District and "A-1" Agricultural District with single family homes and farmland. West — "R-1" One & Two Family Residence District -One Single Family Home, Logan Avenue (Hwy 63) and Casey's General Store zoned "C-2" Commercial District The home at 31 East Airline Highway to the west of the applicant's property was built in 1910. The applicant's property was built in 1936 and the property to the east of the applicant's property at 75 Airline Highway was built in 2003. Mr. Baldwin the owner of 75 Airline Highway built a 40'x80' (3,200 square feet.) building on a 3 acre lot without knowing that a building permit had not been obtained by the contractor claiming that he PgdEci3f3i of 195 BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 needed that size building to house his maintenance equipment for his 3 acre home site. The Zoning Ordinance, Part V, 2A-7, E states that accessory buildings cannot exceed 6% of the lot area up to 1,800 square feet. Mr. Baldwin then demolished the existing home in 2003, and built a replacement home. Mr. Baldwin applied for and was granted a variance on May 22, 2001 to legalize the existing 3,200 square foot pole building on the property. The applicant's property lies near the intersection of Highway 63 and Airline Highway. The Comprehensive Plan and Future Land Use Map designate this area for Commercial. Buffering or screening may be required for the request along the westerly and easterly property lines to shield the pole building and business activities from the adjacent residential properties to the west at 31 Airline Highway and to the east from the property owner at 75 Airline Highway. Rezoning of the land would not appear to have a negative impact upon drainage in the surrounding area as the applicant would be required to provide an approved water retention plan to the Engineering Department prior to any construction. No areas of the site in question 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 0187F, dated July 18, 2011. There are no schools or public spaces located within close proximity of the site in question. The applicant's existing home is served by a new septic tank that was installed by the applicant in November of 2018. However, the new septic tank was only designed to serve the existing 4 bedroom home and not the future 1 to two bathroom facilities proposed to be constructed in the proposed commercial building that will be utilized by approximately 3 full-time employees and part-time employees of the company. Additional septic capacity may be required by the Health Department The Future Land Use Map designates this area as Commercial. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. PgdEP i 3f4l of 195 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 The "R-1" One and Two Family Residence District is intended to provide for areas of the community which are suitable for low density residential uses that are adjacent to residential, professional offices or neighborhood commercial uses. However, the area has existing commercial businesses to the north at 3146 Logan Avenue and 3160 Logan Avenue that where established in the early 1950's as well as the west and southwest. The property at 3146 Logan Avenue was rezoned from "A-1"Agricultural to "C-2" Commercial District in1988 and 3160 Logan Avenue was rezoned from "A-1" Agricultural District to "C -2,C -Z" Conditional Commercial District in 1994. There are new commercial developments that have occurred in recent years with the construction the Casey's General Store located on the west side of Logan Avenue that was built in 2001, Dollar General Store located near the southwest corner of the intersection of Logan Avenue and Airline Highway at 2935 Logan Avenue that was built in 2011. The former Dine Hardware store located north of the Dollar General Store at the southwest corner of the intersection was demolished in 2013 and the site is available for redevelopment. Therefore, staff believes that the request is appropriate for the area and would help a growing new business to continue to grow and be successful. There is no platting required as a part of this request to rezone. Therefore, staff recommends that request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway be approved for the following reasons: 1. The rezoning 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 or traffic conditions within the surrounding area. 3. The request is in conformance with the Comprehensive Land Use Plan and Future Land use Map. 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. Appropriate screening is installed along the west and east property lines to effectively screen the use from adjoining residences. PgdEP 13f5 of 195 City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 PgdEP i 3 of 195 City of Waterloo Planning, Programming and Zoning Commission January 8, 2019 lopoov YRiI. 1;i„11;;;!1;1;;;;;;;;,;;;!;;;;10"::‘,4;;;;;',1"," 111111111111111111111111111111 r 1, ui uuuuiuuum111111lllllul1111111111t;;;;1011i;;;11 II ,0°.:447 45 E. Airline Highway Rezone from "R -i" to "C-2" Michael Maloney 0 0.005 0.01 0.02 0.03 0.04 iiet 195 MALONLY LAWN�8�� �~������ ��um������ ���~��w 319.213.4431 wwvv,K4a|wneyLan&coss..com Maloney Lawn Landscape Snow LLC was started by Michael Maloney in 2015. When started, it was Michael and a truck, trailer, mower & trimmer going around mowing lawns. Since then, the company has grown to have two full-time employees as well as a couple part time employees performing a full array of landscape services. Maloney Landscapes now offers sod installation, hydroseeding, grade work, retaining walI/patio installation, lawn care, fertilization/weed control, material hauling, snow removal, salt application, and a few more services. We have been able to grow rather quickly with the help of some of our main landscaping customers like Panther Builders and LetGet Creative (LGC). We are very grateful for these relationships and are excited to see where they take us. We service around 30 residential lawns along with 30 driveways for snow removal. We also service about fifteen commercial snow accounts, I have always said that the reason I am in business is so that if I am successful, I can use the business as a platform to help others. I am a firm believer we were put on this earth for more than just living and | want to give back. | want to incorporate a giving program where my customers can donate a percentage of their invoice to a monthly organization and my company will match it — up to 3-5%. I am a firm believer in making the world a better place and this is one way I can achieve that. Currently Maloney Landscapes services the entire Cedar Valley, also servicing as far west as Parkersburg and as far north as Waverly. We have traveled a little farther for landscaping. Below you will see some pictures of projects completed in our neighborhoods. Please feel free to ask any questions you might have! We appreciate the opportunity to rezone this property and very much appreciate your consideration. Thank you I Michael Maloney Page 138 of 195 ,111111111111111111111111111 ������I'� m�^, ��9ll6all V'�V4"WI nllw 111111111R! wwmloll d�wrr �VWw ml�Illudm�mI�IIWu�IIKR6idIIdW6( ,Il 11 „8,0A •01IIIV 0 a 'rvi. w'WVre w,liuwWptiyrigr, ��IIgy �I m� !!� llllll!!1,,1111! '10aM�l 1pii mmww��.wm a w..... IVIG W : W! „ gWWPWNNP m ,..� �ull!'WJI'AI!W,,,,�ul VRYur�WmlgYll',v,�!;W4gWuV w iryilll4�4(V IV'�i���Irl mm uwmwiv �64mIomVWIRIWu(mmwloli F+ukWl`�ablVa�W;; nrn ,Ir,�Prd Ylh"/iiPi niR6lnim uu uuuuuuu �����!!II �� pu,,,,,1II I111111 IbW1 ��, �Illllu, �(uuuu uw111puuuu ���IINIhuuIIIIIIIIIV' ..ii; "!'9111i11i1 np�m;n:IRWWu ��111,1rw,l�l��'rll!il; �gwIY11iIVWh!'�q'�4'iiuiol� lu�ddl����u,Iln,��"mmi��d��°IWutl�llumlulRui�II11M�1��9�, I ���iY��� 61+ hl1hll 'tln11 1111htilmiil IIIIIIIN Iuull 11111111'1'1'1'1'1'1'111 1111,11,111,11111 '' jjl,Flu 11141,1111111111401A1,,,,,„ A�wY ��9d'N of 195 uPINwNIAJI ',il�'Y*:ipl Iq,p 1 vm PYA„a;,al� I ily^ 1,11P P, ryl ''�, m0u �iilp'' Iyl mil, i,i„ NIS hroN M�uu ,II,gliYl, �I' p Page 140 of 195 11400.1',0o 11111111111111111111111, \: \ S�illWAw �(..1..!1; � / 0 i'lloowilliiloolo0111011111 61k «, Page 141 of 195 45 East Airline Highway — Rezone from R-1 to C-2 ,u��ri r"Fn Looking at 31 East Airline Highway. NiPo1Yud�s�(Hi1�1ru,uaua„ 11111 ll'f1 rii , Looking west along Airline Highway toward Logan Avenue/US Highway 63. Looking from Airline Highway to the existing house. o Looking toward the northwest from the front entrance of the house. Page 142 of 195 4,4400**4 4.4 H Looking northwest from behind the house. Il W;. 0111111111.... wir"" am ti Looking northeast from the front of the house toward proposed garage location. Looking northeast toward existing home on Looking northeast where ground is being the lot. graded. Page 143 of 195 City of Waterloo Planning, Programming and Zoning Commission January 8, 2019 45 E Airline Highway Rezone from "R -i" to "C-2" Michael Maloney 0 0.03 0.06 0.12 0.18 0.24 144 of 195 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.43 66 1. APPLICATION INFORMATION: j a. Applicant's name (please print): [ ll iC�.e.1 .1\ t oskt..1 Address: `l E /it �i JL 1�tiyyinL,JAr Phone: 314 ) L 3 t44 37 Fax: City:'k,i }t; loin' .J State: Ic.VCI. Zip: (?'703 b. Status of applicant: (a) Owner \ (b) Other - (CHECK ONE): If other xplain: %A A /NI_ OW vies OS c?' i 16 i q : (wdi be o;.a n r b .>� t siu�- or : KO ; 4 ,) c. Property owner's name if different than above by print): J Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: ` a. General location of property to be rezoned: q � 11ir L 1 ��v� «� Wr \"` ' b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 3J1 . ;104 d. Area of Proposed Zoning Boundary (Excluding Right of Way): 1 g 5C iXOL1 e. Current zoning: U Requested zoning:_ [:vMAII'Li til 191/4 f. Reason(s)for rezo in and proposed use(s)of property: of ;,ut%l+i o r 70,,,,A_"' . u i}�t, g p P p p Y���.` \J z.. con lei I t) 0, tAft,up i !LA encs cu S rtdt.. Of' ?As.i2,-1.3, 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 estion in regards to the request. Signa E r . f Ap !leant IS Date its Date Page 145 of 195 est 369 feet of the South 363 feet o The East 204 feet of the • 44-0, Cie 410 Page 146 of 195 CITY OF WATERLOO Council Communication Amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks. City Council Meeting: 2/18/2019 Prepared: 1/30/2019 REVIEWERS: Department Reviewer Action Date Planning &, Zona Schroeder, .roc .Approved 1./30/2011 ... 110:42 AM t'knt' Office p^"vin t: eAnn Appwv d t/30/201.9... t043 AM ATTACHMENTS: Description Type Zoning ()ralprAoruentir:roention t nra rvorik:s 1,3ncp<ur r Material Sates 1.18.19 SUBJECT: Motion to receive, file, consider and pass for the third time and adopt an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, regulating the sale of fireworks. Submitted by: Submitted By: Aric Schroeder, City Planner Recommended Action: Approval Summary Statement: Staff is proposing changes to the City of Waterloo Zoning Ordinance No. 5079 regarding the sale of fireworks. The Zoning Ordinance does not currently specifically list fireworks as a permitted use, however the "C-1" Neighborhood Commercial District allows for "any retail business or service establishment". The amendment would exclude the sale of fireworks in the "C-1" District, and would allow for the sale of fireworks from permanent buildings in the "C-2" Commercial District (or less restrictive districts) when located within a principal building and not an accessory structure, and when said fireworks sales are accessory and customarily incidental to an existing principal retails sales use. Any existing fireworks sales from a principal building not meeting these requirements would be legal non -conforming (grandfathered). Fireworks sales, regardless of type of building and regardless if accessory to an existing use (so including from temporary structures), would be permitted in the "M-1" Light Industrial District or less restrictive districts, provided any structure or building used for fireworks sales is at least 200' from any "R" District, and provided that any temporary structures used for fireworks sales (tent, trailer, cargo container, etc.) is setback at least 25' from any property line. A copy of the proposed changes, showing strike through for wording proposed to be removed and underline for wording proposed to be added is attached. The Planning, Programming and Zoning Commission held a hearing on January 8, 2019 and unanimously recommended approval of the proposed amendment. Expenditure Required: none Page 147 of 195 Source of Funds: n/a Policy Issue: Zoning Legal Descriptions: n/a Page 148 of 195 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 MEMORANDUM To: Planning, Programming and Zoning Commission From: Aric A. Schroeder, City Planner Date: 12/18/18 RE: Proposed Zoning Ordinance Amendment: Fireworks Sales. At last month's meeting there was a discussion item regarding staff consideration of changes to the City of Waterloo Zoning Ordinance No. 5079 as it relates to the sale of fireworks. A proposed amendment is now being placed on the agenda for recommendation on adoption. The Zoning Ordinance does not currently specifically list fireworks as a permitted use, however the "C-1" Neighborhood Commercial District allows for "any retail business or service establishment". The amendment would exclude the sale of fireworks in the "C-1" District, and would allow for the sale of fireworks from permanent buildings in the "C-2" Commercial District (or less restrictive districts) when located within a principal building and not an accessory structure, and when said fireworks sales are accessory and customarily incidental to an existing principal retail sales use. Any existing fireworks sales from a principal building not meeting these requirements would be legal non -conforming (grandfathered). Fireworks sales, regardless of type of building and regardless if accessory to an existing use (so including from temporary structures), would be permitted in the "M-1" Light Industrial District or less restrictive districts, provided any structure or building used for fireworks sales is at least 200' from any "R" District, and provided that any temporary structures used for fireworks sales (tent, trailer, cargo container, etc.) is setback at least 25' from any property line. Please let Planning staff know if you have any questions or need any additional information regarding the proposed amendment. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 149 of 195 CHAPTER 14 "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT shall not restrict outside display areas when such display areas display items that can be legally sold by a commercial business on the property and when the display area does not exceed an area equal to the area occupied by the building(s) on a property. A. Principal Permitted Uses: 1. Any use permitted in the "R-4" District. 2. Group Homes [Ordinance 4554, 6/3/02] 3. Any retail business or service estab- lishment such as the following, except that fireworks sales shall be prohibit- ed: Animal Hospital or Veterinary Clinic, provided all phases of the business conducted upon the premises be with- in a building where noises and odors are not evident to adjacent properties Antique Shop Apparel Shop Bakery, retail only Barber Shop or Beauty Parlor Bicycle Shop Bookstore Candy Shops, retail only Car Wash Clothes Cleaning and Laundry Pickup Stations Coffee House Collection Office or Public 'Utility Commercial Parking Lots for passen- ger vehicles in accordance with the provisions of Section 10-25-2 Convenience Store [Ordinance 4976, 11/23/09] Dairy Store, retail only Delicatessen and Sub Shop Dry Goods Store Drug Store Financial Institution 60 10-14-1 REGUI ,ATIONS. Florist and Nursery Shop, retail only Fruit and Vegetable Market Furniture Store Gasoline Stations Gift Shop Grocery Store Hardware Store Hobby Shop Household Appliances, sale and repair Jewelry Store Launderette (Laundromat) Meat Locker, storage and retail sales only Music Store Paint and Wallpaper Store Post Office Substation Photographic Studio Radio and Television Sales and Service Radio and Television Studios, provid- ed that any towers or transmitting fa- cilities are in accordance with Section 10-27-1(B)(4) Soda Fountain Shoe Repair Shops Sporting Goods Tailor Shop Theaters Variety Store Professional Cleaning Service exclud- ing Dry Cleaners [Ordinance 5395, 04/10/17] 4. Any retail business or service estab- lishrnent listed above that is also a limited alcohol sales use as defined herein, further subject to the following requirements: a. No alcohol sales use shall sell or dispense alcoholic beverages via a drive-through or walk-up window or any similar drive -up or drive-in Page 150 of 195 CHAPTER 15 "C-2" COMMERCIAL DISTRICT 17. Lumber Yards and Building Materi- als, retail, but not including any manufacturing or fabricating for wholesaling operations. 18. Mini -storage or storage rental devel- opment, upon issuance of a Special Permit, which shall review the loca- tion for compatibility of surround- ing, highest and best use of land, and proximity to a major thorough- fare. [Ordinance 4683, 4/12/04] It is the intent of this provision for such uses to be towards the rear of highly visible commercial property. 19. Monument Sales Yard, but not with- out a principal building. 20. Off -premise advertising in accord- ance with Section 10-26-1. [Ordinance 4724, 9/20/04] 21. Motels and Auto Courts 22. Pet Shop, including Aquariums 23. Printing Shops, not to include more than two (2) 12"x 18" inch job press- es 24. Restaurant: Fast Food Type and Standard Type, and drive-in eating establishments, provided that any such use that meets the definition of an Alcohol Sales Use shall meet the requirements for a limited alcohol sales use (on -premise consumption). 25. Delayed deposit service uses, pro- vided that such uses meet the fol- lowing requirements: a. The use is licensed as a delayed deposit services business by the State of Iowa. b. No delayed deposit service use shall be located within 600 feet from any of the following, as measured in a straight line from the closest point of the property line in which a delayed deposit service use is located to the dos - 65 10-1 -2 BULK -REGULATIONS. est point of the property line of such other use or area: protected uses, pawnbroker uses, other de- layed deposit service uses, adult uses, or non -limited alcohol sales uses. c. No delayed deposit service use shall offer or provide delayed deposit services via a drive- through or walk-up window or any similar drive -up or drive-in system. 26. Pawnbroker uses 27. Freestanding Commercial Parking Lots, upon approval of a Special Permit by the Board of Adjustment after recommendation of the Com- mission. [Ordinance 5288, 06/15/15] 28. Fireworks Sales„ wh.en located with- in a building and not an. accessory structurc„ and when said fireworks sales are accessory an.d. customarily incidental to an existing wincipal retail sale u.se. 28. Other similar service and retail busi- nesses not included in the above list subject to the administrative review and approval of the Planning staff. If staff determines that the proposed use is not similar in nature, it shall be considered a proposed use not covered by title, as regulated in 10-5- 1(R). B. Accessory Uses: 1 Accessory uses permitted in the "C-1" District. 2. Accessory uses and structures cus- tomarily incidental to any permitted principal uses. 10-15-2 BULK REGULATIONS. [Ordinance 3050, 10/1/79] [Ordinance 3192, 2/22/82] [Ordinance 4592, 1/6/03] Page 151 of 195 CHAPTER 19 -1" LIGHT INDUSTRIAL DISTRICT 10-19-2 REQUIRED CONDITIONS. 18. Machine shop. 19. Manufacture of musical instruments and novelties. 20. Manufacture or assembly of electrical appliances, instruments and devices. 21. Manufacture of pottery or other simi- lar ceramic products, using only pre- viously pulverized clay and kilns. 22. Manufacture and repair of electric signs, advertising structures, sheet metal products, including heating and ventilating equipment. 23. Milk distributing station other than a retail business conducted on the premises. 24. Mini -storage development. [Ordinance 4683, 4/12/04] 25. Sawmill, planing mill, including man- ufacture of wood products not involv- ing chemical treatment. 26. The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceutical, and food products except fish and meat prod- ucts, cereals, sauerkraut, vinegar, yeast, stock feed, flour, and the ren- dering or refining of fats 'and oils. 27. The manufacture, compounding, as- sembling or treatment of articles or merchandise from previously pre- pared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood. 28. Automobile Body or Fender Repair Shop. Vehicles not in running condi- tion, not DOT operational and not be- ing actively restored to running condi- tion as well as machinery, salvage, or used parts shall be located in an en- closed building. 80 29. Wholesale Lumber Yards or Building Material Sales Yards or Manufactur- Mg Facilities. 30. Storage Warehouse or Business in- cluding mini -storage or storage rental. 31. Wholesale Warehouse or Business 32. Recycling, Junk or Salvage Yards up- on approval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission and in compliance with the requirements of 10-27-1(H)(8). Any new yard estab- lished after the effective date of adop- tion of this Ordinance shall have a minimum fenced yard arca of five (5) acres. This provision shall not restrict the expansion of an existing yard that is less than five (5) acres. 33. Sales Auction including automotive, farm implement, livestock, furni- ture/appliances, and similar uses. 34. Delayed deposit services uses. 35. Fireworks Sales, provided that any such structure or 'building useci for fireworks sales shall be at least two hundred 200 feet from an. "R" Dis- trict, and provided 0- rary structure used for fireworks sales tent ailer ca " C e. • etc. shall be setba.ck at least twenty-five (25) feet from any property line. B. Accessory Uses: 1. Any accessory uses permitted in the "C-3" Commercial District. 2. Any accessory uses customarily acces- sory and incidental to a permitted principal use. 10-19-2 REQUIRED CONDITIONS. No use shall be permitted to be estab- lished or maintained which by reason of its nature or manner of operation is or may be- come hazardous, noxious or offensive owing Page 152 of 195 CITY OF WATERLOO Council Communication Ordinance amending the Code of Ordinances by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. City Council Meeting: 2/18/2019 Prepared: 1/30/2019 REVIEWERS: Department Reviewer Action Date 1' laming &, Zorv_n ; Schroeder, Ade /Approved. 1. /30/2( ...:10:43 AM Clerk Office Even, l:.eAnn Approved woved 1./30/20 1(:- ... 10:47 A.M ATTACHMENTS: Description D ("ode of On. nAru.iendiru.n.ent D Jeri l"ho: ua berry (."ou:rnu:rnent:s Type D P aubluc Comment ualr 1vl star aJ • l'uuirlue, (onuane nt (2) l3aacp<:au:p Material • l'nubiic (:.`aunnn:mem (3) . 3aaeku:up Material • l�a.uprpic (anrnnnnnc<rnt (l:r Maaterii_aJl. • 11 u:, pic (:`anrnnnnernt. ante 111 ack: ulnr Mater°iaJl. • l'aabpia, (."anunnnnnert IKiskuurnas 1Vpateriall. • l'aabpua, Counnurnarnt (. pnarp� l3aaa°p�u:ulr Material • k'unb a, ln`onnurnerut E3ra:ua,pueu: Uaackaupr Material al SUBJECT: Motion to receive, file, consider and pass for the third time and adopt an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. Submitted by: Submitted By: Aric Schroeder, City Planner Recommended Action: Approval Summary Statement: The proposed amendment would remove the current ban on the use of fireworks, allowing them on July 3, 4 and 5 of each year between the hours of noon and 11 p.m. on July 4 and between the hours of noon and 10 p.m. on July 3 and July 5. The amendment would provide that it shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance. By separate amendment, the Zoning Ordinance is proposed to be amended to regulate where fireworks can be sold. The amendment would increase the fine for violations of this section from $250 to $375. And the amendment would provide for enforcement of this section by police officers, and provide for the fire chief to make application for grant funds administered by the state fire marshal to fund enforcement activities. Page 153 of 195 Expenditure Required: Source of Funds: Policy Issue: none n/a Code of Ordinances Page 154 of 195 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions and Use: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo except on July 3, 4, and 5 of each year between the hours of noon and 11 p.m. on July 4 and between the hours of noon and 10 p.m. on July 3 and July 5. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, er-for signal purposes in athletic sports or by railroads or trucks, for other signal purposes, or -by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. (Ord. 5427, 12-11-2017) E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the state fire marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code, or is otherwise authorized by this Code. (Ord. 5456, 6-4-2018) F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00)three hundred seventy-five dollars ($375). (Ord. 5427, 12-11-2017) G. Enforcement and Compensation: During the annual period in which fireworks sales are allowed, this section may be enforced by police officers, who shall have authority to document violations and issue citations, and said officers may also respond to related nuisance calls. To the greatest extent possible, funding for such enforcement activities shall be obtained by application made by the fire chief or his designee to the grant program administered by the state fire marshal under Iowa Code 100.19. Page 155 of 195 Comments to Waterloo City Council Monday Feb 11, 2019 By Jeri Thornsberry, 704 Sheridan Road, Waterloo, IA 50701 Tonight once again I plead with you not to approve the change to the ordinance banning all fireworks in Waterloo. Last week I heard some interesting comments from members of council and our police chief. I heard one of you say that there was virtually no difference in the number of fireworks actually exploding between year one and year two. This is not my experience. And since apparently the City does not have an accurate count of the number of complaints because allegedly all complaints were not logged, I decided to ask my neighbors how they experienced the volume of fireworks from when it was legal and the second year when they were banned. Each and every neighbor stated that year 2 was tolerable. Barely any disturbance from the law breakers. So the ban is working. To abandon it after one year seems irresponsible to me and my neighbors. Next, I heard one council member say that we citizens should take up this issue with our state representatives for opening this Pandora's Box for us in Waterloo. Yes citizens do need to contact their state elected representatives. However, each of you took an oath to protect the health and safety of Waterloo citizens. Your actions to allow fireworks that disturbs and distresses many different cohorts of Waterloo residents is dumbfounding especially when the State Legislature allowed local communities the option of limiting or banning these fireworks. Do your duty to all citizens and do not lift the ban. Next our police chief responded that police officers do in fact find it very difficult to issue tickets to those people breaking the law. This comment is especially maddening when I witnessed an off-duty officer teaching a child how to light off a string of firecrackers on the 4th . If our police officers cannot even follow this law, I suggest we have bigger troubles in this city than most citizens even know. Again I plead with you not to lift the ban on fireworks. The reasons for passing the ordinance banning essentially a missile loaded with a variation of gunpowder have not changed. - People suffering from PTSD symptoms will still suffer. - Disabled citizens will still suffer. - People who have experienced family tragedy through gun violence will still suffer. - Citizens, young and old, with severe health problems will still suffer. - Unable to get to sleep because of the loud noises, children will still suffer - Our pets will still suffer in two ways—the noise and the sedation medication. Further every citizen will now be exposed to potential property damage. Today most of us live in established neighborhoods with our houses built about 20 feet apart from each other. What about property damage to a neighbor's roof or landscaping? I am dumbfounded that this council may consider this potential compromise which gives permission for one neighbor to potentially harm another's property. Is it ok to disrupt the peace and tranquility of other citizens using the rationale that those who bought these fireworks should be allowed to fire them? Do dollars spent by individuals matter more than the distress incurred by all other citizens because of their personal decision to buy a product? This is not commerce, this is coercion. Let's encourage building our community by inviting all citizens to witness the organized display of fireworks. Please do your duty to all citizens of Waterloo. Do not change the ordinance banning fireworks. Or alternatively, vote "No" on the current ordinance change and bring forth a new ordinance change that restricts fireworks to our only Independence Day—July 4th. Thank you. G. M. "Jeri" Thornsberry Submitted to City Clerk and to Councilman Ray Feuss, Ward 5, to be read into the record. Page 156 of 195 Nancy H. by From: MICHELLE WESTPHAL Sent: Monday, January 28, 2019 9:43 AM To: COUNCIL MEMBERS; KELLEY FELCHLE; Nancy Higby; LEANN EVEN Subject: PUBLIC COMMENT --FIREWORKS Follow 0p Flag: Follow up Flag Status: Flagged Rosemary Fathke,337Euclid, 236'187A,isagainst allowing fireworks any additional days. Thank you! Michelle 1:45 XI IN XX IA .01811911 ON 01 I al Pr 101 MO 1211121 AM en Nit MI�ON la N(1188 SPX Michelle Westphal Executive Secretary to the Mayor City of Waterloo • 715 Mulberry Street • Waterloo, Iowa 50703 Phone: (319) 291-4301 mayor8ywatodoo'iaurQ -���- /,������ Page 157 of 195 Nancy Higby From: MICHELLE WESTPHAL Sent: Wednesday, January 23, 2019 4:19 PM To: QUENTIN HART; KELLEY FELCHLE; Nancy Higby; NOEL ANDERSON; ARIC SCHROEDER Subject: PUBLIC COMMENT: FW: Fireworks Follow UpFlag: Follow up Flag Status: Flagged FYI - public comment on Monday's Council agenda concerning fireworks. Michelle Original Message From: Ron Lepsch[mai|to:a|l17l4@nnchsicom] Sent: Wednesday, January 23, 2019 4:07 PM To: MICHELLE WESTPHAL Cc: Margaret Klein Subject: Fireworks Here we go again the ban was working fine, I agree with the rezoning though. Ron Lepsch 467 Devinshire Dr., Waterloo, IA 50701 1 Page 158 of 195 Nanc From: Sent: To: Cc: Subject: Attachments: Follow 0pFlag: Flag Status: FYI MICHELLE WESTPHAL Wednesday, January 16, 2019 2:17 PM QUENTIN HART; KELLEY FELCHLE Nancy Higby FW: Fireworks ordinance Davenport Iowa fireworks ordinancepdf; Todd Dorman fireworks columnpdf; Bettendorf fireworks code.pdf Follow up Flagged From: Justin BortletthnmUto:jusUn@iovvajusUn.coml Sent: Wednesday, January 16, 2019 1:51 PM To: MlCHELLEVVESTPHAi; Sharon Juon; Pat Morrissey; Steve Schmitt; Jerome Amos Jr; ray.fuess@waterloo-ia.org; Bruce Jacobs; Margaret Klein Subject: Fireworks ordinance Waterloo City Council Members and Mayor Hart, I am writing as the managing partner of Crossroads Fireworks in Waterloo to ask you to consider amending Waterloo City Code to permit the use of consumer fireworks for a couple of days this summer and perhaps for New Year's Eve, Before | get to that, | want to address the zoning ordinance that the Planning & Zoning Commission is recommending. We have no particular quarrel with the ordinance as proposed, Our only objection to the ordinance passed in late 2017 (and repealed last summer) was that it lacked a grandfathering clause; because this new proposed ordinance includes such provisions, we have no objection. Operating under Waterloo's nonconforming use paragraph does place some restrictions on our business going forward, but | don't believe any of those restrictions are anything we can't live with, As for permissible use of fireworks, we would suggest the approach taken by Davenport and Bettendorf, which is to permit two days (July 3 and 4) in the summer, plus a couple hours on New Year's Eve. Our second store is in Bettendorf, so we saw the results of their approach close-up this past summer and on New Year's Eve. Although no approach will keep everyone happy, the Quad Cities approach seems to come as close as possible. There was obviously heavy use of fireworks July 3 and 4, but not much that we saw outside of those dates. You will always have some scofflaws who will set off fireworks whenever they want without regard to the law, but most people - including most fireworks enthusiasts - want to follow the law if possible. We believe (and the Waterloo Police Chief has publicly agreed) that a complete ban, because it is unenfurceob|e, results in people not respecting the law and being more likely to disobey it. And once they decide they're going to use fireworks anyway, they have no reason to confine their use to July 3-4 or whatever the legal use period would be - the penalty for illegal use is the same at 3am on a Wednesday in early June as it is at 9pm on lndependence Day. If you allow a couple days of use, only the true scofflaws will use fireworks outside that window, which will make it easier for the Police Department to go after the real troublemakers. Allowing a couple of days results in the vast majority of fireworks users confining that use to the legal period, making life easier for people who just don't like the noise as well as those with legitimate difficulties with fireworks, i.e. PTSD ouffepena, pet owners, and parents of young children. As seen in Waterloo this year on July 4, it's simply impossible to completely eliminate the use of consumer fireworks that night. Why not make it truly legal that night (or, pnaferab|y, a couple nights) and make life easier for everyone the rest of the summer? It's working well in the Quad Cihes, and as a bonua, it seems to be a more stable solution - thus far | have heard no serious calls to make significant changes after this past summer season. 1 Page 159 of 195 In short, we believe that allowing a short usage period isn't just better for people who like fireworks - it's actually better for people who hate them, too, because it does a better job of confining that use to a limited period and minimizing use outside that period. Thanks for your consideration and for all the work you do. Justin Bartlett Managing Member, Crossroads Fireworks 319-504-6654 p.s. I have attached the current Davenport and Bettendorf fireworks ordinances for your reference. I have also attached an excellent column from Todd Dorman of the Cedar Rapids Gazette making the case that fireworks bans kill off respectful neighborhood gatherings without stopping the people who are the real problem; I would urge you to give it a read. 2 Page 160 of 195 Sections: 9.40.010 9.40.020 9.40.030 Chapter 9.40 PROJECTILES, TOY PISTOLS ANI) FIREWORKS Unlawful use. Selling toy pistols prohibited. Fireworks allowed as specified. 9.40.010 Unlawful use. It is unlawful for any person to play ball, throw stones or snowballs or other things in any street, alley or public place; or to shoot with or use a bow and arrow, or use any toy commonly known as a slingshot or rubber band gun or any other dangerous toy or instrument anywhere within the limits of the city; provided however, that the foregoing shall not apply to playing ball in public parks. Any person violating this section shall be guilty of a simple misdemeanor. Nothing in this section shall prohibit the hunting of deer or coyotes with bow and arrow pursuant to and during a municipally declared urban deer control hunt in accordance with the city's deer management program provided the bow hunter has obtained proper licensing from the State of Iowa and been issued a permit to bow hunt by the city prior to engaging in a hunt. Bow hunters shall at all times abide by the city's deer management plan while engaged in a control hunt within the city. (Ord. 2014- 369 § 1: Ord. 2006-408 § 1: Ord. 2005-37 § 1: Ord. 2003-637 § I: prior code § 23-17). 9.40.020 Selling toy pistols prohibited. Any person who sells, or keeps for sale, within the city, any toy pistol or toy gun which is discharged by means of any fulminating or explosive cap, cartridge containing fulminating powder or other explosive substance, and any person who uses, discharges or shoots off any such toy pistol or gun within the city, shall be guilty of a simple misdemeanor. (Prior code § 23-23). 9.40.030 Fireworks allowed as specified. A. As used in this section "consumer fireworks" shall mean and include "consumer first-class consumer fireworks and second-class consumer fireworks" as those terms are defined in Iowa State Code §I 00.19, subsection 1. Consumer fireworks includes, but is not limited to, such items as: 1. Aerial shell kits and reloadable tubes. 2. Chasers. 3. Helicopter and aerial spinners. 4. Firecrackers. 5. Mine and shell devices. 6. Missile -type rockets. 7. Roman candles. 8. Sky rockets and bottle rockets. 9. Multiple tube devices under this paragraph that are manufactured in accordance with American Pyrotechnics Association 87-1, section 3.5. Consumer fireworks does not include "Novelties" as defined and enumerated in chapter 3 of the American Pyrotechnics Association's standard 87-1 or "Display Fireworks" as defined and enumerated in chapter 4 of the American Pyrotechnics Association's standard 87-1 as published in December 2001. B. Consumer Fireworks may be used on July 3 and July 4 from 2 PM until 11 PM and on the night of December 31 from 10 PM until 12:30 AM. C. A permit to use display fireworks may be issued by the Davenport fire marshal's office pursuant to the criteria and standards adopted from the Uniform Fire Code. D. Use of any consumer firework at a date or time other than those allowed pursuant to subsection B or the use of display fireworks without a permit is prohibited and punishable as a simple misdemeanor as follows: First offense $250 Second offense $400 Third and subsequent $625 (Ord. 2017-498). Published by ClekBase D2018 by Cterkbasa. No Claim to Original Government Works. Page 161 of 195 Firm ks ^ ns w ake good d m� eig S 111 • 001NWI1010A10� Empty boxes of fireworks are piled under a table a a Bellino Fireworks stand located in a parking lot on Edgewood Road Southwest and Williams Boulevard Southwest in Cedar Rapids on Wednesday, July 5, 2017. The stand's manager said they sold nearly all of their inventory. (Rebecca F.Mi||urahoGazette) ()uthe Fourth nfJu]y`abunch o[nynorth Marion neighbors gathered. at one of our homes to shoot off fireworks. For mfew hours straddling duxkxesentmokebundmmtam skyward. We ignited sparkling, spinning and popping stuffon the ground. There were lighter -bearing igniters and lawn -chair - loungers. The kids ran around doing what kids do on warm summer nights, but were kcpt at a safe distance. Directions were followed and everyone left with all of their fingers. It was fun, and memorable. And it might not happen again. Page 162 of 195 Cedar Rapids, weeks after permitting the maximum legal leeway for use of fireworks under a law legalizing them in Towa, is now poised to ban their use. It wouldn't shock me if Marion follows its lead. After all, these cities are joined at the hip, cannon notwithstanding. share my own anecdote not as a rueful confession that I live in a neighborhood with low regard for clogs, veterans, air quality and the risk of thyroid conditions. I'd just like the record to show not all stories from the great fireworks experiment of 201 7 are horror stories. It wasn't all smoke and outrage. Make no mistake, there were horror stories. Far too many people, given easy access to legal sales, developed pyrotechnics derangement syndrome. Their bombs burst in midair at all hours, for weeks, blowing past legal limits with little or no regard for consequences or the harm inflicted on neighbors. Police calls were legion. Carelessness led to injuries and fires. Demands for a ban followed. But here's the funny thing about prohibition: It will no doubt put the kibosh on our neighborhood display. There's probably not much interest in bringing folks together to break the law. Other law -followers also will opt out, I suspect. As for the people who blatantly ignored even liberal limits set out in current ordinances and selfishly shrugged at the consequences of irresponsibility, they'll also blatantly ignore prohibition. So the ban will be about as effective as a damp firecracker. Problems will persist. Cedar Rapids also is proposing pushing sales to industrial areas. Swell. But at last report cars, trucks and other vehicles remain popular among hilly mobile residents. Sales will remain brisk, and chances the Legislature will reopen the issue of legal sales next year amount to slim and none. A ban won't solve the problem, but it is probably good politics. Page 163 of 195 Reports of mayhem have been flowing into City Hall for weeks from angry residents. Council members are getting an earful and it's an election year. They're interested in keeping their seats, and a couple of them are hoping to be the next mayor. There's simply no political upside to standing up for firecracker enthusiasts. That doesn't mean whiplash policymaking, steeped in outrage, is good policymaking. After just one season of legal fireworks, it would make more sense to first try vastly narrowing the window for legal use, cutting it from several weeks to a few days. Maybe even one day, Independence Day. Sure, there's a chance it leads to no improvement. But it's an intermediate measure that preserves some legal leeway for non - jerks, at least until we see how year two unfolds. It would acknowledge the reality of legal sales while addressing the damage done by a weekslong onslaught. Perhaps that smaller window could be paired with some innovative thinking on enforcement and penalties. Officials have months to work it out. The city has faced bigger challenges. Unfortunately, we no longer do intermediate very well. These are all -or -nothing times. My side wins. Your side loses. Nothing else is acceptable. Truth is, arguments both for doing whatever I please and for banning whatever I loathe spring from the same impulse to have things our way. Nannies! Drunks! Leaders who stroll into no man's land to call for a compromise soon will rejoin the ranks of the nonelected. Columnists will find an inbox of unhappiness. So the irresponsible have pushed us to swiftly embrace the unenforceable. I guess bans will make some of us feel better, until we're soon reminded how the real issues we face — pervasive selfishness, lack of empathy and a lost sense of community -- remain unscathed. They're more damaging and maddening than any rocket barrage. And tough ordinances can't make good neighbors. But we will have thwarted the rocketeers of north Marion. Page 164 of 195 [Comments: (319) 3988262; todd.dorman@thegazette.com Page 165 of 195 Chapter 7 FIREWORKS DEFINITIONS: 5-7-2: FIREWORKS SPECIFIED: 5-7-3: SALES: 5-7-4: PENALTY: 5-7-1: DEFINITIONS: For purposes of this chapter, the terms "consumer fireworks", "display fireworks", and "novelties" shall have the respective meanings enumerated in Iowa Code section 727.2, which definitions are incorporated by reference. Consumer fireworks do not include "novelties" or "display fireworks" as defined herein. (Ord. 38-17, 11-21-2017) 5-7-2: FIREWORKS ALLOWED AS SPECIFIED: A. Use Of Consumer Fireworks: Consumer fireworks may be used on July 3 and July 4 from two o'clock (2:00) P.M. until eleven o'clock (11:00) P.M. and on the night of December 31 from ten o'clock (10:00) P.M. until twelve thirty o'clock (12:30) A.M. on the immediate following day. A person shall not use, explode or discharge consumer fireworks on real property other than that person's real property or on the real property of a person who has consented to the use of consumer fireworks on that property. A person that uses, explodes or discharges consumer fireworks shall have responsibility to clean up all debris created by the fireworks. A person shall not reease or cause to be released an untethered sky lantern. B. Use Of Display Fireworks: 1. Permit: The City Council, through the Fire Chief or his/her designee, to whom the following authority is delegated, may, upon application in writing and payment of the permit fee of one hundred dollars ($100.00), grant a permit for the use of display fireworks by the City, a fair association, amusement park, or other organization or group of individuals approved by the City, when such use of display fireworks will be handled by a competent operator. 2. Application For Permit: The application for permit for the use of display fireworks shall contain the following: a. The name, address, and social security (or tax ID) number of the applicant. b. The Iocation, date, and time of the display. c. The name and experience of the person or persons who will be conducting/operating the d|ophay, including a copy of any pyrotechnician license held. d. A statement agreeing to indemnify and hold harmless the City of Bettendorf from any liability which may arise as a result of the display. Page 166 of 195 e. A signed and dated certificate of insurance, naming the City of 8ettendort as an additional named insured, in an amount not less than three million dollars ($3,000,000.00). 3. Review Of Application: Upon receipt of the application, the Fire Chief or his/her designee shall review the proposal, and base their decision on the following factors: a. The size and location of the display within the City. b. The training and past experiences of the person operating the display. c. The manner in which the applicant has conducted past displays. d. The likelihood that the display will unreasonably disturb nearby residents. e. Any special safety considerations. f. The proposed display meets or exceeds the requirements of the current International Fire Code. (Ord. 38-17, 11-21-2017) 5-7-3: SALES: The sale of any fireworks shall at all times be conducted in accordance with all Federal, State and local laws, including, but not limited to, Iowa Code chapters 100 and 727 and the Administrative Rules adopted by the Iowa State Fire Marshal relating to the sale, transfer, and purchase of fireworks. For avoidance of doubt, any person desiring to sell fireworks within the City shall obtain the applicable license and/or permit, including, but not limited to, a business license, transient merchant license, building permit, or operational permit, as prescribed by this Code. (Ord. 38-17, 11- 21-2017) 5-7-4: PENALTY: A person who violates this chapter commits a simple misdemeanor punishable as follows: First offense $250 .00 Second offense 400 .00 Third and subsequent 625 .00 anzgoji (Ord. 38-17, 11-21-2017) Page 167 of 195 Nanc From: Sent: To: Subject: MICHELLE WESTPHAL Wednesday, February 13, 2019 10:04 AM KELLEY FELCHLE; QUENTIN HART FW: Waterloo Fireworks Window From: Larry Herzog [moiltoJherzog0sdcdc.com] Sent: Tuesday, February 12, 2019 2:37 PM To: Steve Schmitt; Sharon ]uon; Bruce Jacobs; Ray Feuss; Margaret Klein; Pat Morrissey; Jerome Amos Jr Cc: MICHELLE WESTPHAL Subject: RE: Waterloo Fireworks Window Thanks for the kind words, Steve. It is probably true that a mjritvofprn'fimevvndodtizensurcbttinQtboirvievvsbeheand/|oud|x\bvsimp|yshooting fireworks off, without regard to local ordinances! Larry Larry Herzog I Controller Standard Distribution Co. 317 Savannah Park Road 1 Cedar Falls, D\SO6l2 Direct: 319.277.9260 I Cell: 319.504.9025 Fax: 800.285.8807 1 Email: iherzag@ndcdc.uonu From: Steve Schmitt <Steve,Schmitt@WATERLOO-IA.ORG> Sent: Tuesday, February 12, 2019 2:19 PM To: Larry Herzog Sharon ]uon<SharnnJmVn@VVATERLO04A.ORG/ Bruce Jacobs <Bruce,Jacobs@WATERLOQjPJ>; Ray Feuss <Ray,Feuss@WATERLOOIA.Pj3>; Margaret Klein <TERLO0'|A.QRG>;Patk4orrioey<Pat.K8crrisszy@WATERLOO-1A.ORG>;JeromeAmus]r K]erome.Amcs@VVATERLOO |A.ORG> Cc: MICHELLE VVE3TPHAL<fW|{H8IlE.VVESTPHALATERU00'1A.0RG> Subject: RE: Waterloo Fireworks Window Thank you Larry for sharing your thoughts. We could use more citizens who are willing to participate in our discussions and giving their point of view. Steve From: Larry Herzog [|heczuo0sdcdc.com] Sent: Tuesday, February 12, 2019 10:43 AM To: Sharon Juon; Steve Schmitt; Bruce Jacobs; Ray Feuss; Margaret Klein; Pat Morrissey; Jerome Amos Jr Cc: MICHELLE WESTPHAL Subject: RE: Waterloo Fireworks Window Understood, Sharon. Issues like this certainly challenge our ability to find balance. A huge concern, regarding the outright ban approach, is breeding disrespect for law and law enforcement by banning something that 50 many people want to do. Do this too often and that thin blue line gets erased. 1 Page 168 of 195 Larry Larry Herzog 1 Controller Standard Distribution Co. 317 Savannah Park Road 1 Cedar Falls, lA5O6l3 Direct: 319.277.9260 I Cell: 319.504.9025 Fax: 800.285.8807 1 Email: Iherzogasdcdc corn. From: Sharon ]uonERLO{)K\.OKG> Sent: Tuesday, February 12, 2019 10:30 AM To: Steve Schmitt <S!evc,Schm ;8rure]acobo<BLuceJacobs VVATERLO(}'|A,ORG>;Ray Feusa <Ray.FeuoeDVVATERL00|4lORG>;K4ar8areLK|ein<M;Pa1Monissey <Pat.Morrissey2WATERL00-1A.ORG>; Jerome Amos Jr <Jerome.AmosPWATERL00-1A.ORG>; Larry Herzog <> Cc: MICHELLE VVESTPHAL<K4|CHELLE.VVESTPHAL > Subject: Re: Waterloo Fireworks Window Larry So good to hear from you it has been 100 long! And thank you for sharing your thoughts about fireworks. ] understand your position and am struggling with trying to balance those beliefs with the serious problems caused by fireworks. I'm anxious to receive more input from citizens and will decide on my final vote based on that input. Thanks, Larry. Get Outlook for Android On Tue, Feb 12, 2019 at 10:21 AM -0600, "Larry Herzog" <lherzg_g_psdcdc.corn> wrote: I read in the e -edition Waterloo Courier this morning that the council is looking for feedback regarding fireworks. So here are my two cents (smile). Bruce and Steve already know that I like fireworks... though in reality, I like the idea of fireworks. I've not ever shot any off at my home in Waterloo, but America is about freedom. Growing up in Independence, IA ("America's Fame is in our Name") 1 was made keenly aware of the meaning of that freedom. And, we shot plenty of fireworks off out on our family farm! Short of harming others, freedom shouldn't be impeded. In this case, there are some who feel harmed by the noise ancl pollution of fireworks. Others would like to shoot them off whenever. I'd like to commend the mayor, council, and city staff for finding a rational middle ground on the issue, with a three-day legal window. And, for taking the time to be thoughtful of community member's divergent views. KUDOS. Thanks to all of you for your service! Sharon, I've not spoken to you since we worked on "My Waterloo Days" nearly a lifetime ago. It's been too long! Ray, congrats on winning the recent special election, neighbor! 1,11 stop and say "hi" on a hike to West High, once the weather warms up (smile). I'm in the Craftsman house on the corner of Baltimore (1604) and Mitchell, with the massive hedges. Sorry 1 missed you during your pre-election neighborhood tour. Margaret, Patrick, and Jerome I've not had the pleasure of meeting you. I hope to someday soon. 2 Page 169 of 195 Mayor Hart, I know that you are bending Abby Finkenauer's ear about our need to finally finish Highway 218 through Waterloo, by getting rid of the four at -grade intersections that so annoy truckers making stops at Crystal Distribution Services (and by extension, Crystal staff members who have to listen to the complaints!). Now that sh&s on the transportation committee, we all need to remind Abby of Dave Nagle's legacy of getting the rnoriey to mostly build that highway, alife-time ago! Abby could finish what Dave started. "End the END ofthe ROAD!" Meantime, 1 enjoy listening to your Friday morning chats on l<BBG (smile)! Regards, Larry Larry Herzog 1 Controller Standard Distribution Co. 317 Savannah Park Road | Cedar Falls, DA5O0l3 Direct: 319.277.9260 1 Cell: 319.504.9025 Fax: 800.285.8807 1 Email: lherzogksdceic.corn 3 Page 170 of 195 Nancy Higby From: MICHELLE WESTPHAL Sent: Thursday, February 14, 2019 9:59 AM To: COUNCIL MEMBERS Cc: KELLEY FELCHLE; Nancy Higby; QUENTIN HART Subject: Public Comments - Fireworks ChaMaKinney, S96-5429,1127Bnudand,S0702called, requested that | relay toyou that she is"veqy,very upset atthe thought that the amended fireworks ordinance will be passed." She "vehemently opposes any fireworks." She stated "there are people out there who oppose them, but aren't saying anything because they know it will get passed anyway, 50 what's the use?" NOMMM°MIKOMM°.MMMOVNOSIMAO°MAOMMMMAYMMMINIMPIMMAIMMOOMMOONOMM Michelle Westphal Executive Secretary to the Mayor City of Waterloo • 715 Mulberry Street ° Waterloo, Iowa 50703 Phone: (319) 291-4301 mayor@waterloo-ia.org klodo, m��� yoloyouv���� .1111111, 1 Page 171 of 195 July 5, 2016 What it's like to have PTSD, fireworks are a trigger and be surrounded by fireworks. This is my personal experience. Triggers have different effects on other people. There are so many variables that can affect a trigger. I.e. How big or small the trigger is, mood at the time of the trigger, several small triggers over a period of time can build into a major issue, etc. Normally on the days leading up to the Fourth of July I can turn on a fan and turn up the TV to block out the sound of fireworks but this year was different. New renters behind us and the fourth is on Monday so it's a long holiday weekend. It was also frustrating because on the days leading up to the July 4th I had to sit in the house with the windows closed when the weather was perfect outside. (My perfect weather is highs in the 60s to 70s and lows in the 50s and 60s.) If you want to skip the set-up and read only what happens inside me go to the last paragraph. We were out of town on Saturday, July 3rd. We came home Sunday, July 3 with plans to leave on the 4th. Normally, the neighbors don't light fireworks near our house. For whatever reason, they had their annual party on the 3rd instead of the 4th. They also thought I wasn't home. Because she had told me she wasn't going to light them off until the 4th I didn't think I needed to tell her I was home. I was caught way off guard for what was to happen. The fireworks started in the street in front of our house at dusk. Being that close to our house there was no way to block out the noise. I called the police but as is normal this time of year they are busy and can't respond to every call right away. At some point my mind said enough is enough and took over all thought processes. It started with an ugly confrontation in the street. As she is good at it Karla got me into the Page 172 of 195 house and calmed down a little. (I will apologize to the neighbor for the language I used.)1 The police arrived, talked to them and they quit. I can't tell you what my conversation with the officer was because we were standing outside and there were fireworks all around. I finally said that I had to get back inside and went. Up to this point I didn't realize while the neighbors were lighting fireworks off in front of our house the new renters behind us were also lighting off what another neighbor described as probably $2,500 worth of professional fireworks. Shortly after the police left the fireworks started again in front and behind our house. Karla told me we needed to leave and go for a drive in the country. Karla has been with me through the hell that is PTSD since day one and always knows what's best for me so we left our house. The house we paid for with our hard earned money. I didn't get a chance to deal with the renters which is probably a good thing. While we were sitting out in the county waiting for it to be safe for me to return home Karla made the comment the neighbors don't know what I go through. This is my attempt to explain the best I can what was going inside me after the fireworks started and before my mind took over all thought processes. Imagine just as you get to sleep the neighbor's dog wakes you up with his barking. The dog stops barking long enough for you to just start falling back to sleep when the barking begins again and wakes you up again. That continues throughout the night. The neighbor doesn't care and doesn't do anything to fix the problem. The next night it happens all over again. Now pack all the feelings and emotions you've had over the last two nights into the twenty minutes I couldn't block out the explosive sound of the fireworks surrounding our house and I think you'll have a pretty good idea. Next year I think I'll rent a cop to sit in front of our house. 1 FOOTNOTE ADDED 2017-05-20 — Shortly after July 4th I apologized. Page 173 of 195 Nancy Higby From: MICHELLE WESTPHAL Sent: Monday, February 18, 2019 8:29 AM To: QUENTIN HART Cc: KELLEY FELCI ILE; Nancy Higby; COUNCIL MEMBERS Subject: FW: Fireworks FYI: Public comments regarding fireworks. Thank you. Michelle Mayor's Office From: bwente@mediacombb.net [mailto:bwente©mediaconnbb.net] Sent: Monday, February 18, 2019 12:02 AM To: Steve Schmitt Cc: MICHELLE WESTPHAL Subject: Fwd: Fireworks From: bwenteAmediacorrubbnet To: "Margaret Klein" <margaretklei waterloo-ia.o Cc: "sharon juon" <sharori. uon� waterioo-iaorg> Sent: Sunday, February 17, 2019 11:57:38 PM Subject: Fireworks I have lived in Waterloo Ward 1 for 40 years at two addresses. I am a USMC Vietnam veteran and have been around firearms and fireworks most of my life, so I am no stranger to loud noises. On July 3rd and 4th of 2017 my backyard neighbor showered my property with bottle rockets. When I asked him to please refrain I was first greeted by denial, then screamed in my face "IT'S LEGAL!" and "WHAT'S THE BIG DEAL!among a tirade of other things. Neighbor to neighbor relationship permanently destroyed by fireworks. This has also destroyed the appreciation we had had for city displays. Now we are revisiting the issue. I can see that the council is on the path to allow fireworks again, but I am dreading another confrontation with this neighbor over the issue. Small stuff is fine but bottle rockets and arial displays have no place in a city residential setting. I am strongly urging you to reconsider and keep the ban in place. Thank you for your consideration, Bill Wente 562 Macallan Lane Waterloo IA 50701 Page 174 of 195 Nanc From: Sent: To: Subject: KELLEY FELCHLE Monday, February 18, 2019 1:45 PM Nancy Higby FW: Fireworks Hi Nancy, More public comment to add to Novus. Thank you! Kelley Kelley Felchle City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (319)291-4323 PURSUANT "f0 IOWA. CODE CHAPTER 22 E. -N1 A1 COMMU N .0 ATO NI TO AND FROM THIS ADDRESS MAY BE SUBJECT TO PUBLIC DiSCLOSURE, From: MICHELLE WESTPHAL Sent: Monday, February 18, 2019 12:54 PM To: QUENTIN HART; KELLEY FELCHLE Subject: FW: Fireworks From: Sherry Kiskunas [mailto:sherryk1965@grnail.com] Sent: Monday, February 18, 2019 12:46 PM To: MICHELLE WESTPHAL Subject: Fireworks Mayor Hart, This is the e-mail that 1 sent to all the city council members. I wanted you to hear my concerns as well: I am concerned about legalizing fireworks inside the Waterloo City limits. In 2017 when fireworks were legal, my neighborhood sounded like a war zone. This was continuous! The time limits were not Page 175 of 195 followed at all. This is not only unbearable for pets, people with PTSD but also the hardworking people who have to work the days that the proposed change includes. These are the people who pay property taxes, I have all of the above in my household. We will have to kennel our dog out in the country for her sanity & ours. If you could come to my house and watch as a petrified animal hides and shakes uncontrollably, I believe it would break your heart like it does mine. I have PTSD, 30 years after nearly being beaten to death by my exhusband, this was after 5 years of being used as a punching bag. He was mad because I filed for divorce when he was in the Army Ranger training program. I hope you can appreciate how much damage he was trained to do by the Army! I'm not sharing this for potty but awareness. My husband works 1st shift at John Deere, he's been there for 22 years. We've lived in Waterloo, owned a home in Waterloo since 1997. I've heard the arguments for legalization, the ban didn't work, people have a right to do this but the most absurd argument I've heard was with 3 day's of legalization, it gives police officers a respite from complaints. WPD has the job of enforcing the laws that the city council approves. I believe that any police officer knows what a job entails before they accept the job. I'm personally not worried about any downtime for WPD. 1 see things that should be ticketed all the time that are not. I have no faith in law enforcement in this city anymore. I see all the vehicles, the same vehicles that aren't moved during snow emergencies. They are the same 9 vehicles along Downing Avenue. I was driving down East 5th Street 2 weeks ago. I was in the middle lane, the car on my right had no lights on, on my left was a WPD vehicle. The WPD vehicle moved in front of me, next to the car without lights. I thought for sure that they would be pulled over but the WPD vehicle moved back to the left lane and turned off the street. This was at 8:30 pm on a Friday night. Not only was the vehicle in danger of not being able to be see but also caused a danger to others by not being seen by other motorist. These are just 2 minor examples of laws being broken. I hold WPD responsible for the citizens safety. That's my main reasoning for opposing fireworks being legal. It did not work in 20171 Last year the occurrences were reduced by a large margin. The ban did in fact work. Please vote NO tonight at the city council meeting. Sincerely, Sherry Kiskunas 1322 Scott Avenue Waterloo, IA 50701 319-290-9218 2 Page 176 of 195 Nancy�-� �� �� From: MICHELLE WESTPHAL Sent: Monday, February 18, 2019 2:49 PM To: KELLEY FELCHLE; Nancy Higby Subject: FW: Fireworks within our city From: Dennis & Mary [n}aihn:dennlu52©mrhsi.com] Sent: Monday, February 18, 2019 2:28 PM To: MICHELLE WESTPHAL Subject: Fireworks within our city Dear Mayor, The below paragraph was e-mailed by to each city council member. KnowinC that you may face a decision on whether to veto a vote to allow fireworks, I wanted to share my thoughts with you, too. Thank you for your consideration. As a council and individual you are asked to consider a wide range of matters, many of which cannot factor in "kindness". However, the noise and danger that fireworks pose is an issue that does have kindncss at its core. Please consi.der those your vote will harm and simply vote no. Thank you, Dennis Clark 2204 Ashland Ave Waterloo, IA 50703 Page 177 of 195 Nancy Higby From: MICHELLE WESTPHAL Sent: Monday, February 18, 2019 2:55 PM To: QUENTIN HART Co: KELLEY FELCHLE; Nancy Higby Subject: Public comment fireworks Mayor, Susie Brucher, 116 Bruce Ln., requests you veto the fireworks ordinance. She does not want any fFreworks. Thanks. mmW NO Mt NMI /Rd /0.1111111 a/ SW AIM AR DV VD SW VI VI NUM NI NM a ZUNI VD DV VI VI lel MS I OMNI IN DV AV IV VIVO NW VII Michelle Westphal Executve Secretary to the Mayor City nfWaterloo °7l5Mulberry Street ° Waterloo, Iowa SO7O3 Phone: (319) 291-4301 mayor@water|oo'la.org 1 Page 178 of 195 CITY OF WATERLOO Council Communication Motion approving change order number 2 in the amount of $112,777.01, to Price Industrial Electric, Inc., in conjunction with fiber optic installation and traffic adaptive system on San Marnan Drive, Kimball Avenue, W. 4th Street and a section of US Hwy. 218, Iowa DOT Project Number STP -A-8155(743)--86-07. City Council Meeting: 2/18/2019 Prepared: 2/12/2019 REVIEWERS: Department Reviewer Action Date Traffic t➢pcuannPs Ann Approved 2/13/20 1 Q ... 10 0 r A. 1\4 Submitted by: Recommended Action: Summary Statement: Expenditure Required: Submitted By: Sandie Greco, Traffic Operations Director Approve Resolution This change order has an addition of $116,217.01 with a deduct of $3,440.00 for a total of $112,777.01. It covers installing conduits, tracer wire, pull rope, extra fiber and additional excavation. Large portion is to replace fiber in old conduit that was damaged due to frost, being replaced with new conduit and fiber. Iowa DOT and Federal Highway Administration have review and approved the change order covered by the project's federal grants. Total cost of project is $815,056.76 - $15,056.76 above the grant. $112,777.01 ($97,720.00 grant, $15,056.76 - City's cost) I C C AP (Iowa Clean Air Attainment Program) and Source of Funds: STP (Surface Transportation Program) grants totaling $800,000. $700,000 - Grants - $100,000 - City match $15,056.76 - City Funds Policy Issue: Strategy - 3.4 Identify and improvement of proven cost and resource saving measures. A section of the existing fiber from Kimball/W. 4th intersection (6 corners) to Background Information: Grant Avenue was damaged. New conduit, tracer wire, fiber and pull wire will facilitate future needs. Page 179 of 195 CITY OF WATERLOO Council Communication 3:10 p.m. Council Work Session, Harold E. Getty Council Chambers City Council Meeting: 2/18/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk. Office p ° ven, eAnn Approved 2/13/2,1 P M Submitted by: Submitted By: Page 180 of 195 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes, December 11, 2018 City Council Meeting: 2/18/2019 Prepared: 2/8/2019 REVIEWERS: Department Reviewer Action Date Airport p:TeAnn Approved )/130O ATTACHMENTS: Description Type D Airport Board M etint; C\1 ii AAt� Il.ikeeitib r p p_ 20 8 (:`over Memo SUBJECT: Minutes of December 11, 2018 Airport Board Meeting Submitted by: Submitted By: Keith Kaspari, Airport Director AN4 Page 181 of 195 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, December 11, 2018 I. ROLL CALL Chairman Hugh Field called the meeting to order at 12:01 p.m. Board Members Present: Scott Voigt, Arlene Humble, Cary Darrah, Dr. Linda Allen, Chuck Needham, Gwenne Berry and Hugh Field. Board Members Absent: None. City Officials Present: Councilmember Margaret Klein, and Adrienne Miller, Planning and Zoning Department. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel, AECOM; Tim Newton, Livingston Aviation; Joel Harris, T -Hangar Tenant. II. AGENDA AS RECEIVED OR AMENDED Dr. Allen moved the agenda be approved, seconded by Ms. Berry. Ayes: 6. Motion carried. III. PUBLIC COMMENTS Mr. Field stated that he and Tim Newton have a meeting with Mayor Hart next week to discuss Runway 6/24. IV. REPORTS A. Airport Director Mr. Field asked about for updates on the new hangar development (Item VII. A.). Mr. Kaspari distributed a draft copy of the Hangar and Ground Site Lease Agreement and stated that the developer is balking at the ground lease rent he has proposed. However, in discussing the project with the FAA Compliance Specialist, the rate proposed by the developer is so low it could jeopardize our past and future FAA Airport Improvement Grants if we were to agree to that rate. 1 Page 182 of 195 Additionally, correspondence received today (December 11th) states that soil borings reveal levels of ground contamination from an old fuel farm at the site. As such, an agreement has not been reached on site prep work, including removing the old former and once -FAA owned emergency generator building that was apparently turned over to the City of Waterloo by a previous airport administrator, whereby the building reveals the existence of Asbestos Containing Building Materials (ACBM's) that will have to be abated and then demolished in order the project to proceed. Additionally, a tin -shed owned by the City of Waterloo yet leased to Livingston Aviation will need to be relocated in order for the construction to begin. Finally, a seven (7) panel cabinet which houses the Main Power for the entire Airport Complex will need to be relocated in order for the project to be completed, as the power cabinet is currently in the way of the small parking lot on the east side of the lease footprint. Discussion continued as to whether these costs should come out of the Airport budget (whereby no funds were budgeted for this activity), be paid by the developer, or if the City is going to provide TIF funding, if that would be enough to cover the upfront costs. Ms. Darrah asked if there have been comments from any other tenants who might be affected by this project. Tim Newton stated he has some concerns about where he will be able to park his fuel trucks, as they must maintain space between the trucks and any aircraft storage facility, and he is running short on space, but otherwise, he is happy to see development at the Airport. Mr. Field stated that a phone meeting will be needed, meeting public notice guidelines, to approve a final agreement before it goes to City Council. Mr. Field also asked for an update on Hangar 4 (Item VI. A.). Mr. Kaspari stated that there are multiple parties interested in leasing all or part of the space but no formal negotiations have begun. Additionally, the letter from the City Attorney to Mr. Swieter's legal counsel regarding the hangar bay oil burning furnace was reviewed and discussed. No response has been received, yet the letter just went out the previous day. B. Monthly Planning & Development Report ---- N/A 2 Page 183 of 195 C. Legislative Information No discussion. D. Misc. Monthly Airport Reports No discussion. Mr. Needham moved that Reports be received and placed on file, seconded by Ms. Humble. Ayes: 6. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of the November 27, 2018 Regular Meeting Moved by Dr. Allen, seconded by Ms. Darrah, that the minutes of the November 27, 2018 meeting be approved. Ayes: 6. Motion carried. B. Motion to Receive and File November 2018 Expenses Moved by Ms. Humble, seconded by Ms. Berry, that the November 2018 expenses be received and filed. Ayes: 6. Motion carried. VL OLD BUSINESS A. Hangar No: 4 Update: General Discussion (Copy of Correspondence to Legal Counsel) Discussed above, Item IV. A. VII. NEW BUSINESS A. Staff Update: New Hangar Development — General Discussion of Ground Lease Discussed above, Item IV. A. B. FAA — May 29, 2012 Memorandum of Agreement —Land Lease No: DTFA09-84-L- 10160 Discussed above, Item IV. A. C. Fly Local Fly ALO Draft Travel Policy — General Discussion Ms. Darrah stated that the Chamber Council has identified ALO as one of two priorities they want to work with to help grow. They have asked to review the Airport's Business Plan before working on the Travel Policy. 3 Page 184 of 195 Discussion included the need to set a meeting with Sioux City officials to find out details of how they were able to move away from the Essential Air Service program to an Airport with 5 daily flights to three (3) hub cities. Mr. Field stated that he had also wanted to bring back the discussion point from last month's meeting about the pilot shortage and the possibility of creating a training program at either Hawkeye Community College or UNI. Dr. Allen stated that HCC has checked into it but had not received a positive response from the FAA, who didn't feel there was enough need for pilots in this area. It was pointed out that graduates could go anywhere in the world to work, they wouldn't need to find a pilot position in the local area. Tim Newton would be interested in working with HCC on such a program, using their planes and flight instructors. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Moved by Mr. Needham, seconded by Mr. Voigt, that the meeting be adjourned at 1:05 p.m. Respectfully submitted, Hugh M. Field, Chairperson 4 Page 185 of 195 CITY OF WATERLOO Council Communication Planning & Zoning minutes of December 4, 2018. City Council Meeting: 2/18/2019 Prepared: REVIEWERS: Department Reviewer Action Date Pp aiding &, Zorunj Schroeder, Ade Approved 2/13/20119 .. 0:04 ACM C lent Office l p nz"by, Karr A pproved ?/ p 3/2019 - 5 A M ATTACHMENTS: Description Type P&Z 12/4/18 uuuln.ates Coven Mui_no SUBJECT: Planning & Zoning minutes of December 4, 2018. Submitted by: Submitted By: Page 186 of 195 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. December 4, 2018 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:01 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Buttgen, Wilber, Donat, Flynn, Holdiman, Muhammad, and Serfling. Members absent were: Hall and Trost. Others present: Noel Anderson, Aric Schroeder, John Dornoff and Seth Hyberger - Planning Department, Jerome Amos — Waterloo City Council Liaison; and 3 citizens. I.Approval of the Agenda It was moved by Donat, seconded by Wilber to approve the agenda with the amendment to move item DI to be first on the agenda. Motion carried unanimously. IL Approval of the Minutes from the Regular Meeting on November 6, 2018. It was moved by Donat, seconded by Buttgen to approve the minutes as submitted. Motion carried unanimously. 111. Financial Report: October 2018 Anderson noted that October is 33 percent of the fiscal year and that some expenses are higher due to tax changes and subscriptions are higher due to those being paid in advance, but for the most part everything looked on track. It was moved by Buttgen, seconded by Flynn to receive and place the financial report on file. Motion carried unanimously. IV.Oral Presentations No Oral Presentations V.New Business D. Encroachment Agreements 1. Request for US Bank for an Encroachment Agreement to allow for a 3' X 2' 6 square foot sign to be located in the right-of-way of Cedar Street located at 425 Cedar Street. Hyberger gave the staff report recommending approval with the condition that there be a signed and executed encroachment agreement with the owner indicating the 3' X 2' (6 SF) sign may have to be removed and replaced at the owner's expense in the event the City needs access to the public right-of- way. Buttgen asked for clarification on where the sign would go to which Hyberger answered that the sign would be between the street and the sidewalk, Flynn asked if the city would be responsible if the sign was hit to which Schrader responded that one of the requirements of an Encroachment Agreement is that the applicant accepts all liability and they defend the city. Holdiman asked if the sign would affect sight distances to which Hyberger said no. Page 187 of 195 Planning and Zoning Commission December 4, 2018 Brian Buss, Nagle Signs stated that the original plan was to put the sign on US Bank property however, that would cause them to lose a parking space. People are parking in the US Bank parking spots that are not US Bank customers. Buttgen asked if the 3 rows of cars is all US Bank parking, if the bank was opened on Saturday, and if the sign will say during business hours only to which Buss indicated that all three rows are for US Bank, the bank is not open on Saturdays and the sign will not indicate business hours. Troy Smith, US Bank said the sign is designed to monitor parking during business hours but wants to be a good steward in the community and does not have a problem with people parking there when the bank is not open but due to the amount of development happening they want to install the sign as a preventive measure. Flynn asked who would be doing the policing of the parking to which Smith said he did not have a good answer. Buttgen asked if the condominium development will have parking to which Anderson answered that it would have parking on the 1st floor along with having access to the upper plaza parking. It was moved by Buttgen, seconded by Donut to approve the encroachment agreement request. Motion passed unanimously. A. Special Permits 1. Request by Randy Sanderson to expand an existing Salvage Yard located at 110 Court Avenue. Domoff gave the staff report recommending approval of the special permit with the conditions that 1) that the Board of Adjustment approve a variance to the requirement that new salvage yards be at least 600 feet from a protected use 2) that the salvage yard follow the new guidelines set forth by Ordinance 5426 3) that the entire area of the salvage yard expansion be fenced including along the Canadian National right-of-way and 4) the box car is disposed of. After reading the staff report Dornoff noted that he had contacted the railroad whose name was on the box car who had disposed of the car several years earlier, they contacted the company that they had sold the car to, and the company that they were bought out by who is now part of Wells Fargo and they stated they will take care of the car. Dornoff also indicated that he received a letter of opposition to the proposed salvage yard expansion due to the history of violating the salvage yard ordinance over the years. Buttgen asked if there was anything important in the box car to which Dornoff said most likely no, it was sold for scrap. Flynn asked about the new ordinance and the specification for a minimum of 5 acres to which Domoff noted that the Ordinance allows for the expansion of existing yards even if they are less than 5 acres. Flynn also asked about the fence and the letter that was sent to which Dornoff responded that after inspecting the yard in 2017 the applicant claimed that he has an issue with illegal dumping so staff sent a letter in November, 2017 saying that it was willing to vacate Court Avenue and sell it to the applicant so that the applicant could solve the illegal dumping issues. The fence was put up without a permit sometime after salvage yard inspections in May, 2018 and September, 2018. Flynn feels that the applicant is manipulating the system. Wilber asked if part of the expansion would be over the railroad to which Dornoff said no and explained in the previous vacate the planning department took a line from approximately 40' from the center line of the railroad tracks to Hogle Street for the vacate. Dornoff also noted that the entire remaining portion of Court Street right-of-way is being vacated to be disposed of. Wilber also asked about the a portion of the -2- Page 188 of 195 Planning and Zoning Commission December 4, 2018 salvage yards existing property that looks to be on railroad right-of-way to which Dornoff responded that staff has been looking at old records in order to determine ownership of the area. Anderson noted that he could very well own it and the railroad has an easement to go across that property. Buttgen referred to page 23 in the packet noting that it appears that the applicant is encroaching on the area that would not be sold to him and asked if that was in the ordinance to which Dornoff responded that everything should be within the fence area. Buttgen also asked where the fence is that he put up to which Dornoff responded that it was along Hogle Street across the right-of-way of Court Avenue. Anderson also noted that condition 3 requiring the entire area to be fenced is to get everything within the fence area. Holdiman asked if the fence that was constructed in code with the ordinance and if the company that is supposed to get rid of the box car doesn't will it be up to Mr. Sanderson to which Dornoff responded yes the fence is in compliance and he will be responsible for the box car. Donat asked for clarification about the 600 -foot requirement saying he thought it was less than that to which Dornoff responded that for mailing out notices for Site Plans and Rezones the requirement is 250 - feet but certain potential nuisance uses such as salvage yards require a 600 -foot buffer. Flynn stated a time line needs to be set for the box car to be removed and the fence put up. She also stated she cannot support the special permit because of the letter of opposition and it appears that he has not been a good neighbor. Serfling also has concerns and asked if there was anything that can be done to which Anderson responded that he is aware of the violations because he is talking to city staff but if he does not get into compliance he can be issued fines and if desired the city can request administrative jurisdiction to clean up the yard. Wilber asked if it is possible to determine if it is truly illegal dumping at the site or the applicant to which Dornoff responded it is impossible to tell. It was moved by Wilber, seconded by Buttgen to approve the special permit request with the conditions that 1) that the Board of Adjustment approve a variance to the requirement that new salvage yards be at least 600 feet from a protected use 2) that the salvage yard follow the new guidelines set forth by Ordinance 5426 3) that the entire area of the salvage yard expansion be fenced including along the Canadian National right-of-way 4) that the box car be disposed of and 5) that the fence be installed and the box car disposed of within 1 year of the actions by the Board of Adjustment. Motion failed 1-5 (Holdiman, Flynn, Buttgen, Muhammad, and Serfling voting against). B. Vacates 1. Request by Randy Sanderson to vacate Court Avenue south of Hogle Street. It was moved by Flynn, seconded by Mohammad to table the vacate request. Motion carried unanimously. 2. Request the City of Waterloo to vacate portions of Airline Highway located west of 3070 West Airline Highway. Dornoff gave the staff report, noting that staff was recommending approval with the condition that an easement be maintained under, on, and above the proposed vacated. Donat noted in the staff report is said East Highway instead of East High. -3- Page 189 of 195 Planning and Zoning Commission December 4, 2018 Buttgen asks about the possible gas line and if that is something that needs to be address to which Dornoff noted that an easement will be maintained over the entire vacate so the gas line will be covered. Buttgen also asked if there was a business looking to locate here to which Anderson stated that there is perspective businesses looking at the area. It was moved by Flynn, seconded by Donat to approve the vacate request. Motion carried unanimously. C. Plats 1. Request by the City of Waterloo for the Preliminary and Final Plat of a minor plat of survey located west of 3070 West Airline Highway Dornoff gave the staff report recommending approval of the plat. Donat asks if the commission needs to be worried about the gas line to which Dornoff responded that it is included in the vacate, and an easement would be retained. Flynn asks if the way the lots are being platted is for the needs of a business that might locate here to which Anderson responded yes. Anderson also noted that the reason the vacate is in two sections is that one section was acquired by the Department of Transportation for the expansion of Airline Highway when it was serving as US Highway 20 and the other portion was purchased by the airport and with the portion that was purchased originally by the state being disposed of by way of state code 306.23 so it will proceed to council in different phases. It was moved by Donat, seconded by Serfling to approve the plat request. Motion carried unanimously. E. Streets Naming. 1. Request by City of Waterloo to name a private street Court Avenue, generally located north of 110 Court Ave. It was moved by Flynn, seconded by Mohammad to table the street naming request. Motion carried unanimously. VI. Election of Officers If was moved by Flynn, seconded by second by Buttgen to nominate Wilber to be Chair for 2019. Motion carried unanimously. Donat nominated Donat for Vice -Chair, Flynn nominated Holdiman for Vice -Chair, Serfling nominated Buttgen for Vice -Chair. Buttgen received 3 votes (Serfling, Buttgen, and Muhammad), Holdiman received 2 votes (Flynn and Holdiman) and Donat received 2 votes (Donat and Wilber). Buttgen was appointed as Vice -Chair for 2019. VII. Discussion Schroeder discussed the memo that was distributed with the packet that discussed proposed changes to the ordinance for the sale of fireworks in the city including a history of how we got to where the city is now. There was a phone call from Councilman Morrissey stating that he would like to see the sale of fireworks in commercial areas being an accessory use to a primary business thus not allowing stores that are -4- Page 190 of 195 Planning and Zoning Commission December 4, 2018 dedicated to just fireworks sales although current ones such as Crossroads Fireworks would be grandfathered in. Temporary tent sites will be limited to areas zoned "M-1" Light Industrial District or less restrictive. Buttgen asked for clarification of neighborhood business to which Schroeder explained the background on the C-1 district. Buttgen asked what the Steelsmith Shopping Center is zoned as to which Schroeder respond that it is zoned C-2 so they would no longer be able to have temporary tents but one of the businesses inside the center could sell fireworks incidental to their primary businesses. Buttgen then asks for additional information on what a Light Industrial District is to which Schroder explains. Donat asked about the ban on fireworks to which Schroeder responded that the city cannot ban the sale of fireworks but it can ban the use of fireworks. There was the threat of legal action last year that caused the city council to change where fireworks could be sold. Anderson noted that staff has gone over the legal actions over the last year and feels confident that limiting the sale of fireworks the way it is proposed would be legal. Jerome Amos, 4th Ward City council noted that he has worked with councilman Morrissey on the fireworks issue and is confident that the proposal is in the spirit of the court actions elsewhere. Flynn asked if the tents are licensed, and Schroeder explained that the state issues the license to sell fireworks and the cities are preempted from creating their own licensing. Anderson did note that staff does look at locations for fireworks that they have adequate parking and siting. Flynn stated that since they cannot be used here the fireworks stands will not want to come here but Schroeder pointed out that Waterloo is considered a regional market and they will want to sell here to people who don't live in the area but are in the region and can still use them. Donat asked if it would only be "M-1" zoning where they could be sold in tents to which Schroeder responded that it would be "M-1" or less restrictive zoning such as "M-2" and "M -2,P". If it was any more restrictive it could possibly be challenged due to the limited number of areas that would be acceptable to sell fireworks. The next meeting will be on January 8th, 2019 due to the New Year's Day Holiday. VIII. Adjournment It was moved by Flynn, seconded by Wilber, to adjourn the meeting at 5:17 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I -5 Page 191 of 195 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board Minutes from January 22, 2019 Meeting. City Council Meeting: 2/18/2019 Prepared: REVIEWERS: Department Reviewer Action Date gAWham* C\Jayer, S onia Approved 2/7/2019 2:40 PM ICI, Ounce 1pnz pry, Nancy Approved 2/ /2019 ... 11 AM ATTACHMENTS: Description Type D MIA IA. Minutes 01 " ",...19 Cover Memo SUBJECT: Waterloo Housing Authority Board Minutes from January 22, 2019 Meeting. Submitted by: Submitted By: JULIE DAWSON, EXECUTIVE DIRECTOR Page 192 of 195 WATERLOO HOUSING AUTHORITY, Governing Board Minutes Tuesday January 22, 2019 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Klein, Morrissey, Amos, Juon, Schmitt, Feuss Motioned by Juon, seconded by Schmitt, to approve the minutes from the September 17, 2018 and November 13, 2018 as proposed. Ayes: All Motion: Carried. Motioned by Schmitt, seconded by Juon, that Ray Feuss to be the Vice -Chairperson of the Waterloo Housing Authority Board. Ayes: All Motion Carried. Old Business Motioned by Morrissey, seconded by Schmitt to receive and file proof of publication of notiece of public hearing to amend the FY2018 PHA Annual Plan to project -base five (5) Housing Choice Vouchers. Ayes: All Motion Carried. Opened Public Hearing: No written comments on file; no oral comments from the public. Per the Board's request , Julie Dawson and Noel Anderson gave an overview of the program and the Greenhill Point site. Motioned by Morrissey, seconded by Schmitt to close the hearing and receive and file oral comments. Ayes: All Motion Carried. Motioned by Morrissey, seconded by Schmitt to adopt a resolution confirming approval of amended language to the PHA Plan. Ayes: All Motion Carried Motioned by Morrissey, seconded by Schmitt to adopt a resolution authorizing to proceed with the Environmental Review for Greenhill Point, as well as a new section in the Waterloo Housing authority's Administrative Plan for Project -Based Vouchers. Ayes: All Motion Carried. Motioned by Morrissey, seconded by Schmitt, to receive and file and instruct the Housing Director to submit the amendment to the Department of Housing and Urban Development for its approval. Ayes: All Motion Carried. New Business Motioned by Amos, seconded by Morrissey, to set the date of Public Hearing for the FY2019 Annual Plan and revised 5 - Year Public Housing Capital Fund Action Plan for Monday, March 25, 2019. Ayes: All Motion Carried. Motioned by Amos, seconded by Morrissey, to approve the contract renewal of Happy Software in the amount of $15,579.00. Ayes: All Motion Carried Motioned by Amos, seconded by Morrissey, to accept bid from WBC Mechanical in the amount of $2,828.00 to replace the remaining 2 of 3 boiler pumps at Ridgeway Towers. Ayes: All Motion Carried. Motioned by Amos, seconded by Morrissey to approve and place on file the PHAS (Public Housing Assessment System) Score for FYE 6/30/18. Ayes: All Motion Carried Motioned by Juon, seconded by Morrissey to place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All Motion Carried. Motioned by Amos, seconded by Morrissey to adjourn the meeting. Ayes: All Motion Carried. SAM Page 193 of 195 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Marc Moore, Patrol Officer, effective February 1, 2019 with recommendation of approval of payout of $17,686.96 for unused benefits. City Council Meeting: 2/18/2019 Prepared: REVIEWERS: Department Reviewer Action Date Resci rccs Donn, .t nonce .Approved 2/11/2089 . i0:09 .AM Alice H gby; Nancy Approved. 2/14/20.I...) ... i RD:37 AM. ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Police Department on the notice of the conclusion of employment for Marc Moore, Patrol Officer, effective February 1, 2019 with recommendation of approval of payout of $17,686.96 for unused benefits. Submitted by: Submitted By: Page 194 of 195 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department POLICE Today's Date: 2/1/2019 Effective Date: 2/1/2019 Employment Date: 5/2/2011 Job Title/Classification Patrol Officer This is to report that the employment of Marc Moore with the City of Waterloo has been severed by reason of: C] Retired Disability Related LI No LI Yes E Resigned CI Termination 0 Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 18.24 $33.85 617.42 Vacation -Current 120.00 $33.85 4,062.00 [Usable Sick Leave 0.00 $33.85 (x) 25% _ Frozen Sick Leave 0.00 $33.85 (x) _% - Personal Hours 0.00 $33.85 - Sick Time Pay 0.00 $33.85 - Unscheduled Leave 0.00 $33.85 - Other Pay 384.27 $33.85 $ 13,007.54 Total Payment $ 17,686.96 Approved by Human Resources' Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward approved form to Department Council Agenda Date: 0 AS/400 Status/Accruals Lil 1-9 Page 195 of 195