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HomeMy WebLinkAboutCouncil Packet - 2/11/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, February 11, 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 131 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Jamie Knutson, City Engineer Agenda, as proposed or amended. Minutes of February 4, 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 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). Submitted By: Noel Anderson, Community Planning & Development Director 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 1040 Cottage Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 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. Submitted By: Noel Anderson, Community Planning & Development Director 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 Page 2 of 131 notice. Submitted By: Jeff Bales, Associate Engineer 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. Submitted By: Randy Bennett, Public Works Manager 7. Resolution approving preliminary specifications and bid document, and setting date of bid opening as February 28, 2019 and date of public hearing as March 4, 2019, for the purchase of one (1) automated side -load garbage truck, and instruct City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Manager 8. 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 7 passenger FWD minivan, and instruct City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Manager 9. Resolution approving request to seek proposals for design and installation of security cameras at the Park Avenue parking ramp. Submitted By: Chris Youngblut, Director of Technology B. Motion to approve the following: 1. TRAVEL REQUESTS a. Ryan Anderson, Joe Schaefer and Michael Bearbower - Sewer Maintenance; Allen Fecht - ICT. Class/Meeting: Iowa Water Environment Association Collection System Conference/Review Session and ABC Collection System Exam Destination: Marshalltown, IA Dates: March 8, 2019 Amount not to exceed: $560 b. Forrest Graves, Foreman, Todd Gaede and Justin Gaede- Sewer Maintenance Class/Meeting: Iowa Water Environment Association Collection System Conference Destination: Marshalltown, IA Dates: March 7-8, 2019 Amount not to exceed: $390 c. Pat Treloar, Fire Chief Class/Meeting: Iowa Association of Professional Fire Chiefs Spring Conference Destination: Ames, IA Dates: April 3-4, 2019 Amount not to exceed: $180 d. Chris Ferguson, Fire Marshal Class/Meeting: Arson K-9 Recertification Destination: Bismark, ND Dates: June 3-7, 2019 Amount not to exceed: $920 Page 3 of 131 e. Aric Shroeder, City Planner and Adrienne Miller, Economic Development Specialist Class/Meeting: Main Street 2019 Board Lunches Destination: Waterloo, IA Dates: January - Amount not to exceed: $120 December 2019 f. Wayne Castle, Associate Engineer Class/Meeting: Society of Land Surveyors of Iowa Annual Conference Destination: Ames, IA Dates: March 7-8, 2019 Amount not to exceed: $400 Abraham Funchess, Human Rights Director Class/Meeting: 2019 National Community Reinvestment Coalition Annual Conference Destination: Washington, D.C. Dates: March 10-14, Amount not to exceed: $2,545 2019 h. Keith Kaspari, Airport Director Class/Meeting: CY 2019 Cedar Valley Coalition Trip Destination: Washington, D.C. Dates: April 29 -May 1, Amount not to exceed: $1,800 2019 i. Angie Fordcye -Community Development Coordinator, Anita Merfield - Administrative Secretary, Maggie Howard-Heretakis - Project Specialist Class/Meeting: National Community Development Association 50th Annual Conference Destination: Jacksonville, FL Dates: June 17-23, 2019 Amount not to exceed: $2,840 g. 2. LIQUOR LICENSES a. B&B East, 1615 Bishop Avenue Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 2/13/20 b. Blessed Sacrament Church, 650 Stephan Avenue *5 Day* Class: A Liquor New Application Includes Sunday Expiration Date: 2/20/19 c. The Broken Record, 315 W. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 1/20/20 3. APPOINTMENTS Page 4 of 131 a. Jim Petersen Board/Commission: Memorial Hall Commission Expiration Date: 12/31/2021 Re -Appointment PUBLIC HEARINGS 2. 2018 Remedial Actions Phase III B, Contract No. 949. 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, file and instruct the City Clerk to read bids. Resolution awarding contract to Lodge Construction of Clarksville, Iowa in the amount of $520,649.23 in conjunction with the 2018 Remedial Actions Phase IIIB, Contract No. 949 and approving the contract, bonds, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Steve Hoambrecker, Waste Management Services Director 3. FY 2019 CIP Pipelining Phase IIIC, Contract No. 962 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, file and instruct the City Clerk to read bids. Resolution awarding contract to Municipal Pipe Tool Co., LLC of Hudson, Iowa, in the amount of $377,252.75 in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962 and approving the contract, bonds, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Steve Hoambrecker, Waste Management Services Director 4. 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. 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 and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first 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 second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Page 5 of 131 RESOLUTIONS 5. 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. Submitted By: Noel Anderson, Community Planning & Development Director 6. 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. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street,1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson -Community Planning and Development Director 7. Resolution approving a Joint Project Agreement with the City of Cedar Falls for reconstruction and maintenance of the intersection of University Avenue and Midway Drive, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer ORDINANCES 8. Amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks. Motion to receive, file, consider and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, regulating the sale of fireworks. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the Ordinance. Submitted By: Aric Schroeder, City Planner 9. 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 second time 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. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted By: Aric Schroeder, City Planner 10. An ordinance amending Storm Water User Fees. Motion to receive, file, consider, and pass for the third time 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 Stormwater User Fees. Submitted By: Jamie Knutson, PE, City Engineer Page 6 of 131 ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:55 p.m. Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers February 12, 2019, 5:00 p.m. Work Session, Harold E. Getty Council Chambers February 13, 2019, 4:30 p.m. Work Session, Harold E. Getty Council Chambers Page 7 of 131 CITY OF WATERLOO Council Communication Minutes of February 4, 2019, Regular Session, as proposed. City Council Meeting: 2/11/2019 Prepared: REVIEWERS: Department ,e Reviewer Action Date rD;hy, Nancy Approved »5/7019 ... i :52 AM ATTACHMENTS: Description Type Minutes of 2/4/19 Backup Mater Submitted by: Submitted By: Page 8 of 131 February 4, 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 4, 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: Dave Zellhoefer, City Attorney 145803 - Juon/Feuss that the Agenda, 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. 145804 - Juon/Feuss that the Minutes, as proposed, for the Regular Session on Monday, January 28, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented that the city is giving a vacant building a refund and that he has been down to the city to try and get a refund for a woman that lives at 210 Williston. He asked that the city give the woman who lives at 210 Williston a refund for $1,900. Gary Steen, 51 Medina Road, asked that a statue be erected to honor Kevin Dill. He explained that Kevin Dill is the former Executive Director to Black Hawk County Veterans Affairs. Donations will be taken at the Waterloo American Legion and an account will be set up at a local bank. He asked the city to donate funds. Aaron Stacey Roberts, 411 Almond Street, stated that he gave the city a packet that explained that his children are living under duress. David Dryer, 3145 W. 4t1' Street, expressed concern that a sewer refund is being given to a private company for an empty building that had a high sewer fee. He stated that the fee needs to be further investigated as to why the fee was so high. Michelle Weidner, Chief Financial Officer, explained the sewer refund process and why the company received a $20,000 refund. Forrest Dillavou, 1725 Huntington Road, commented on the emergency $20,000 sewer repair that should have been paid out of the sewer fund if it was not. John Sherbon, 1715 Robin Road, thanked the city for releasing funds from the sewer fund and that the funds should be used to repay bond debt. Mayor Hart questioned if the city's debt shrank over the last year. Michelle Weidner explained that the city's general obligation indebtedness decreased over the last year. She explained that valuation was released from the TIF. February 4, 2019 1. 2. Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated February 4, 2019, in the amount of $2,238,136.29, 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. 2019-61. 2. Resolution approving the request of Matthew L. Glenn for tax exemptions on the construction of a new single family home valued at $240,000 for property located at 1935 Rainbow Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-62. 3. Resolution approving the request of Tammy Huggins for tax exemptions on the construction of a new garage valued at $28,000 for the property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-63. b. Motion to approve the following: a. b. a. b. c. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Steve Hoambrecker, Director Waste Management Services Director, Brian Bowman, Treatment Operations Assistant Director, Jesse Gaherty, Maintenance Foreman & Brad Manahl, Treatment Operator/Foreman Site Visits - new equipment technology Dubuque, Rockford, IL, Kenosha, WI, if not Waterloo February 5- 6, 2019 $580 Dennis Gentz, Assistant City Engineer Iowa Concrete paving Association 55th Annual Concrete paving Workshop Des Moines, IA February 6- 8, 2019 $445.20 Amended to add lodging Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Carlos O'Kelly's C Liquor w/Outdoor Service/Catering Renewal 12/30/2019 x HyVee Gas #2, 2221 Logan Avenue C Beer Renewal 01/20/2020 x Sabor Latino Restaurant, 1927 Jefferson Street B Beer/BB/Includes Wine Coolers New 01/14/2020 x February 4, 2019 Page 3 Rodney Butz Memorial Hall Commission 12/31/2021 New Ray Feuss Complete Streets Advisory Committee None New Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145807 - Schmitt/Amos that proof of publication of notice of public hearing on request by Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District, located north of 1685 Independence Avenue., as published in the Waterloo Courier on January 25, 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. 145808 - Schmitt/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. 145809 - Schmitt/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 rezoning 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District, for construction of commercial building/buildings", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 145810 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Noel Anderson, Community Planning and Development Director, explained that Mr. Fleming requested that the council suspend the rules to keep the project moving. Mr. Schmitt questioned if Mr. Fleming was going to be working on the property this time of year or if this is just part of a series of steps that need to be completed. Noel Anderson explained it was strictly to complete the acquisition. Mrs. Juon questioned if the entire parcel was being acquired by Mr. Fleming. Noel Anderson confirmed. 145811 - Schmitt/Amos February 4, 2019 Page 4 that proof of publication of notice of public hearing on Amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks, as published in the Waterloo Courier on January 25, 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. 145813 - Morrissey/Amos that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145814 - 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 first time. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. Aric Schroeder, City Planner, provided an overview of the ordinance changes. Mr. Schmitt questioned if businesses currently selling fireworks would be grandfathered. Aric Schroeder confirmed and noted that this applies to permanent structures. Mr. Schmitt questioned the purpose of the ordinance change. Aric Schroeder explained the changes will address safety and aesthetics. Mr. Schmitt questioned if the tents were primarily in parking lots. Aric Schroeder explained that some of the commercial properties abut residential properties and that the zoning ordinance is designed to address these circumstances. Mrs. Juon requested an overview of what the state legislature is proposing to change to fireworks legislation. Aric Schroeder explained that a bill exists at the state that would pre-empt cities from regulating fireworks and zoning and that he is unsure what the outcome will be. Mr. Jacobs questioned if the change would stipulate what business owners can sell and where or if it is trying to regulate aesthetics. Aric Schroeder explained that the ordinance is regulating aesthetics by limiting setbacks and where sales can take place. Mr. Jacobs questioned if this ordinance effectively sets a precedence on how other business owners may conduct business in the future. Aric Schroeder explained that the basic premise of zoning is to regulate what can be sold or February 4, 2019 Page 5 145816 - Amos/Morrissey that proof of publication of notice of public hearing on Asbestos survey services 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. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street, as published in the Waterloo Courier on January 22, 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. David Dryer, 3145 W. 4th Street, questioned if these properties were acquired through 657A and how many properties the city owns. Noel Anderson explained that all of the properties are 657A properties and the city owns over 160 657A properties for future development or demolition. 145817 - Amos/Morrissey that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145818 - Amos/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned if the city is rock solid in its ownership on 2127 E. 4th Street. Dave Zellhoefer, City Attorney, explained the city has title to the property. Resolution adopted and upon approval by Mayor assigned No. 2019-64. 145819 - 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. 2019-65. 145820 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning and Development Director for review. Estimate: $12,500 Bidder Bid Security Bid Amount AAA Budget Environmental, Inc., Monticello, IA No Bid Bond Bid Rejected February 4, 2019 Page 6 that proof of publication of notice of public hearing on purchase of one (1) 2019 One Ton Truck with Dump Body, as published in the Waterloo Courier on January 22, 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. 145822 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145823 - 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. 2019-66. 145824 - 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. 2019-67. 145825 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $67.,000 Bidder Bid Amount Bill Colwell Ford Hudson, IA $62,786.00 Don's Truck Sales, Fairbank, IA $62,349.00 McGrath Ford Cedar Falls, IA $62,035.84 Rydell Chevrolet, Independence, IA $61,606.14 Stivers Ford Lincoln Waukee, IA $62,955.00 Witham Auto Center LaPorte City, IA $65,269.00 Voice vote -Ayes: Seven. Motion carried. 145826 - Schmitt/Amos February 4, 2019 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2019-69. 145828 - Morrissey/Amos that "Resolution approving a Professional Services Agreement with Helland Engineering & Surveying, LTD for land surveying services along Airline Highway, in an amount not to exceed $700, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-70. 145829 - Klein/Amos that "Resolution approving an Amendment to a Development Agreement with Black Hawk Contracting & Development, changing the timeline and adding the 657A Infill Policy incentive on property located within Hillside Addition, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned where the property is located and what the difference is between these items on the agenda and the items on the agenda for Black Hawk Contracting & Development. Noel Anderson explained the location of the property and that the difference between this agreement and the two on the agenda last week is that this agreement is specific to the property location. John Rooff, Black Hawk Contracting & Development, 1509 Commercial Street, explained his mission is to provide the city with more affordable housing but that incentives are needed to help reduce the cost of construction to keep the homes affordable. Resolution adopted and upon approval by Mayor assigned No. 2019-71. 145830 - Klein/Amos that "Resolution approving temporary easement agreements with Steven M. Southworth and Dana M. Southworth in the amount of $185.10, at 4007-4009 University Avenue, Steven M. Southworth in the amount of $370.27, at 4003-4005 University Avenue, and Steven M. Southworth and Dana M. Southworth in the amount of $100.00, located east of 4003-4005 University Avenue, in conjunction with the University Avenue reconstruction Phase II project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-72. ORDINANCES 145831 - Schmitt/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", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Klein Juon). Motion carried. February 4, 2019 Page 8 Norajean Csukker, 2853 Cedar Terrace Drive, explained that she wants fireworks to continue to be banned. Mrs. Juon questioned if it is easier to enforce a window of use rather than a ban. Dan Trelka, Chief of Police, explained that it is easier to allow a short window of use. Mayor Hart questioned if an officer has to show up if there is a call that sounds like a gunshot. Dan Trelka explained the circumstances when an officer would and would not respond. Juon questioned if Des Moines changed their mind. Pat Treloar, Fire Chief, stated that no other city has changed their position on fireworks use. Mrs. Klein explained that she does not support the ordinance and that people in her ward are overwhelmingly opposed to the ordinance. She stated that very few to no fines were issued last year and that is not the reason to raise the fee. Mr. Morrissey commented that originally Waterloo allowed a window of use. The second year, the city banned fireworks and people still used them. After seeing that both did not work, he is proposing a compromise. He explained that he favors passing the ordinance but asked that Section G be amended to strike out the grant application language. Mr. Amos commented that he is in favor of allowing fireworks usage as citizens in his ward want both. He stated that he is willing to introduce an amendment for July 4th only. 145832 - Amos/Morrissey To amend by restricting usage to July 4th of each year between the hours of noon and 11 p.m. Roll call vote -Ayes: Three. Nays: Four (Jacobs, Feuss, Klein, and Schmitt). Motion failed. Pat Treloar, Fire Chief, provided an overview of the funding opportunities available through the State Fire Marshall's Office, which provide funding for equipment and education. Mr. Morrissey suggested a second amendment that addresses Section G. Kelley Felchle explained the process for introducing multiple amendments. Mrs. Klein questioned if this amendment would eliminate the rain dates. Kelley Felchle confirmed. Mr. Schmitt encouraged citizens to contact their legislators regarding fireworks. He stated that during the ban there was almost more usage than the year prior. He stated that he supports the three day compromise. Mrs. Klein commented that the city should continue to work to create and foster the type of environment that Waterloo want for their citizens and take whatever steps is necessary to ban the usage of fireworks. She further commented that enforcement will never happen if the police will not February 4, 2019 Page 9 Chief Trelka confirmed they can legally write tickets. Dave Zellhoefer, City Attorney, explained the difficulty in enforcing this ordinance lies on the fact that this is a simple misdemeanor which is a crime, not a municipal infraction. For the officers to enforce the ordinance, they must witness the act and be able to identify the person(s) who committed the crime, then he, as City Attorney, must prove the case beyond reasonable doubt. Mr. Morrissey commented on the inclusion of fireworks in the language of nuisance calls which allows enforcement to the property owner, versus the need to prosecute an individual for the crime. He further commented that since police reserve officers can be utilized in the enforcement per Iowa State Code, no additional language for this would need to be added to this ordinance. Mayor Hart requested clarification of the enforcement requirements for the nuisance ordinance. Dan Trelka commented that to use the nuisance component they do not necessarily have to identify the perpetrator. 145834 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. Morrissey questioned if any issue would arise if the rule suspension passes but the zoning ordinance change has not yet been passed. Kelley Felchle explained there should be no impact. 145835 - Amos/Morrissey 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 second time. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. David Dryer, 3145 W. 4th Street, questioned what the storm water funds have been used for since the program was created. Jamie Knutson, City Engineer, explained the funds generated by the storm water fund and were held to build a reserve. Mayor Hart read an email from the Chief Financial Officer that explained the historical use of the fund including construction projects. Norajean Csukker, 2853 Cedar Terrace Drive, explained that she is on Social Security and believes that she should not have to pay the fee because she does not have storm water infrastructure at her home. Mr. Morrissey commented that the city council is the sole discretionary authority to decide what storm water projects happen when and where. February 4, 2019 Page 10 that "an Ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four., Article A Pawnbrokers", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5481. ADJOURNMENT 145838 - Morrisey/Amos that the Council adjourn at 7:28 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication 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 (C URA). City Council Meeting: 2/11/2019 Prepared: 2/5/2019 REVIEWERS: Department Planning & Z,dD�Din t. pari; t.➢trfic, ATTACHMENTS: Description D CURA 2125 P iaa:u D CURA 2125 Pia SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Reviewer Schroeder, Aric ;pny, Nancy Street Four. Street 1 Action A pp -o ved Approved Type (17over i\1en'no Cover \/en io Date 2/5/2019 ....10:53 .AM 2/5/2(19... tt:i3 AM 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). Submitted By: Noel Anderson, Community Planning & Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. None N/A Strategy 3.8: Continue efforts to foster new investments and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area (CURA). City View Heights, north 75' of the east half of Block 15 Page 19 of 131 For Office Use Only Date Received: Z/ Received by: Staff to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA ,! APPLICATIONTOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Corrununity Planning & Development Deparhnent.) 3. This application must be filed with City prior to the VI working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, ! providing prior approval has been granted by the City Council or County Board of Supervisors, Please fill out the following information for your application to be submitted to the City Council. AME: ye!„.! //!!!.„„ ,/"!(!!!.!! ' SIGNATURE:17,74' ADDRESS: • c..? id- 5— 0 - TELEPHONE: — 6/() - 'icV(b) DATE: .`le!! '" fl" / A. What is the Address of the property being improved? ,„.,..205— >12( Wspt is the Legal Description of the Property? (May be available at County Recorder's Office on 2d floor of the Courthouse)? B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. partial exemption on the actual value added by improvements according to the following schedule: a. First Year ----------80% h. Second Year ------70% c. Third Year 60% d. Fourth Year -------50% e. Fifth Year 40% f, SixthYear 40% C. What was the nature of the improvement(s)? (.1 0 14,5 D, City of Waterloo Building and Inspections Department Information: PermitNumber: !l'hY / Datepermit was issued: I E. What was the cost of the improvement? / / F. Estimated or actual date of completion of these improvements? g. Seventh Year 30% h. Eighth Year 30% j. Tenth Year ---------20% . 4. (1 it'a Total permit(s) valuation: G. If this is not a singe -family dwelling Unit, which you own and reside in, will these improvements create a displacement of your tenants? • Yes No Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. LCITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: T.J. Koenigsfeld DENIED Black Hawk County Assessor Page 20 of 131 1111l11Vi olill olilll 0000ll�i1111111111111, „III 111 11111111'1'11'1'1'1'1'1'111'1'1'1'1'1'1' 1111,1111,11111111111111,11111 ' II'w.uuu'w.w,uw.uu 11111111111111111 "III'IwN�NN'I "il 1" 11111111 1 1,1111111 1,11:111i ylr pll' liit ,Ipuil11, "111111111111' NIDI V� 1y'iEEatatattrinarfirafire.1i111'i^19'ili1III, 41011,4144, IIIgI111iiIII111ppuiV!!IIVWI 111 11111111111111111111111111111111111'1 .w 1,11,1111,11,1111,111 11d�111�1"' „ml;my.,r '1111' ,, „ r 1 X11111 111111°', j rV "r !'E11111'1V11i1E II1,111,. Nlul 1'il1jlW: E1,', p, 11111 it It11i 11: E, 111 I1I� ! Yl11111111111111111111111111111111111111111111111 h I'�'i''� ' ,11p III4NQ1�1i+' II����U � �IIiI�I�,ul'VIIIIIfI"Ii'jV'�'��II'' 11 '0V1' 1111j 1 �1 1f d,1 '��VI!,'YCII�,���u�',NSI'1Y��11!�I�I�111u1�!lI�i11iVI�dYi�;ll�l�o rvlr^'ll M,11r 11 i(111E111""i11j'' SHIRLEY ST;;' 'mll111111Ij1t 111111111111111111111111 i Note Base map data sou. 1s B auk Hawk County Thin map does not re esen a ssaey no leelty assumed for the am racy of the data delineated herein, era expressed et muted by Black Hawk County the &ackck Han'l' County A sensor orahelr employees The Gay of Waterloo makes no wars, express or mldled as to the ace racy of the lnformatun eho, n the map and expr sHy dad., Misfit, for the accuracy thereof us rs should refer to ofheal plats Corded deeds, etc located at the Black Hawk County A susesr s ethos for complete and accurate inform.. w r M ann',""" ""11i'', 11111 N 1 1 , "`✓' I1nrllllw111111111111111111111111111 CITY OF WATERLOO Council Communication 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 1040 Cottage Street and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 2/11/2019 Prepared: 2/5/2019 REVIEWERS: Department Planning & Z,dD�D'�n t. pa;rl . Office , Reviewer Schroeder, Aric y, Nancy ATTACHMENTS: Description D CIIRA. 1040 Co tang ° Str r CURA 1.040 Cdtta SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Map Action Approved Approvett. Type Cover i\1 e n'n o Cover \/en io Date 2/5/2019 ... 10:33 .A.M 2/5/2(119 ... 1037 AM 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 1040 Cottage Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. None N/A Strategy 3.8: Continue efforts to foster new investments and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area (CURA). Rose Hill First Addition Lots 2 and 3 Block 9 Page 22 of 131 dotloop signature verificatory ddp CONSOLIDATED URBAN REVITALIZATION AREA For Office Use Only Date Received: Received by:_ Staff to make aC—py ap APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER TILE PROVISIONS OF THE CONSOLIDATED URBAN REVYIALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERI,00. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Conununity Planning & Development Department.) 3. This application must be filed with City prior to the lst working day of February following the year when the improvements are completed to cotnply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following infbrination for your application to be submitted to the City Council. NAME: ADDRESS: Shane R Bethany 1040 Cottage St TELEPHONE: 319-229-0367 A. What is the Address of the property being improved? SIGNATURE: DATE: ..5'lewee/R OezYr..av dotloop verif fed 02/04/19 5:38014 CST AX9I,RQNCJC,ITOFN0 Revised 02/04/2019 1040 Cottage Street, Waterloo, IA 50703 What is the Legal Description of the property? (May be available at County Recorder's Office on 2" floor of the Courthouse)? _ROSE HILL FIRST ADDITION LOT 2 BK 9 LOT 3 BLK B. Indicate desired exemption schedule: (I or 2) 1. ° One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year ----------80% b. Second Year 70% c. Third Year 60% d. Fourth Year -------50% g. Seventh Year 30% e. Fifth Year 40% h. Eighth Year 30% f. Sixth Year 40% i. Ninth Year ----- ----20% j. Tenth Year 20% C. What was the nature of the improvement(s)? Exterior paint, kitchen remodel, bathroom remodel, tile flooring upgrade, new carpet, new lower level finished area, and various electrical. D. C ity of Waterloo Building and Inspections Department Information: 20190000110 Jan 10, 2019 Permit Number: Date permit was issued: E. What was the cost of the improvement? Total permit(s) valuation: $26,000 F. Estimated or actual date of completion of these improvements? an 25, 2019 G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 23 of 131 dotloop signature Verification: liklpJ ,Njzl-geRi-r>>V CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 24 of 131 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/11/2019 Prepared: 2/4/2019 REVIEWERS: Department & Zoning :S,,. Zoning oronrop; QY Zoning Clerk Office ATTACHMENTS: Description o Packet SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Arne Schroeder, A:sic plipby, Nancy Action f 4 peG t;ed A pip an oved Aripn ved. Appa" veal Type Cover Mei Date 2/5/2019 12:02 P M 2/5/2,019 .. 12:42 PM. 2/5/2019 ... 1:05 .I' M 2/5/2,019 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. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request to set the date of public hearing as February 25, 2019 for 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. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by Vinton Street which is a Minor Arterial which connects to US Highway 218 a Principal Arterial. The area is zoned "M-1" Light Industrial District and "M-2" Heavy Industrial District and has been zoned as such since the adoption of the zoning ordinance in 1969. No buffers would be required as a part of this rezoning request. Page 26 of 131 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Rezoning of the land would not appear to have a negative impact upon drainage in the area. The Future Land Use Map designates this area as Industrial and the proposed development is in conformance with the Future Land Use Map for this area. The application is requesting to rezone 2.149 acres from "M-1" Light Industrial District and "M-2" Heaving Industrial District to "M-2" Heavy Industrial District for redevelopment purposes. Currently the southeastern portion of the property is zoned "M-1" while the rest of the property is zoned "M-2" and this proposed rezone will consolidate zoning for the site into a single "M-2" zoning. A proposed buyer for the site would look to redevelop the site but wants to have the entire site to have a consistant "M-2" zoning. There are currently three interconnected buildings on the site that total approximately 90,826 square feet. The applicant may look to subdivide the property once the rezone is approved. Therefore, staff recommends that the 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 be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in compliance with the comprehensive plan and future land use map of the area. 4. The request would bring new economic opportunities to the area. None N/A Zoning, Land Use and Economic Development. AUDITORS MORNINGSIDE PLAT LOT 10 EXC BEG AT NELY COR SAID LOT TH SLY ALONG ELY LINE SAID LOT 131.7 FT TH NWLY 235 FT TO PT 50.9 FT FROM NLY LINE SAID LOT TH NWLY 93.5 FT TO PT ON WLY LINE SAID LOT 24.8 FT SLY FROM NWLY COR SAID LOT TH NLY TO SAID NWLY COR TH ELY TO PT OF BEG AND ALSO LAKE SIDE ADDITION WATERLOO PART LOTS 8, 9,10 BLOCK 5 BEG AT PT ON NLY LINE HOGLE ST 220 FT FROM MOST SLY COR SAID BLOCK 5 SAID PT BEING MOST WLY COR OF E 20 FT OF SAID LOT 10 THE WLY LINE OF SAID E 20 FT LOT 10 IS ALSO WLY LINE OF RELOCATED LAKE AVE TH NELY ALONG WLY LINE RELOCATED LAKE AVE 58.8 FT TO PT 9 FT MEAS AT RT ANG FROM CENTER OF INTERCHANGE TRACK TH NWLY 63 FT TO PT 90.5 FT FROM THE LINE OF OLD HOGLE ST & 8 FT MEAS AT RT ANG FROM CENTER OF INTER CHANGE TRACK TH Page 27 of 131 Legal Descriptions: NWLY 95.4 FT TO PT ON WLY LINE SAID BLOCK 5 163.9 FT FROM MOST NLY COR SAID BLOCK TH SWLY TO MOST WLY COR SAID BLOCK TH SELYALONG NLY LINE VAC HOGLE ST TO PT OF BEG & ALSO LAKE SIDE ADDITION LOT 4 EXC THAT PART THERE- OF WHICH LIES ON SLY SIDE OF A LINE 30 FT PERPENDICULARY DIST NLY FROM & PAR TO NLY LINE OF WATER ST & ALL LOTS 5,6,7 ALL IN BLK 6 ALSO THAT PART VAC LAKE AVE LYING BETWEEN NELY LINE WATER ST & SWLY LINE OF R -O -W OF THE WATERLOO CEDAR FALLS & NORTHERN RR LOC BETWEEN RATH & WATER ST IN SAID CITY & THAT PART OF HOGLE ST LYING BETWEEN BLK NOS 5 & 6 IN LAKE SIDE ADD & NWLY OF EXTENSION ACROSS SAID HOGLE ST OF THE NWLY LINE OF RELOCATED LAKE AVE THROUGH BLK 5 OF LAKE SIDE ADDITION ALL IN THE CITY OF WATERLOO Page 28 of 131 REQUEST: APPLICANT: GENERAL DESCRIPTION: February 19, 2019 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. Dan Hillman, Four Seasons Realtors, 3336 Kimball Avenue, Waterloo, Iowa. Gene and Cheryl Waltemeyer, 98 Vinton Street, Waterloo, Iowa. The applicant is requesting to rezone the property in which a portion of the property is currently zoned differently from a majority of the property. The majority of property is zoned "M-2" Heavy Industrial District, but a small portion is zoned "M-1" Light Industrial District. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use. SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The site is TRAFFIC served by Vinton Street which is a Minor Arterial which connects to CONDITIONS: US Highway 218 a Principal Arterial. RELATIONSHIP TO There is a recreational trail located along the east side of Vinton RECREATIONAL Street that connects with the Cedar Valley Lakes Trail, the 18th TRAIL PLAN AND Street Trail and the US Highway 218 Trail. COMPLETE STREETS POLICY: ZONING HISTORY The area is zoned "M-1" Light Industrial District and "M-2" Heavy FOR SITE AND Industrial District and has been zoned as such since the adoption IMMEDIATE VICINITY: of the zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Commercial and Residential zoned "M-2" Heavy Manufacturing District and "R-2" One and Two Family Residence District. South —Industrial, Commercial and the Cedar River zoned "A-1" Agricultural District. East —Vacant Land, Commercial, Salvage Yard and Residential zoned "M-1" Light Industrial District and "R-2" One and Two Family Residential District. West —Crystal Distribution, Vacant Land and the Cedar River, zoned "M-2" Heavy Industrial District, "M-1" Light Industrial District and "A-1" Agricultural District. DEVELOPMENT Commercial and Industrial buildings built between 1921 and 1950 HISTORY: and residences built between 1911 and 1939. BUFFERS/ SCREENING No buffers would be required as a part of this rezoning request. 94— 98 Vinton Street— M1 and M2 to M2 PgDgEP29f6f 131 REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 19, 2019 Rezoning of the land would not appear to have a negative impact upon drainage in the area. The property is located in Zone X: Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. The nearest public schools are Lowell Elementary located 0.57 miles to the west; Bunger Middle School located 2.54 miles to the southeast; and East High School located 1.19 miles to the north. The nearest open space is Lafayette Park located one block to the north. There are a 48" Storm Sewer and 18" Sanitary Sewer Line located in Vinton Street. The Future Land Use Map designates this area as Industrial and the proposed development is in conformance with the Future Land Use Map for this area. The application is requesting to rezone 2.149 acres from "M-1" Light Industrial District and "M-2" Heaving Industrial District to "M-2" Heavy Industrial District for redevelopment purposes. Currently the southeastern portion of the property is zoned "M-1" while the rest of the property is zoned "M-2" and this proposed rezone will consolidate zoning for the site into a single "M-2" zoning. A proposed buyer for the site would look to redevelop the site but wants to have the entire iste to have a consistant "M-2" zoning. There are currently three interconnected buildings on the site that total approximately 90,826 square feet. The applicant may look to subdivide the property once the rezone is approved. Therefore, staff recommends that the 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 be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 94— 98 Vinton Street— M1 and M2 to M2 3. The request is in compliance with the comprehensive plan PgDgL gof 6f 131 94— 98 Vinton Street— M1 and M2 to M2 February 19, 2019 and future land use map of the area. 4. The request would bring new economic opportunities to the area. PgDg@P8146f 131 City of Waterloo Planning, Programming and Zoning Commission February 19, 2019 .......... '0-1 R- ,R -P 1.1 R -4,R R -3,C -Z 11 R2! -CZ I I II 111'1111i 1 1111 1 11 C -2,C -Z R-2 I 11 -I - C-1 R -1,R- R 4 R -P C- ,C -Z R-2 94-98 Vinton Street Rezone from "M -i" and "M-2" to "M-2" Dan Hillman Page 32 of 131 City of Waterloo Planning, Programming and Zoning Commission February 19, 2018 0 „II 1I111111 wPON " 94-98 Vinton Street Rezone from "M -i" and "M-2" to "M-2" Dan Hillman Page 33 of 131 AUDITORS MORNINGSIDE PLAT LOT 10 EXC BEG AT NELY COR SAID LOT TH SLY ALONG ELY LINE SAID LOT 131.7 FT TH NWLY 235 FT TO PT 50.9 FT FROM NLY LINE SAID LOT TH NWLY 93.5 FT TO PT ON WLY LINE SAID LOT 24.8 FT SLY FROM NWLY COR SAID LOT TH NLY TO SAID NWLY COR TH ELY TO PT OF BEG AND ALSO LAKE SIDE ADDITION WATERLOO PART LOTS 8, 9,10 BLOCK 5 BEG AT PT ON NLY LINE HOGLE ST 220 FT FROM MOST SLY COR SAID BLOCK 5 SAID PT BEING MOST WLY COR OF E 20 FT OF SAID LOT 10 THE WLY LINE OF SAID E 20 FT LOT 10 IS ALSO WLY LINE OF RELOCATED LAKE AVE TH NELY ALONG WLY LINE RELOCATED LAKE AVE 58.8 FT TO PT 9 FT MEAS AT RT ANG FROM CENTER OF INTERCHANGE TRACK TH NWLY 63 FT TO PT 90.5 FT FROM THE LINE OF OLD HOGLE ST & 8 FT MEAS AT RT ANG FROM CENTER OF INTER CHANGE TRACK TH NWLY 95.4 FT TO PT ON WLY LINE SAID BLOCK 5 163.9 FT FROM MOST NLY COR SAID BLOCK TH SWLY TO MOST WLY COR SAID BLOCK TH SELY ALONG NLY LINE VAC HOGLE ST TO PT OF BEG & ALSO LAKE SIDE ADDITION LOT 4 EXC THAT PART THERE- OF WHICH LIES ON SLY SIDE OF A LINE 30 FT PERPENDICULARY DIST NLY FROM & PAR TO NLY LINE OF WATER ST & ALL LOTS 5,6,7 ALL IN BLK 6 ALSO THAT PART VAC LAKE AVE LYING BETWEEN NELY LINE WATER ST & SWLY LINE OF R-O-W OF THE WATERLOO CEDAR FALLS & NORTHERN RR LOC BETWEEN RATH & WATER ST IN SAID CITY & THAT PART OF HOGLE ST LYING BETWEEN BLK NOS 5 & 6 IN LAKE SIDE ADD & NWLY OF EXTENSION ACROSS SAID HOGLE ST OF THE NWLY LINE OF RELOCATED LAKE AVE THROUGH BLK 5 OF LAKE SIDE ADDITION ALL IN THE CITY OF WATERLOO Page 34 of 131 Rezone — 94 to 98 Vinton Street 00000001,0000 111111.1. 111111 If v/II, �'� 4)��N4�17 91 1111111111111111111111, 0111'0 '11111 ammoIvllum lIm I 1 .1)1 77 111 !' I Looking from Vinton Street toward 94 Vinton Street. ovvon 10 1 di 11 11 111 1,11 G A.."F,,,ii,•„:.:P•i.;i3i!,!;!.11,115HIliaxo 111 r m, uu 11111 1011„.101 10111111111110 II lii m u Ill�n Ilpuuu�10111110010 011111111111111100 N 1000000000000000000000011100 111 II 1 111111 11111 11111 111 0110011111 111,0111011.11' I 0011110 0011000 0 0 01 ''1111111 11111 Looking at 98 Vinton Street Looking along the Vinton street side of the property. 101. 011110,01. �11 4110 �;,�, III..111 h1,111 11111 • • Looking from 94 Vinton Street toward 98 Vinton Street. Page 35 of 131 u .,,,1111111 11,11(01111 uulw II , uuulp�l�'li�r /"'"'"?#llllll111A, ""7Nw iljll r/r' 11111IIIIIIIII uuuiJl IIIIIIIIIIII11111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uuii� IluuullllPllllllllllll rnGrrrrbruu11 nrr rd ,;iT:i: ;i ResS11,11 111,1111110,1111,,,,,,1111,0111g,',1'11111101111',1...�@ndmu111°m914d' 1u11l1aU1"IgyI my , u6/i1 ,poXenNti�l Q!8.R/A!!!!nrtt nn �I� NdN'vN 11,1. x1M, o1�.R. a"nggo1111� m11s1', VpIVV uii 'm'VIV�1g91W1111111111111"111111111,1,1,1,1,1111,1,1,1,1,1„1„1„1„1„1„1, 111 1Ym r''m�ayl I,oouO ilu1 111'1'1'1111111111111111111111 9IIIIIII0 Looking from Rath Street toward 98 Vinton Looking at the backside of the property at Street. 11101$,!) �� � auulllluuuuilr� ,,,,,, ,1,,1111111111 I II �hYilll 11111111111111111111' , 11111111111111111111111111111111111111!!!!!!1111111111111111111111111111111111!!!!!!!!!!!1111111111111 1111111!!!!111111111111111111➢1111111 rrr 1,11.111611,1111;',..,„11,1,111,11;14;,,,,, nh6h4F81�N� !�� I � I1111°11111111111111111111111111111111111111111111111111111111111111111 rdr° uumillllllllll IV. uiiuuuuuu II 11111111 ui 1V1)111 nY'i4" lr� Il��II����dipll il��hlg',' VPS' 1410�� 14N�' 611 9d1iN1'V�'„Ixupyl' s �llnflnlll11i1 'Ih �u1Y1�n1111 • 11111 1111 11111!11111111111111111111111111111111100111111111111111 Looking from Rath Street along the side of the building. 111111111 Lake Street and Hogle Street. lllllll"1,/11llr ,1 1111111111,1,,1111, ��.!'';1” OhYyA18Y?PI,d!�u61�,'al, ; i Nou 111 1,10,H1,111,11,,; I111V 411111140,11 Looking from Hogle Street at the action portion of the property that needs to be rezoned. Page 36 of 131 APPLICATION FOR REZONING CITY OF WATERLOO PLANNTNG, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.201.4366 I. APPLICATION INFORMATION: / a. Applicant's �Je ^ ��rin )�� e'� � Pbouc:����� =* ,-;?/76' 7/ �' Fuz: ~. ' - ' � City: �/4��4 /tur State: ~�__~ »^A- Zip: b. Status of applicant: (a) Owne \ (b) Other (CHECK ONE): If other explain: c. Property owner's riarne ifdiffererit than above (please print): Address: Phone: Fax: City: State: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: WA/74,17 Zip: b. Legal description ofproperty to be rezoned: c. Dimensions ofProposed Zoning Boundary (Excluding Right ofWay): d. Area o[Proposed Zoning Boundary(Exc�diogQ�htn[\�uy): e ^= '� =Requested i f. Reason(s) for rezoning and proposed use(s) ofproperty: -��_ g. Conditions Conditions (ifany) agreed to: h. Other pertinerlt information (use reverse side ifriecessary): 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 1O increment). This fee is non-refundable. Under no condition shall said suni or any part thereofbe refunded for failure ofsaid amendment to be enacted into Iaw. Any major change in any ofthe information given will require that the request go back through the process, with a new fiting fee. Ifthe 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. Al! information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. �l ��-�-/4 --.-' /.. _' _ _ - _ Sigo�uroo[}\pp|icun Date Signature ufOwner Date Page 37 of 131 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/11/2019 Prepared: 2/5/2019 SUBJECT: 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. Submitted by: Submitted By: Jeff Bales, Associate Engineer Summary Statement: Plans prepared by the AECOM Expenditure Required: TBD Source of Funds: University Avenue Transfer of Jurisdiction Funds Page 38 of 131 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/11/2019 Prepared: 2/5/2019 REVIEWERS: Department Reviewer Action D ate 4 Traffic t➢1>efl•air����n�5 D�nz�.ry; Nancy Approved ?�lm:+l1,�A� SUBJECT: 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. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Recommend Approval Summary Statement: This pickup will be used by the Sanitation Supervisor and techs. Expenditure Required: $29,000.00 Source of Funds: 525-15-5200-2117 - Solid Waste (Sanitation) Policy Issue: Background Information: Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. This vehicle has been in the vehicle replacement program since Sanitation was moved to Public Works. Page 39 of 131 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications and bid document, and setting date of bid opening as February 28, 2019 and date ofpublic hearing as March 4, 2019, for the purchase of one (1) automated side -load garbage truck, and instruct City Clerk to publish said notice. City Council Meeting: 2/11/2019 Prepared: 2/4/2019 REVIEWERS: Department Reviewer Action D ate 4 Traffic to t➢peflan�ona�5 D�ftghy; Nancy Approved ?./m /2�A� pT SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving preliminary specifications and bid document, and setting date of bid opening as February 28, 2019 and date ofpublic hearing as March 4, 2019, for the purchase of one (1) automated side -load garbage truck, and instruct City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Manager Recommend Approval On a rotating basis, one (1) garbage truck is purchased every year which is 20% of the route fleet. $240,000.00 525-15-5400-2117 - Sanitation Fund (Solid Waste) Strategy 4.5: maintain and develop community services and city facilities that support quality of place. Life expectancy of a route truck is 5-7 years. Route trucks, once replaced, continue to be utilized (up to 5 additional years) to perform curbside recycle, curbside yard waste and extended yard waste pickup, along with code enforcement and illegal cleanups. Page 40 of 131 CITY OF WATERLOO Council Communication 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 7 passenger FWD minivan, and instruct City Clerk to publish said notice. City Council Meeting: 2/11/2019 Prepared: 2/4/2019 REVIEWERS: Department Reviewer Action D ate 4 Traffic t➢1>efl•air����n�5 D�nz�.ry; Nancy Approved ?./m:+/1.�A� SUBJECT: 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 7 passenger FWD minivan, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Recommend Approval The mini van will be a replacement for a motor pool mini van that is being taken out of service for out of town travel. $30,000 GO Bond Funding 416-18-7950-2117 and 418-18-7950-2117 Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. A rotation of Motor Pool vehicles are replaced according to mileage for out of town travel by all departments. Page 41 of 131 CITY OF WATERLOO Council Communication Resolution approving request to seek proposals for design and installation of security cameras at the Park Avenue parking ramp. City Council Meeting: 2/11/2019 Prepared: 2/6/2019 REVIEWERS: Department Information Services SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer i ^ ena p.. e A_nri Action Approved Date 2/6/7..019 ... 3:14 P M Resolution approving request to seek proposals for design and installation of security cameras at the Park Avenue parking ramp Submitted By: Chris Youngblut, Director of Technology Recommend approval. Requesting to seek proposals for design and installation of security camera system for the Park Avenue parking ramp. Because of the technology involved and the design variances, we are requesting an RFP process vs. a strait low bid process. Estimating $35,000 - $50,000. G.O. Bonds/Professional Services Page 42 of 131 CITY OF WATERLOO Council Communication 2018 Remedial Actions Phase IIIB, Contract No. 949. City Council Meeting: 2/11/2019 Prepared: 2/4/2019 REVIEWERS: Department /�a9e 1144 anaaggenu ATTACHMENTS: Description D Memo to \\I.a D Engineer'sR.eco iroumend D t:3nd "l.abl1Oartio Reviewer F: \r n, p: TeA_rnn SUBJECT: and rnci1 Action Date Appu:oved 2/5/713 d 9 5:144 Type Cover C\ Backup Viairtr Coven gl�crnno 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, file and instruct the City Clerk to read bids. Resolution awarding contract to Lodge Construction of Clarksville, Iowa in the amount of 8520,649.23 in conjunction with the 2018 Remedial Actions Phase IIIB, Contract No. 949 and approving the contract, bonds, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director Page 43 of 131 44,.0 erloo CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director February 4, 2019 Memo to Waterloo Mayor and City Council: RE: Reading Bids and approving potential award of CIPP 3B Project # 949 & 3C, Project #962 Background Discussion CIPP projects phase 3B (remedial measures) and 3C (lining) are the general conclusion of sewer rehab and lining projects in SA 15 and SA 16. They are required projects outlined in the master plan of the consent decree targeted to be completed between 2018 and 2020. AECOM has been hired to prepare the plans and specifications. Setting the date for the public hearing was on the January 14, 2019 city council agenda for approval. The bid opening is scheduled for February 7 2019. The public hearing, official bid reading and potential award is scheduled for on February 11, 2019. Phase 3 B's scheduled completion date is September 27, 2019. Phase 3 C's scheduled completion date is October 25, 2019. These projects are part of the approved CIP process and funded from the sewer fund. Recommended Action It is recommended that the city council approve bid reading and potential award for CIPP phase 3B and 3C at the February 11, 2019 city council meeting. Page 44 of 131 Al -COM February 8, 2019 Mr. Steve Hoambrecker Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: 2018 Remedial Actions Phase IIIB Letter of Recommendation City of Waterloo, Iowa City Contract No. 949 AECOM #60543369 Dear Steve, AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com AECOM has reviewed the bids submitted for the 2018 Remedial Actions Phase IIIB Project on February 7, 2019, for the City of Waterloo, Iowa. The apparent low bidder has met the requirements of the Instructions to Bidders. AECOM recommends awarding the contract to Lodge Construction, Inc., of Clarksville, Iowa, for the Total Bid price of $520,649.23. Yours sincerely, Christopher G. Oelkers, PE Enclosure: 2018 Remedial Actions Phase IIIB Project Bid Tab Dated 0\2/07/2019 P:\60543369\600_Construction_Support\03-PH IIIB\605_Bidding\02-Bid Opening\20190208 Wat CIPP IIIB LTR Recommendation.docx Page 45 of 131 CO N co 0) 10 M L M O d • N N O Oc C) cD 0 +r 0) O Z as c 73 • O Z .0 • E m cz d O Q lL = d c d M .OA O2 6-a o U p c L CO N U U Q J H Average I Bid Price m 0 00 LS, M NV M MMER4R Eft 64 0 0 0(n N (- ,- a 64 64 0 0 0(n (n W a CO s MM $ 412.50 $ 245.00 $ 135.50 $ 337.50 $ 33.50 $ 140.00 $ 177.50 $ 412.50 0 0 LO LO h M ,- CO ,-,- MM $ 28.50 $ 550.00 $ 280.00 $ 115.00 $ 412.50 I $ 267.50 0 0 Din 11)011)0 CO — a MMMM 0 0 O(n 0 N- CO $ 412.50 $ 300.00 0 0 0i., In N N a M64 $ 415.00 $ 400.00 0 0 0 L O N CO ,- ,71 - MM $ 300.00 $ 33.50 $ 230.00 I $ 33.50 Vieth Construction Corp Total Price $ 47,505.00 $ 34,720.00 0 0 0 O (O LO CO a COM W M M $ 70,312.00 $ 325.00 $ 6,500.00 $ 5,000.10 $ 325.00 $ 10,450.00 $ 18,291.00 $ 10,154.40 $ 600.00 $ 4,200.00 $ 4,200.00 $ 16,667.00 $ 325.00 $ 7,000.00 $ 4,444.50 $ 325.00 $ 12,000.00 $ 8,333.25 $ 325.00 $ 9,100.00 $ 8,500.00 $ 41,666.25 $ 325.00 $ 6,000.00 $ 5,000.10 $ 3,200.00 $ 746,124.90 Unit Price $ 5.00 $ 140.00 $ 88.00 $ 325.00 $ 715.00 $ 80.00 $ 325.00 0 0 (O N M $ 325.00 $ 30.00 0 0 (O 0) M 0 0 (O M M $ 150.00 $ 30.00 $ 600.00 $ 210.00 $ 210.00 $ 100.00 $ 325.00 $ 350.00 $ 50.00 $ 325.00 $ 300.00 $ 25.00 $ 325.00 $ 455.00 $ 425.00 $ 125.00 $ 325.00 $ 300.00 $ 30.00 0 0 0 O O O (O M M M Lodge Construction, Inc. Total Price $ 26,127.75 $ 31,000.00 $ 55,545.00 $ 500.00 $ 23,975.00 $ 50,097.30 $ 500.00 $ 7,000.00 $ 6,166.79 $ 500.00 $ 11,875.00 $ 14,266.98 $ 9,138.96 $ 500.00 $ 7,000.00 $ 6,500.00 $ 11,666.90 $ 500.00 O 6 0 CO co- co- M M $ 500.00 $ 12,000.00 $ 8,333.25 $ 500.00 $ 7,500.00 (000000) L0000 -0i- 06 O (0 01 0 0.- a (o co M M M M O 0 0 co co M M ,,.N M 0 o N I1 M Unit Price 0n 0 n 0 <V 0 N 44 MMM 0 0 0 0 0 0 (O LOO $ 57.00 $ 500.00 $ 350.00 $ 37.00 0 0 0 ,n $ 500.00 $ 125.00 $ 117.00 $ 27.00 $ 500.00 $ 350.00 0 0000 0 0 44444444 0 0 0 6 0 0 0) r� $ 300.00 $ 91.00 $ 500.00 $ 300.00 $ 25.00 $ 500.00 $ 375.00 $ 375.00 $ 135.00 $ 500.00 $ 300.00 $ 37.00 $ 300.00 $ 37.00 Engineers Estimate Total Price $ 11,876.25 $ 125,000.00 M M 0 0- CO 0 (O N M M $ 14,375.00 M M $ 22,500.00 $ 22,812.50 $ 12,812.50 $ 25,625.00 $ 43,125.00 $ 10,312.50 O 0 O O O M M $ 535,313.75 Unit Price Estimated Quantity 9,501.00 248.00 (n r 0 (n 878.90 1.00 CO m (o COal M N- O (0 c.„,° m 0 O N 1.00 95.00 121.94 338.48 0 o • O N r (0 (O O 20.00 166.67 1.00 20.00 88.89 M 0 o M O O• (0 0 M 1.00 20.00 M r M O O(0 CO O• O CO M,- N m r 0 0 O CO N m = = = LL LL J J i V) LL (/) J J 0) (/J (n J LL 0) J 0 J 0) J 0 LL 0) J 0 -J LL J J 0) 0) 0 0 -J 11- -(0 J J -J (0 J 11- -} VJ J (1) J LL i J (1) VJ LL d J J (1) U) LL J J LL 0) -J LL 0) J (n J J (n LL >- J (n Description Pipe Televising - 8"-15' DWG 4 Columbia Street - 12 IN Pipe Re DWG 4 Columbia Street - Restoration DWG 4 Columbia Street - Traffic Control DWG 5 Sumner Street - 8 IN Pipe Repla DWG 5 Sumner Street - Restoration DWG 5 Sumner Street - Traffic Control DWG 6 Valley Drive - 8 IN Pipe Replace DWG 6 Valley Drive - Restoration DWG 7 Upton Avenue - 8 IN Pipe Repla DWG 7 Upton Avenue - Restoration DWG 8 Carriage Hill Road - 8 IN Pipe R DWG 8 Carriage Hill Road - Restoration DWG 8 Carriage Hill Road - Traffic Conti DWG 9 Carriage Hill Road - 8 IN Pipe RE DWG 9 Carriage Hill Road - Restoration DWG 9 Carriage Hill Road - Restoration DWG 9 Carriage Hill Road - Traffic Conti DWG 10 Hickory Street - 8 IN Pipe Repk DWG 10 Hickory Street - Restoration DWG 10 Hickory Street - Traffic Control DWG 11 Aladdin Street - 8 IN Pipe Repl DWG 11 Aladdin Street -Restoration DWG 11 Aladdin Street - Traffic Control DWG 12 Williston Road / Leavitt Street DWG 12 Williston Road / Leavitt Street DWG 12 Williston Road / Leavitt Street DWG 13 Prospect Boulevard - 15 IN Pip DWG 13 Prospect Boulevard - Restoratic DWG 13 Prospect Boulevard - Traffic Co DWG 14 Prospect Boulevard - 10 IN Pip DWG 14 Prospect Boulevard - 10 IN Pip DWG 14 Prospect Boulevard - Restoratic DWG 14 Prospect Boulevard - Traffic Co DWG 15 Hammond Avenue / Lyon Aven DWG 15 Hammond Avenue / Lyon Aven DWG 16 Ravenwood Circle - 8 IN Pipe DWG 16 Ravenwood Circle - 8 IN Resto PROJECT TOTAL E N < aaa o U< N m U< 6 6 6 m< 6 ti m< ti CO m o< CO CO 0) o o 0) 0) e O 0)O O< CO U N N MMa N 0 O< O 0< m ¢ 0 0 'Mathematical Mistake made by the Contractor on their Bid Proposal Page 46 of 131 2018 REMEDIAL ACTIONS PHASE IIIB CONTRACT No. 949 Bid Tab: February 7, 2019 Estimate: $535,314.00 Bidder Bid Security Bid Amount Vieth Construction Corp. Cedar Falls, IA o 5 /o $746,124.90 Lodge Construction, Inc. Clarksville, IA 5% $520,649.23 Page 47 of 131 CITY OF WATERLOO Council Communication FY 2019 CIP Pipelining Phase IIIC, Contract No. 962 City Council Meeting: 2/11/2019 Prepared: 2/4/2019 REVIEWERS: Department Reviewer Waste Marsha ;earaein� veil t..� �.ouai Clerk: :.fiance eAnn ATTACHMENTS: Description D Memo to \Vat May an' R eco air irua endatno D Bid'Tab SUBJECT: rrry i..�OUfl. Action Date /w pproved 2/5/7,019 5:47 P M Approved. 2/5/7,019 .. 5:48 P C1rp Type (`over [1 13 ackup:b Cover Menai 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, file and instruct the City Clerk to read bids. Resolution awarding contract to Municipal Pipe Tool Co., LLC of Hudson, Iowa, in the amount of S377,252.75 in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962 and approving the contract, bonds, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director Page 48 of 131 44,.0 erloo CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director February 4, 2019 Memo to Waterloo Mayor and City Council: RE: Reading Bids and approving potential award of CIPP 3B Project # 949 & 3C, Project #962 Background Discussion CIPP projects phase 3B (remedial measures) and 3C (lining) are the general conclusion of sewer rehab and lining projects in SA 15 and SA 16. They are required projects outlined in the master plan of the consent decree targeted to be completed between 2018 and 2020. AECOM has been hired to prepare the plans and specifications. Setting the date for the public hearing was on the January 14, 2019 city council agenda for approval. The bid opening is scheduled for February 7 2019. The public hearing, official bid reading and potential award is scheduled for on February 11, 2019. Phase 3 B's scheduled completion date is September 27, 2019. Phase 3 C's scheduled completion date is October 25, 2019. These projects are part of the approved CIP process and funded from the sewer fund. Recommended Action It is recommended that the city council approve bid reading and potential award for CIPP phase 3B and 3C at the February 11, 2019 city council meeting. Page 49 of 131 Al -COM February 8, 2019 Mr. Steve Hoambrecker Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2019 CIP Pipelining Phase IIIC Letter of Recommendation City of Waterloo, Iowa City Contract No. 962 AECOM #60543369 Dear Steve, AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com AECOM has reviewed the bids submitted for the FY 2019 CIP Pipelining Phase IIIC project on February 7, 2019, for the City of Waterloo, Iowa. The apparent low bidder has met the requirements of the Instructions to Bidders. AECOM recommends awarding the contract to Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for the Total Bid price of $377,252.75. Yours sincerely, Christopher G. Oelkers, PE Enclosure: FY 2019 CIP Pipelining Phase IIIC Project Bid Tab dated 02/07/2019 P:\60543369\600_Construction_Support\04-PH IIIC\605_Bidding\02-Bid Opening\20190207 Wat CIPP IIIC LTR Recommendation.docx Page 50 of 131 Bid Tabulation Phase III C CIPP HydroKlean Total Price O Lci 0) 71 -Lf) CO 69 (D c0 V r CO- $ 22,926.61 CO O (D 4 r CO O 00 r C) r C9 693 69 $ 2,401.1; $ 2,910.2. $ 1,035.4. O c6 N- t N 69 Co N r 4 N V Ln CO r r 64 69 r co' Lf) CO EH $ 3,950.01 O O O O 0) O V 7 64 69 $ 84,600.01 $ 402,210.9C Unit Price $ 18.70 O r r N 64 O I� N 64 O N O O r (9 64 69 N r HJ N r 64 N r 64 0 Ni 64 00 CO Ni N 64 64 cO N CO- $ 5.00 I $$ 5.00 50.00 0 q 0 O M 69 Visu-Sewer, Inc. Total Price $ 200,447.50 O I— I: O Lc) co- r 64 O CO V co co V N 64 $ 17,759.00 $ 9,850.00 $ 698.00 $ 846.00 $ 301.00 O O O O r 0) r 69 $ 1,396.00 $ 1,692.00 O O N O O CO- 4Lf) $ 1,580.00 $ 294.00 $ 21,150.00 $ 80,370.00 $ 397,558.00 Unit Price in M O N 669- Lf) CO ci N 69- O CO O N 69- $ 59.00 $ 0.50 $ 0.50 $ 0.50 $ 0.50 0 0 N 693 $ 2.00 $ 2.00 O O N Hi O O N E9- iO $ 3.00 $ 75.00 $ 285.00 Municipal Pipe Tool Co. LLC Total Price $ 201,925.00 $ 15,705.00 0 Ln c0 V CO N 69 $ 12,943.00 $ 9,850.00 $ 698.00 $ 846.00 $ 301.00 0 Lf) N co N 69 $ 872.50 $ 1,057.50 $ 526.75 $ 1,975.00 $ 294.00 $ 21,150.00 $ 73,320.00 $ 377,252.75 Unit Price $ 20.50 O Lf) N N Go LO IN- I: N 69 $ 43.00 $ 0.50 O Lf) O HJ O Lf) O 69 O Lf) O 69 LO N r 69 uJ O N N r r 69 69 10 h r 69 O Ln Ni 69 O O O O M Lf) I -- 69 69- 9O $ 260.00 Engineers Estimate Total Price $ 236,400.00 0 O O V a1 O N 64 $ 31,725.00 $ 13,545.00 $ 19,700.00 $ 1,396.00 $ 1,692.00 0 O N O O 69 $ 9,850.00 $ 698.00 $ 846.00 $ 301.00 $ 1,580.00 $ 392.00 $ 28,200.00 $ 84,600.00 $ 452,467.00 Unit Price $ 24.00 0 O O co ca $ 37.50 $ 45.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 O O O O r r 69 H3 $ 1.00 O O N EH O O O O V O O r EH 693 O O O O co H} Estimated Quantity O 01 CO CO CO CO 0 0 N C9 05 co°) r ccoo r O CO c Q) 698 846 o co w 1` O 0 O N W N 'E LL _1_1_1_1_1_1_1_1_1_1_1_1_1_1w LI LL LI LI LL LI LI LL LI LI LL LI LI < < W Description BASE BID 8" Diameter CIP Pipe Lining 10" Diameter CIP Pipe Lining 12" Diameter CIP Pipe Lining 15" Diameter CIP Pipe Lining Pipe Televising - 8" Pipe Televising - 10" Pipe Televising - 12" Pipe Televising - 15" i0 0) 0 0 co a) U a) a E Pipe Cleaning - 10" Pipe Cleaning - 12" Pipe Cleaning - 15" Type C Root Removal - 8"-10" Type C Root Removal - 12"-15" Lateral Reinstatement 3 -FT Lateral Grouting PROJECT TOTAL E r N CO V L1] co t` co T s- r,- r r FY2019 CIP PIPELINING PHASE IIIC CONT. NO. 962 Bid Tab: February 7, 2019 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 /o $377,252.75 Visu-Sewer, Inc. Pewaukee, WI 5% $397,558.00 Page 52 of 131 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: 2/11/2019 Prepared: 2/5/2019 REVIEWERS: Department ➢) lann ing Q ornn t.' perp,_ t.➢ t'tice, ATTACHMENTS: Description • Staff' Repot: • Aerial Photo D A.pppicant4 Narrati� D P ictures D Overview leap D Application k crip:uorn SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Ark; Elven, LeArnrn. Action Approved Approved. Type Cove r M n"no Cover r Merno Memo Meana Date 2/5/2,0 p 9 5:57 9 M 2/6/2,019 9:31 A.M 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 and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first 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 second and third times 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 Page 53 of 131 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: 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 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. 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 54 of 131 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 PgDge 55f 6f 131 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. Pg056bf 131 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. PgDge5Y"6f 131 City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 Pg:0 68f 6f 131 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 45 E. Airline Highway Rezone from "R -i" to "C-2" Michael Maloney 0 0.005 0.01 0.02 0.03 0.04 4131 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 60 of 131 d' �� 9ll6all V'�V4"WI nllw 11,111111 „! w wmloll d�wrr �VWw ml�Illudm�mI�IIWu�IIKR6idIIdW'f6( ,I! IrP,�4p �d'V „9,04•aIII 10 a „, log1)144014 IIII a M'I dpi mmwwe.��.wm a w..... IVIG W : W! „ gWWPWNNP m ,..' �ull!'WJI'AI!W„„cul VoViu"r�'mlgtluvv,V'r11W4tiWUV� w iryilll4�4(V IV'�i���Irl mm uwmwiv �64mloovyWIRIWu(mmwloli F+ukWl`�ablVa�W;; nrn IU,�Prd 111 1111111 p�INli(��11 Ylh"/iiPi niR6lnim uu uuuuuuu �����IIII �� .ilivilililvvovIvIvIvIvIvIvIvIvIvIvIvIvIvIvIv111111 11111111111111111111111 11111111111111111111 P 01"), 1, "W (� �� �Illllu, �(uuuu uw111puuuu ���II!mhuuIIIIIIIIIV' ..ii; "!'9111i11i1 11111111111111111111111111111111111111111111111111111111111111 np�m;n:IRWWu gwlYIiIIVVIIIP�4'�4'iiuiol� lu�ddl����u,II",��”mmi��d��°IWutl�IlulululRui�II11M�1��9�, I ���iY��� l'il'110011111111111P.101111111111111 1111111 1111110 VIIII 'of 131 ! k�m�rry r,„ire�III I11111.0 1111101111111tl )111 IY N�; 041w 0111IN'illi m !ql ,ila'd:' Ipl IV I vm m, r PYa�ai!h�'al� I IIY¢ WY'y16411;;4+„W'';SV7! loin uluI; � YIIIIII �I I �I�PI�'I 1l 1o11 dol w„);;;„ hroN I11i1 Q ' 11,1 Page 62 of 131 11111111111111111111111, \i ' 11400.1',0o \: \ S�illWAw �(..1..!1; � / � «, \1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 9zw�! /^/d\.I'' Page 63 of 131 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 64 of 131 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 65 of 131 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 sof 131 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 67 of 131 est 369 feet of the South 363 feet o The East 204 feet of the • 44-0, Cie 410 Page 68 of 131 CITY OF WATERLOO Council Communication 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 llth Street, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 2/11/2019 Prepared: 2/4/2019 REVIEWERS: Department 1° nuanuru'n�c & Zoning Clerk Office Reviewer Schroeder, /:roc Evert l:,e�n�rn ATTACHMENTS: Description D Release Document men:t D 2009 Development nt Agr c,urua°u:tit D Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Action Approved Approved Type CovO° Cove M erno Menlo r➢"no Memo Date 2/5/20..19 .. 10:25 .AM 2/5/2019.5:4? M. 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 llth Street, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approval The City of Waterloo and Nermin and Manulea Okanovic entered into a development agreement on October 5, 2009 for the construction of a residential building addition and conveyance of a portion of a public alley, located at 1409 West llth Street. Within the agreement (see attached) there is a provision that gives rights to the City to reclaim the property (alley) or portions thereof if the developer failed to take timely action to develop the property on terms specified in the agreement. A requirement of the development agreement was the owner was willing and able to construct an addition valued at a minimum of $18,000 to receive a portion of the public alley for $1.00. The permit valuation on the new addition was $25,000 and in 2012, the house had an assessed value of $63,950. Today, the house is now assessed at $115,010, an increase of $51,060 since 2012. Therefore, the developer has satisfied the conditions as set forth in the development agreement and staff requests that the reversionary rights pertaining to the property in question be extinguished. None Page 69 of 131 Source of Funds: N/A Policy Issue: Housing and Economic Development Legal Descriptions: The North Eight (8) feet of the Sixteen (16) foot public alley as platted in Block Six (6), Russell Heights Addition in the City of Waterloo, Iowa lying Easterly of the Northerly extension of the West line of Lot Three (3) in said Block Six (6) and lying Westerly of the Northerly extension of the East line of Lot Three (3) in said Block Six (6). Page 70 of 131 Prepared by Timothy E. Andera, 715 Mulberry Street Waterloo IA 50703. Phone (319) 291-4366 Return to preparer after recording. RELEASE OF REVERSIONARY RIGHTS WHEREAS, on October 5, 2009, the City of Waterloo, Iowa ("City") and Nermin and Manulea Okanovic ("Developer") entered into a certain Development Agreement (the "Agreement"), filed November 11, 2011 as Doc. No. 2012-8655, concerning real property legally described as referenced in the Agreement; and WHEREAS, the Agreement provided a right of reversion to the City if the Developer failed to take timely action to develop the property on the terms set forth in the Agreement; and WHEREAS, Developer has satisfied the conditions for extinguishment of the City's reversionary rights as to certain portions of the property. NOW, THEREFORE, City does hereby release and relinquish all rights of reversion, or similar rights, arising from or in connection with the Agreement as such rights relate to real property now legally described as "The North Eight (8) feet of the Sixteen (16) foot public alley as platted in Block Six (6), Russell Heights Addition in the City of Waterloo, Iowa lying Easterly of the Northerly extension of the West line of Lot Three (3) in said Block Six (6) and lying Westerly of the Northerly extension of the East line of Lot Three (3) in said Block Six (6)." Dated CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on , by Quentin Hart and Kelley Felchle. Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 71 of 131 Page 1 of 3 11111111111111111111111111111111 0111 Doc ID 004829050003 Type GEN Kind AGREEMENT Recorded: 11/09/2011 at 04:15:36 FM Fee Amt: $17.00 Pape 1 of 3 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Fi102012-00008655 DEVELOPMENT AGREEMENT This Agreement is made and entered into this r day of Ocf - , 2009, by and between Nermin and Manulea Okanovic, here fter caped Developer, and the City of Waterloo, Iowa, hereinafter called City. WHEREAS, City considers development within the City a benefit to the community and is willing for the total good and welfare of the community to sell city -owned property not needed for current or future public purposes so as to encourage that goal, and WHEREAS, Developer is willing and able to construct a residential addition, valued at a minimum of $18,000.00, on property legally described as RUSSELL HEIGHTS, LOT 2, BLOCK 6, and WHEREAS, said construction of a residential addition shall be completed within a 1 -year period of this signed and executed Development Agreement by Developer, and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED, Developer and City agree as follows: 1. The City agrees to convey property, as legally described on attached Exhibit "A", for $1.00 plus costs. The City shall convey, or cause to be conveyed, the property by Quit Claim Deed. Said property has a full value of $811.20, for which the City agrees to forego in consideration of said construction of a residential addition. 2. Developer agrees to construct a residential addition, with a minimum assessed value of $18,Q00.00, and take out necessary permits within a six-month period, from the date of this agreement. Said building shall be constructed in accordance with all applicable City, State, and Federal building codes and be in compliance with all applicable city ordinances. 3. Developer must obtain a building permit and begin construction within six (6) months of the date of transfer and be completed within twelve (12) months to meet requirements to repay a majority of the difference as stated herein between full value and conveyance price through taxes within five (5) years. If, after transfer of the property by the City to developer, construction is not commencing in accordance with the schedule as described, the title to the real estate will revert to City of Waterloo, free of any liens, encumbrances, etc. against said property. Developer agrees to sign all necessary documents for said reversion, if construction is not begun at the end of six (6) months, but the development of the project is still imminent, the City Council may, but shall not be required to grant an extension of time for the construction of the building. Partial start of development, not in accordance with the File Number: 2012-00008655 Seq: Page 72 of 131 Page 2 of 3 requirement to build a residential addition within a one-year period will also initiate the above requirement for reversion of land or full payment, as previously described, 4. After Developer's completion of construction of the residential addition, as previously described, any and all reversion rights granted to City, relating to any or all of the property described in Exhibit "A" shall terminate. 5. NOTICE: All notices, request, and other communication permitted or required herein shall be in writing and shall be effective when delivered to the addressee in person or when sent to such address by United States registered or certified mail, return receipt requited, postage prepaid, or by hand delivery, addressed as follows: For the City: Mayor Tim Hurley City Hall 715 Mulberry Street Waterloo, Iowa 50703 With copy to City Planner For Developer: Nermin & Manulea Okanovic 1409 West 11 " Street Waterloo, lowa 50702 6. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of Developer. 7, IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above. By: / - — Ic7-05 -en? Nermin Okanovic Date kun oe k __ leo—�—�� Manulea Okanovic Date CITY OF WATERLOO, IOWA Tim Hurley, ayor ATTEST: By: 101 aPinet Date 1o(( -j, Dae File Number: 2012-00008655 Seq: 2 Page 73 of 131 Exhibit "A" Legal Description -- Potion of Alley to be Conve- NerNermin Okanovic The North Eight (8) feet of the Sixteen (16) foot public alley as platted in Block Six (6), Russell Heights Addition in the City of Waterloo, Iowa lying Easterly of the Northerly extension of the West line of Lot Three (3) in said Block Six (6) and Tying Westerly of the Northerly extension of the East line of Lot Three (3) in said Block Six (6) A. File Number: 2012-00008655 Seq: 3 Page 74 of 131 Page 75 of 131 2/4/2019 Printable Map Output Black Hawk County Parcel Map Parcel ID: Deed Holders: Parcel Address: 8913-36-156-020 OKANOVIC,NERMIN & OKANOVIC,MANULEA 1409 W 11TH ST, WATERLOO, IA 50702 1 Rightswf.Way Township " City Lines railroad_dim mneme_ roaddim watername_, Selected Features hospital firedopt parks_. parks twprng Railroads Townships Sections Water Parcels Legend parceld'im roadname_ Aerial Photos Black Hawk Co.. Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor . co.black-hawk.ia.us.or 111111111111111111111111 duuuiiiiiiuui G 111 II I �l m �� IIIIIIIIIIIIIN)J11AI1' R;1wpl�� P � (Ilflllll LIIB E I'TY AVE. °fil+,Ksliii 111,;11111,. d'id01111i V Iii li vll ii u %111.11 0010.0. plV 1111.404 110 mooloolooloyov 11111111111 111 111111 V111f1Y?cP 0001,01.00.000,04000 olooholool rylll 0..0 �'°In 0011.00.0t1111 MA wadi 414I01i1llhll 110 Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 76 of 131/1 CITY OF WATERLOO Council Communication 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. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street,1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 2/11/2019 Prepared: 2/4/2019 REVIEWERS: Department lap ni i & Zahn: Clerk Office Reviewer Action Date Schroeder, A r'ie Approved 2/5/2019 5:57 PM 1?venm .,LAnn..Approved 2/6/2019.9:33 AM. ATTACHMENTS: Description Type D Signed Contract Cover Memo D Hawkeye ErnvirOfuMemo SUBJECT: Submitted by: Recommended Action: Summary Statement: 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. 71 Street, 536 Dawson Street, 623 W. 21ed Street. 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street,1430 Commercial Street. 421 Logan Avenue and 154 Harrison Street, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson -Community Planning and Development Director Approval of contract award to Hawkeye Environmental in the amount of $8,100.00.AAA Budget Environmental, Inc.submitted a lower bid, however did not submit the required bid security. Therefore, we are proposing to award the bid to the lowest responsible bidder. There were (4) bids received on Thursday, January 31st. The results are as follows: Bid amount Bid Security • AAA Budget Environmental, Inc. $7,090.00 None submitted • Hawkeye Environmental, $8,100.00 Yes • Terracon $13,875.00 Yes • New Horizons Bid was received after 12 Noon deadline Expenditure Required: Bid amount was $8,100.00 Page 77 of 131 Source of Funds: Nuisance Abatement Policy Issue: Nusiance abatement Background Information: The above mentioned properties were all acquired through Iowa Code 657A except for 1430 Commercial Street, which was acquired by the City for redevelopment purposes. Accepting bids for asbestos survey is the first of three steps towards demolition. After the asbestos survey's are complete, staff will go out for bids for asbestos abatement on those homes that where found to contain asbestos. Staff will then solicit bids for demolition. Page 78 of 131 EXHIBIT "C" CONTRACT FOR ASBESTOS SURVEY SERVICES 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson Street, 623 W. 2nd Street, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue, 154 Harrison Street. This Contract for Asbestos Survey Services (the "Contract") is entered into as of February 11, 2019, by and between the City of Waterloo, Iowa ("City") and Hawkeye Environmental ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of one (1) month after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos survey services Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $8,100.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within seven (7) days after the City has issued a Notice to Proceed with respect to any particular property or set of Page 79 of 131 properties, and all work shall be completed and delivered within thirty (30) days after issuance of the Notice to Proceed. 4. Asbestos Survey contractor will visit each site to inspect each property to verify that work is has been completed according to existing State and Federal rules and regulations. After abatement work is complete for a given property, Asbestos Survey contractor must certify to the City in writing that all necessary work has been completed in accordance with applicable state and federal laws, rules and regulations. If inspection determines that the abatement work was not properly completed, abatement contractor will be liable for any additional compensation claims that the survey contractor makes to the City due to repeat site visits. Contractor will also be liable for such claims if, before final inspection, the survey contractor must re -visit the site to address asbestos hazards that were previously identified in the survey contractor's initial inspection report. 4.1 Reserved 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14 -day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14 -day period), then City may declare 2 Page 80 of 131 that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 1 0 -days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 3 Page 81 of 131 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Survey Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Steve Henn r.. e e Env•.nmental Attest: Kelley Felchle, City Clerk 4 Page 82 of 131 EXHIBIT "A" SIGNATURE PAGE 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2"d Street, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Submitting Firm: Address: Hawkeye Environmental 814 Wood Lily Road City: Solon State: IA Zip: 52333 Authorized Representative (print) Steve H enneb erry Authorized Representative Signature Date : 1/30/19 Email: steve(Whawk eenv.com Phone: 319-333-7420 Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: X Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date REP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercip�tr t,83 of 131 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. ag of 11 Our bid, for asbestos survey services of the above listed sites is and will not exceed: 2127 E. 4th Street (Rectory only) $ 700.00 419 Lane Street $ 490.00 800 W. 2nd Street $ 700.00 614 W. 7th Street $ 490.00 536 Dawson Street $ 520.00 623 W. 2"d Street $ 600.00 411 E. 8th Street $ 650.00 328 W. 14th Street $ 490.00 1211 Sycamore Street $ 490.00 1420 Commercial Street $ 490.00 1422 Commercial Street $ 490.00 1426 Commercial Street $ 490.00 1430 Commercial Street $ 490.00 421 Logan Avenue $ 490.00 154 Harrison Street $ 520.00 Total $ 8,100.00 The contractor with the lowest total bid for all properties will be award the contract. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 CommerciER104 t, 84 of 131 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Pagel1 of 11 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond ZAX13595 KNOW ALL MEN BY THESE PRESENTS, that we HAWKEYE ENVIRONMENTAL LLC (Here Insert full name and address or legal title of Contractor) IOWA as Principal, hereinafter called the Principal, and AXIS INSURANCE COMPANY (Here Insert full name and address or legal title of Surety) 300 Connell Dr, SUITE 8000- Berkeley Heights, NJ 07922 a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF WATERLOO (Here insert full name and address or legal title of Owner) IOWA as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE BID AMOUNT Dollars ($TBD ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of projec0 .. ASBESTOS SURVEY & SAMPLING 15 PROPERTIES NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25TH 1 day of JANUARY 2019 HAWKEYE ENVIRONMENTAL LLC AXIS INSURANCE COMPANY iety)` A A GO ZALEZ (. N MA DOCUMENT A310 • BID BOND • MA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 arney-in-Fact (Seal) 1 Page 85 of 131 POWER OF AlPOIZNEY Know All Men by These Presents: That AXIS Insurance Company, an Illinois property ancl casualty company, (the "Company") does hereby appoint: Witham A. Ballay, Dana M. Kuber, Michael J. Friedrich, Maria A. Gonzalez, and Anne M -Barber of Bridgeview, IL - _ isI is true and lawful Attorney(s)-In-Eact, to make, execute, seal and deliver for and on its beteg assurety, bonds and undertakings, such documents to be valid as though executed by the Company on its own behalf The Company may revoke this appointment at -any -time. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This Power of Attorney is signed, sealed and certified underand bythe authority of resolutions adopted by unanimous written consent of the Board of Directors of the Company on July 12, 2013: RESOLVED, that any Vice President, Surety, acting singly, shall have the power and authority to appoint and revoke Attorneys -In -Fact to make, execute, seal and deliver for and on behalf of the Company, as surety, bonds and undertakings, such documents to be valid as though executed by the Company on its own behalf, subject to the terms and conditions of the subject Brokerage Agreements. In Witt ess wheefofvAxis Insurance Company has caused this instrument to be signed and its corporate seal to -he affixed by a duly elected and qualified officer, this 25th day of January;2011, _ ,-- Attested and ,erti led AXIS Insurance or By: Printed Name: Andrew M. Weissert Title: Senior Vice President STATE OF GEORGIA COUNTY OF FULTON Before me personally came- Andretv M. Weissert, Senior Vice President of AXIS InsuranceCorripar ty to me known -to be the individual and officer described herein, who acknowledged that they being duly authorized signed, sealed with the corporate sealand e ivered the foregoing instrument by the authority and tree -Elan ofsaid Company. 0‘1111111/1////1/4 ... IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal. Notary Public 14" VIOT/Ip L., 0' 5. 1°11.81,10=1: \PI,r')rPORE$ q Otiftry, CERTIFICATION itglitotOb Richard Zarandomr, Vice President, Surety & Assistant Secietary of AXIS Insuralice Company, do hereby certify that the attaehed Power of ttorney dated January 25,2018 on behalf of the person(s) as listed above is a true and correct copy and the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Andrew M. Weissert , who executed the Power of Attorney, was a duly elected Vice President, Surety of AXIS Insurance Company on the date of the execution of the attached Power of Attorney, IN 'TESTIMONY WHEREOF, 1 have hereunto set my liana -and affixed the e7.) ---Tr- ----- corporate sealof AXIS sur 'e Company on histh21day 1)0 28 ? - By: - C Printed Name: Richard Zarar-tdona --- Title: Vice President, Surety [Seal] Page 86 of 131 3 ®DATE A`C� o CERTIFICATE' OF LIABILITY INSURANCE (MMfDDIYYYYI 01!302019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AW Welt Ambrisco Insurance, Inc. 24 Westside Drive Iowa City IA 52246INSURERA: CONTACT NAME: PHONE (319) 887-3700 FAX No): ; (319) 887-3701 (AIC, No, Ext): { ) aaDRIESS: info@awwelt.com INSURER(S) AFFORDING COVERAGE NAIC # Admiral Insurance Company COMMERCIAL GENERAL LIABILITY INSURED Hawkeye Environmental LLC 814 Wood Lily Rd Solon IA 52333 INSURER B : ART - Ace USA FEI-ECC-14219-05 INSURER C : 05/04/2019 INSURER D : $ 1,000,000 INSURER E : $ 50,000 INSURER F : • 18-19 REVISION NUMBER: THIS I5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE eEEN REDUCED BY PAID CLAIMS. !LTR TYPE OF INSURANCE gDDL !NSD SUBR WVD POLICY NUMBER POLICY EFF (MM!DD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY FEI-ECC-14219-05 05/04/2018 05/04/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occuuence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X Deductible $2,500 PERSONALBADV INJURY $ 1,000,000 GENERALAGGREGATE $ 3,000,000 GEM_ X AGGREGATE POLICY OTHER: LIMIT APPLIES PER: ,PIEC ` i LOC PRODUCTS-COMP/OPAGG $ 3,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LEAS OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DEO RETENTION $ t3 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE EXCLUDED? In NH))N (MandatoryIn If yes, describe under DESCRIPTION OF OPERATIONS below N1A 6S62UB2E17005 04!2412018 04/24/2019 X SPTA UTE ERH •E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 A Pollution Liability Professional Liability FEI-ECC-14219-05 05/04/2018 05/04/2019 Each Poll Occ Each Prof Claim Prof Aggregate 1,000,000 1,000,000 3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Waterloo Planning and Zoning Department 715 Mulberry St Waterloos IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Y‘44,4 k!`�mra ')RD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 87 of 131 CITY OF WATERLOO Council Communication Resolution approving a Joint Project Agreement with the City of Cedar Falls for reconstruction and maintenance of the intersection of University Avenue and Midway Drive, and authorize the Mayor to execute said document. City Council Meeting: 2/11/2019 Prepared: 2/6/2019 REVIEWERS: Department Meering t. pn;ntOffice, ica, Reviewer 1.(.nason, Jamie Even, p..eAn�rtn Action Date .Approved 2/6/2019 112,:27 PM Aptra:wed 2/6/2019... :ip p-aM ATTACHMENTS: Description Type Joint A..greement Backup Mateii:'ii:- SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution approving a Joint Project Agreement with the City of Cedar Falls for reconstruction and maintenance of the intersection of University Avenue and Midway Drive, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer This intersection is of mutual interest to both Cedar Falls and Waterloo due to its location at a shared boundary of each City. Both Cities will benefit through cost efficiencies, elimination of redundant work and a more seamless connection of public infrastructure. Based on Statute and boundary areas, Cedar Falls cost share for reconstruction of this intersection is estimated at $252,650. Page 88 of 131 2/5/2019 JOINT PROJECT AGREEMENT This Joint Project Agreement (the "Agreement") is entered into as of 2019, by and between the City of Waterloo, Iowa ("Waterloo") and the City of Cedar Falls, Iowa ("Cedar Falls"). RECITALS WHEREAS, each party is reconstructing certain portions of University Avenue, and in the 2017-2018 construction seasons Cedar Falls substantially completed rebuilding that portion identified as "existing pavement" on Exhibit A attached hereto, and in the 2019-2020 construction seasons Waterloo will rebuild that portion identified as "new pavement" on said Exhibit A; and WHEREAS, the intersection of Midway Drive with University Avenue (the "Intersection") contains elements in which the parties have mutual interest due to its location at the shared boundary of each city, and the parties will gain mutual benefit through cost efficiencies, elimination of redundant work, and more seamless connection of public infrastructure by working cooperatively for completion of the Intersection on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose. The purpose of this Agreement is as described in the recitals set forth above. 2. Term and Termination. This Agreement shall be in effect until completion of construction of the Intersection, including but not limited to the public streets that comprise the Intersection, related storm sewer, and traffic signals. This Agreement may be terminated otherwise only by the mutual written agreement of the parties or by the non - breaching party after a material breach of the terms of this Agreement by the other party which is not cured within 45 days of written notice of such breach. 3. Funding. Each party shall bear project costs as described in this Agreement, and shall be responsible for its own financing of same. 4. Property. There will be no joint ownership of any personal or real property, other than as specified in paragraph 7 below. Page 89 of 131 2/5/2019 5. Administration. The parties expressly do not provide herein for the creation of a separate legal or administrative entity to carry out the purposes of this Agreement. The parties will cooperate with each other in good faith and on a timely basis to resolve any issues that arise during the term hereof. Each party will perform, in a good and professional manner, all project responsibilities allocated to it hereunder. 6. Construction of Street and Public Infrastructure. Each party is responsible for design and inspection of those portions of the project work that lie within its respective city limits and shall solely bear all of such costs. Based on a coordinated set of designs, Waterloo shall prepare plans, specifications, estimate of quantities, and estimate of cost and submit them to Cedar Falls for review and comment. After said plan, specifications and estimates have been approved by the parties, Waterloo shall put the contract out for bid, evaluate qualifying bids received, and award the contract to the lowest responsible bidder. Waterloo shall be responsible for administration of the contract of construction and shall bear all costs of administration and oversight, except for inspection within the city limits of Cedar Falls which shall be the responsibility of Cedar Falls. Cedar Falls shall be notified in advance of meetings involving the Intersection work. Cedar Falls shall have the right of review and acceptance, in advance of acceptance or approval by Waterloo, with respect to any change orders as well as final acceptance of construction for that portion of the project within the Cedar Falls city limits. For change orders that are approved by both parties that result in increased or decreased costs, such additional costs or reductions shall be borne or credited as the case may be by each party in proportion to the size of the areas within each party's city limits that are directly affected by the change order; or, if no proportion can be reasonably determined, then equally. Each party shall be responsible for street and infrastructure construction costs within its own city limits as shown by preliminary cost estimates outlined in Exhibit B with final costs based on as -completed construction costs. 7. Traffic Signals. Traffic signal removal and installation of new traffic signals and luminaire extensions at the Intersection will be administered by Waterloo. The parties shall equally share the actual, as -completed cost of such removal and installation. After installation, Waterloo and Cedar Falls shall jointly own the traffic signals. After installation the allocation of responsibility shall be as follows: a. Cedar Falls shall pay the electric bills for operation of the signal and luminaire extensions. b. Waterloo shall complete all routine maintenance of the signal and luminaire extensions, c. In cases where (a) an act of nature that is not covered through reimbursable funding or (b) a non -reimbursable incident occurs, then Waterloo and Cedar Falls will equally share the cost of damage repair or replacement, including parts and labor. 8. Street Maintenance. By separate agreement, the parties may provide for allocation of responsibility between them for routine maintenance of streets at the Intersection and its near vicinity, including but not limited to ice control and snow plowing. 9. Project Payments & Timing. Waterloo shall be responsible for administering all payments to contractors. Upon fifty percent completion of the Intersection Waterloo will bill Cedar Falls and Cedar Falls will remit payment for fifty percent of the completed Intersection costs identified as Cedar Falls' responsibility in Exhibit B. This payment will be sent to Waterloo within sixty (60) days of said billing. Upon project completion and final acceptance of the 2 Page 90 of 131 2/5/2019 Intersection by both Cedar Falls and Waterloo, Waterloo will bill Cedar Falls for the remaining portion of Intersection costs identified as Cedar Falls' responsibility in Exhibit B with final costs based on as -completed construction costs. This payment will be sent to Waterloo within sixty (60) days of said billing. Fifty percent completion occurs when the staging change is made that switches traffic, from the start of construction, to the opposite side of University Avenue roadway in order to complete the remainder of construction of the Intersection. 10. Timing. Waterloo shall make every effort to construct the Intersection in a timely fashion. Barring the occurrence of force majeure, unavoidable delays or like factors as defined in the construction contract, all project work described in Sections 6 and 7 is anticipated to begin in 2019, with the street and sewer and water infrastructure to be completed in 2019, with the possibility that driveways, sidewalks, landscaping, and traffic signals may not be completed until 2020. 11. General Terms. This Agreement, including all exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof. It may be amended only by the mutual written agreement of the parties. This Agreement is binding upon and shall inure to the benefit of the parties. Time is of the essence in the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Joint Project Agreement by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO, IOWA CITY OF CEDAR FALLS, IOWA By: Quentin M. Hart, Mayor By: James P. Brown, Mayor Attest: Kelley Felchle, City Clerk Attest: Jacque Danielsen, City Clerk Dated Dated Page 91 of 131 EXHIBIT A Midway Drive Intersection 2/5/2019 Page 92 of 131 waw 0000111111100 11111 011111. , II 19, um I 10000000000000000011101100,0101 01'11',,,'1100 1nr rllllll�ln��� �A'�IInI IIVk��a`FV�o�� �1 1011,'1,'111,0'1'11'1,11'1\0!,11110 00001 0000000000000 III 00000100000 011 10000000000000 00010000011010000010000100000VI 00,00 °°� wall uwwui �10 V!I Z C 1011401 111 000 i00010000,0100W10 'ry 00110 � l I II III I^� � II lil4110 11101 110001010111000„0„ 00 0, 0000000,00100000000000000000000 11 0.00,000 100000 000, 0000000000000000000,000:00'/000000,0000000000,00 .0„„ .000000000 111001 1110 '').000000.000:001001011011110,0 Ie 11111110 1.11 IIIA0000000000 I111 1111100000, 00100 0 111111111 100100 000000:01, 0001000111100 0ullr N0.-I^90W10400wVlu 11110;i;u 1001il lrMiblw� � asluu�ti6dib' 0011011001101010001 001101110 ole 0,00,010, 100010100 0000001 1111001001 0001011101010 400000 010000 0,11101010110 ii0111100110101 01111 111111111,11,u1 00101111101111000,0010000001 0 J :welrte. 40,01011, \ 1111111110u I�I•lar'1?;' qu ���rJI+JIIIIIVuur, 0,6 EXHIBIT B Preliminary Project Costs by Jurisdiction 2/5/2019 Page 94 of 131 Exhibit B 28E Agreement Cost Estimate City of Cedar Falls & City of Waterloo University Avenue Reconstruction - Phase 2 Project Number #933 Midway Drive April 12, 2018 Total QUANTITY SUBTOTAL 0 o O CO EA 0 0 W M N O CO O N ,- CO EA $ 55,165.00 17,875.00 1,665.00 10,800.00 2,800.00 0 N EO 07 15,000.00 3 4,000.00 0 0 0 h 60 N CO O,- ,- $ 148,280.00 $ 14,350.00 $ 16,560.00 $ 10,105.00 150.00 $ 9,750.00 105.00 $ 3,570.00 $ 41,020.00 $ 1,905.00 0 O N 69 12,000.00 1,400.00 7,000.00 i 230,000.00 $ 450.00 0 0 0 0 0 0 O N M EA CO 0 0 0 O M E9 $ 200.00 $ 130.00 $ 621 .00 $ 300.00 $ 12,320.00 $ 5,600.00 $ 806,606.00 $ 161,321.20 TOTAL ESTIMATED CHANGE ORDER 1 $ 252,650.40 1 $ 11,952.00 1 $ 703,324.80 1 $ 967,927.20 *Please note this is a Preliminary Estimate and not an all inclusive list of bid items. eo O O LO ,- N ,- M ,- O O O O V of ,- O 742.00 9 70 70 O O O CO N 460.00 9 3370.00 410.00 360.00 235.00 0000 W 240.00 2190.00 5015.00 5015.00 1.00 5860.00 317.50 400.00 01'0 100.00 100.00 2.00 20.00 2.00 34.50 10.00 112.00 112.00 Waterloo QUANTITY SUBTOTAL $ 4,000.00 O O O O O O O O N V N W N CO CO $ 46,200.00 15,675.00 990.00 O O O O O N OO 0) 0 Ol NN 6 O O) $ 12,500.00 $ 2,000.00 O O 03 0 O O co O O $ 133,540.00 $ 11,725.00 O O O o co (O 0 O O 95.00 $ 6,175.00 50.00 $ 1,700.00 $ 32,200.00 $ 1,200.00 00'000'01 $ O O O O •^ •^ $ 3,500.00 $ 115,000.00 O O O O CO . EA EA EA O 0 O O 6 O O ,- CO- u3 $ 324.00 $ 180.00 O O O O O O O O 00 0 W 7f 03 03 $ 586,104.00 $ 117,220.80 70 70 0 0 o 6 o o N EA GS 0 0 o O o] E9 O r 5 1.00 E9 O 6 N 3035.00 335.00 EA CO O O O O oo CO N 0.50 9 0.50 0.50 O o o 0- 1850.00 4200.00 4200.00 o O 4600.00 200.00 O O O N O O 0 0 O O ,- 0 0 of 6 .- 0 0 O O EA EA Cedar Falls Utilities QUANTITY SUBTOTAL .... O O O 0 a N $ 2,500.00 $ 2,000.00 . . EA H3. .u3 u; u; u; E9 - ;O $ 9,960.00 $ 1,992.00 .... . 0 N Cr 1.90 1.90 .......... EP) EP) EP) EP) Cedar Falls QUANTITY 1 SUBTOTAL 0 0 o O N CO $ 4,080.00 $ 1,630.00 0 0 In co o W CO $ 2,200.00 $ 675.00 0 0 o 0 mo (O 0'J $ 2,500.00 rno N O $ 14,740.00 $ 2,625.00 1,075 00 55 $ 3,575.00 55 $ 1,870.00 $ 8,820.00 $ 705.00 O O GS $ 6,000.00 $ 1,400.00 3,500.00 3 115,000.00 $ 90.00 0 0 0 0 0 0 LO 0, EA . $ 300.00 $ 100.00 $ 65.00 $ 297.00 $ 120.00 0 0 0 N o LO EO CO u3 03 $ 210,542.00 $ 42,108.40 40.00 45.00 . C0 E9 EA EA E9 N,- 335.00 75 0.5 8 0 0 <0 N W 0• 0 O q LO o , 0,1 ,- N 0 0ONNO00 N O p V M M UNIT PRICE $ 25.00 00 0 O0O N N < CO EA 0 < EA 55.00 15.00 O O O O O O ,- O N O O OO co .- 2,500.00 3 2,000.00 O O O En EA SY $ 42.00 44.00 35.00 46.00 43.00 SY $ 65.00 SF $ 34.00 $ 7.00 $ 6.00 $ 50.00 12,000.00 175.00 7,000.00 i 230,000.00 O O N 69 $ 3.00 $ 0.50 $ 150.00 O O 6 ,- o.- 00 63 O O of O co 63 69- 3w $ 110.00 $ 50.00 SUBTOTAL CONTINGENCY (20%) Ll - EA GS Q E9 LI Q LL> Yu 9 Q 99 Y 00u)co Q YuLL EYn LL 0J Q J Q w Q JwCO LLQNQ NN ITEM DESCRIPTION DIVISION 2 - EXCAVATION AND GRADING [TOPSOIL, CONTRACTOR FURNISH EXCAVATION, CLASS 10, ROADWAY & BORROW SUBGRADE PREPARATION, 12 IN. MODIFIED SUBBASE STORM SEWER, TRENCHED, RCP, CLASS III, 15 IN. REMOVAL STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN. SUBDRAIN, HDPE, CASE B, 6 IN. SUBDRAIN, CONNECTION TO INTAKE OR STORM SEWER PURTENANCES (WATER MAIN, TRENCHED, DUCTILE IRON PIPE, 12 IN. VALVE, GATE, 12 IN. CONNECTION TO EXISTING WATER MAIN NITARY AND STORM SEWER MANHOLE, STORM SEWER, SW -401, 48 IN. D WORK (PAVEMENT, PCC, CLASS C, 8.5 IN. PAVEMENT, PCC, CLASS C, 10 IN. CURB AND GUTTER, PCC, VARIABLE WIDTH SHARED USE PATH, PCC, 6 IN. SIDEWALK, PCC, 5 IN. SIDEWALK RAMP, PCC, 6 IN. DETECTABLE WARNINGS REMOVAL, ROADWAY PAVEMENT SAWCUT [TEMPORARY PAVEMENT D TRAFFIC CONTROL TEMPORARY TRAFFIC SIGNALS (MIDWAY DRIVE) TEMPORARY BUSINESS ACCESS SIGN REMOVAL OF TRAFFIC SIGNALIZATION (MIDWAY DRIVE) TRAFFIC SIGNAL (MIDWAY DRIVE) DIVISION 9 - SITE WORK AND LANDSCAPING 9.01 I (HYDRAULIC SEE, FERT. & MULCH, TYPE 1 (PERM. LAWN MIXTURE) SILT FENCE SILT FENCE, REMOVAL 9.11 1 (INLET PROTECTION DEVICE DIVISION 12 - SIGNS AND PAVEMENT MARKINGS POSTS FOR SIGNS, STEEL /�MCHOR POST, STEEL TYPE A SIGNS PAINTED PAVEMENT MARKINGS, WATERBORNE REMOVABLE TAPE MARKINGS, WET RETROFLECTIVE PAVEMENT MARKINGS REMOVED ITEM CODE 1 DIVISION 4 - SEWERS AND DRAINS DIVISION 5 - WATER MAIN AND AP 5.03 ,c-pf In DIVISION 6 - STRUCTURES FOR SA 6.02 1 DIVISION 7 - STREETS AND RELATE 7.01 7.20 DIVISION 8 - TRAFFIC SIGNALS AN 0 0^ n n CO n n 0 0 n n CO 00 n n p 0 of fA OO m0 m W N co O O .-.- P O O p N N 2 o 00 O p N N Page 95 of 131 CITY OF WATERLOO Council Communication Amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks. City Council Meeting: 2/11/2019 Prepared: 1/30/2019 REVIEWERS: Department Reviewer Action Date P limning & Zona: Schroede r, .ric .Approved 11/30/201. 9 - 1.0:42 AM Cork (.)nt'ice p^"v n t:.eA.nn App roved p/30/201.9.... 10:43 AM ATTACHMENTS: Description Type Zoning Ordpuua:n .ce i:. roprosect Amendment fon i nrewo lk; pp:3;a�;p<:<.r u Vpaa:�,u ii np Sales 1...18...19 i SUBJECT: Motion to receive, file, consider and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, regulating the sale of fireworks. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the Ordinance. 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. Page 96 of 131 Expenditure Required: none Source of Funds: n/a Policy Issue: Zoning Legal Descriptions: n/a Page 97 of 131 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 98 of 131 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 99 of 131 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 100 of 131 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 101 of 131 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: 2/11/2019 Prepared: 1/30/2019 REVIEWERS: Department Reviewer Action Date Pinning &. Zoning Schroeder, A 011 c Approved. 1/30/2 Y ... 10:43 .AM Clerk Office Even, p:.ehnn Approved 1/30/2019 10:47 A.M ATTACHMENTS: Description Type D Code of Ordinnsannn e :men'ndirnn.ennt Material D P ub1ia; Comment 3ancisnarin Material fma:oii na . p: e rry Corm.: �rup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Motion to receive, file, consider and pass for the second time 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. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted By: Aric Schroeder, City Planner Approval 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. none n/a Code of Ordinances Page 102 of 131 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 103 of 131 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 104 of 131 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 105 of 131 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 106 of 131 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 107 of 131 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 108 of 131 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 109 of 131 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 110 of 131 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 111 of 131 [ Comments: (319) 3988262; todd.dorman@thegazette.com Page 112 of 131 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 113 of 131 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 114 of 131 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 4tn Thank you. G. M. "Jeri" Thornsberry Submitted to City Clerk and to Councilman Ray Feuss, Ward 5, to be read into the record. Page 115 of 131 CITY OF WATERLOO Council Communication An ordinance amending Storm Water User Fees. City Council Meeting: 2/11/2019 Prepared: 1/23/2019 REVIEWERS: Department cup urueeu ng Reviewer Le.Ann ATTACHMENTS: Description D (I ciiiiConan uarunr 1 rol�zosed Ordinance D P uabiue t:: a4uuuuuuc rut SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Action .Approved Type C. over [\�era.o Cover i ci..r o Backup Materi..1 Date 1/23/2pP Motion to receive, file, consider, and pass for the third time 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 Stormwater User Fees. Submitted By: Jamie Knutson, PE, City Engineer Approve Ordinance increasing fees storm water user fees. 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 Stormwater User Fees. See Council Communication attached. Page 116of131 STORM WATER USER FEE INCREASE January 21, 2019 The City of Waterloo adopted its current storm water fees on December 7, 2010. Since then there has not been an increase in the user fees, yet the number of projects that need to be constructed to control storm water have been increasing. See Appendix A for a map of the existing storm water projects. Currently the storm water fee pays for the storm water management program, maintenance of the City's storm sewer system, enforcement of storm water regulations, public education and outreach programs, storm sewer system studies, drainage way assessments, storm water staff, the City's annual IDNR storm water discharge permit and street sweeping. The current user fee is set up to differentiate between residential and commercial properties. Residential users currently pay a fee of $2.75 per dwelling unit/month. A fee reduction of $1.00 per month is available to those households that meet the City of Waterloo's low income guidelines. Commercial, industrial and institutional properties are charged a base fee of $2.75/month plus $2.75/month for each 5,000 square feet of impervious area. Impervious areas include buildings, driveways, sidewalks, parking lots, etc. Table 1.0 below shows how the City of Waterloo's current storm water user fees compares to other cities across the state of Iowa. Storm Water Fee Comparison City Residential Amount Residential Amount Per Month Per Year Davenport $ 2.72 $ 32.64 Waterloo $ 2.75 $ 33.00 Cedar Falls* $ 3.15 $ 37.80 West Des Moines $ 4.25 $ 51.00 Iowa City $ 4.50 $ 54.00 Ames $ 4.95 $ 59.40 Cedar Rapids $ 5.18 $ 62.16 Dubuque $ 6.81 $ 81.72 Des Moines $ 12.68 $ 152.16 Table 1.0 *The City of Cedar Falls just adopted a 5.0% increase each of the next five years to cover increasing storm water compliance costs. Currently listed in the Capital Improvements Plan (CIP) are approximately $30 million dollars in storm water projects that have been identified city-wide. Most of these projects are currently unfunded. Current CIP bonding has held steady at around seven million to eight million dollars Page 1 of 9 Page 117 of 131 per year. Storm water projects have been rated lower in priority than other projects and at the current CIP levels, the storm water projects never rate high enough to be funded. There are numerous possibilities that could be used to determine a rate increase but I will focus on three of them: 1. No increase 2. $1.25/month increase in all service types plus $0.25 increase for all service types for each year for 5 years 3. $3.00/month increase With no increase in the storm water user fee, current obligations such as storm sewer enforcement, maintenance of the storm sewer system, street sweeping and other required operations would continue but there would be very little revenue for construction projects and funding for construction of these projects would need to come from the CIP with an undetermined time frame to complete the projects. With a $1.25/month increase in the storm water user fee along with an increase of $0.25 each year for five years all of the current operations can continue to be funded, inflation would be accounted for and it would allow for the majority of the projects shown in Appendix A to be completed in approximately 20 to 25 years. With a $3.00/month increase in the storm water user fee all of the current operations can continue to be funded, inflation would be accounted for and it would allow for the majority of the projects shown in Appendix A to be completed in approximately 15 to 20 years. This increase would amount to a doubling the current storm water fee. This increase in revenue would be difficult to spend each year as there is only so much construction and so many contractors to complete the work during any given year. Table 2.0 below shows the existing rates for each property type and the proposed rate for 2019: STORM WATER USER FEE RATES Proposed Property Type Current 2019 Undeveloped Property $ - $ - Residential (1.0 ERU) $ 2.75 $ 4.00 Commercial/Industrial (Base) $ 2.75 $ 4.00 Commercial/Industrial (1.0 ERU per 5,000 sf of Impervious Area) $ 2.75 $ 4.00 Table 2.0 Page 2 of 9 Page 118 of 131 Along with the proposed increase for 2019, I am also proposing an increase in the user fee each year for the next 5 years. This is an increase is a $0.25/ month for each property type listed below. Table 3.0 below shows the proposed rates for each property type: STORM WATER USER FEE RATES Property Type 2020 2021 2022 2023 Undeveloped Property $ - $ - $ - $ - Residential (1.0 ERU) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Commercial/Industrial (Base) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Commercial/Industrial (1.0 ERU per 5,000 sf of Impervious Area) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Table 3.0 If the City had installed an automatic rate increase of 3% each year from 2010 to 2019 the current monthly rate would be $3.60 versus the proposed $4.00 monthly rate and a 5% increase each year during that same time frame would result in a current user fee of $4.25 for 2019. Based on raising the fee to $4.00 per month, Waterloo will still be in the bottom one-third of what cities are charging for their storm water fee. If the user fee increase is approved, Appendix B shows the proposed list of storm water projects for the years 2019-2029. These projects would be subject to change based on factors such as property acquisition, economic development opportunities and funding availability. Please note that the projects listed are based on the assumption that after 2023 the storm water user fees continue to increase by $0.25/month until 2029 at which point the fee is projected to remain flat. Appendix C shows how the storm water user fee increase will affect non-residential property owners for 2019. I am asking the council to approve the rates as shown in Table 2.0 effective March 4, 2019 and the rates shown in Table 3.0 to be effective beginning January 1st of each year listed. Page 3 of 9 Page 119 of 131 APPENDIX A EXISTING STORM WATER MAP Page 4 of 9 Page 120 of 131 Ilowrc'+�eve <, hi Mrtmco'wW ND A VriZtr CLNUM POR IMPROVEML4 DETENTION OB$I'. ROX CULVERT IM STORM SEWER OI CHANNEL IMPRO WA I'M1'WL! DRY CREEK vvoalriERsvo APPENDIX B PROPOSED STORM WATER PROJECTS LIST YEARS 2019-2029 Page 6 of 9 Page 122 of 131 Proposed Storm Water Projects and Timeline N O N N N O O O O 500,000.00 $ EA- CD 4 O O O C01, bS O O O CD, O 64 O O O O r 6S 6S O O O O 69 6- 64- CD 9 O O O O O O O O O O O O O O O O kr, O O O 11 Or--- v10 N M M 69 b9 64 64 O O 00 64 O O O O O O O O © vi © © O O O O O O O O O O O O N -1 O O O O O © © © O O O rn O Min O O O O O 9 O © O O © © O O O O © © © ER EH $ 200,000.00 O O O O O ER 0 0 OO 7.5 'F'..) g .O. .O. .O. 5 F N O O p U U U U O Q U U (] ti O O • fJ ,; a) ^ O O O T e a) a) a)0 V Q U U U U 3 3 3 Ca UU U U 7 ] Q U ,8 a.) o 43--,3 J6 O Q U c4 c4 .5 04 04 04 ,a . a Q vTTT Oa, v C/) Uo 011 b o o o o•oo 0P P € o 0 0• to ba bh D, 0 0 0 6 6 ro 33 x x a°o a°o a°n ..5 c o o a s a bil 72 72 -o 72 7 0 C ° 2 B 9 ,° ,° O O O >, >, Q Q Q 'a' 'a' v c4 c4 ix ix rx c v ° ,a ani x x == 6 Q Q Q o 0 0-0 : Q Q Q Q x x U U U z z a a a 0 0 0 'O 'O 'O `•� R R R a. c. 00. r r r r a a a a a a a :� :� :P ' a D D D c� c� v] cn CI cn 7 c Q Q Q Q Q Q >>> 04 04 P,' P. P. P. d d d APPENDIX C NON-RESIDENTIAL STORM WATER EXAMPLES Page 8 of 9 Page 124 of 131 Storm Water Examples Current Current Current Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 20,000.00 5,000.00 $ 2.75 $ 13.75 $ 165.00 50,000.00 5,000.00 $ 2.75 $ 30.25 $ 363.00 100,000.00 5,000.00 $ 2.75 $ 57.75 $ 693.00 Proposed 2019 Proposed 2019 Proposed 2019 Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 20,000.00 5,000.00 $ 4.00 $ 20.00 $ 240.00 50,000.00 5,000.00 $ 4.00 $ 44.00 $ 528.00 100,000.00 5,000.00 $ 4.00 $ 84.00 $ 1,008.00 Proposed 2019 Commercial Area (sf) Total Increase 20,000.00 $ 75.00 50,000.00 $ 165.00 100,000.00 $ 315.00 Large Site Example Current Current Current Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 10,000,000.00 5,000.00 $ 2.75 $ 5,502.75 $ 66,033.00 Proposed 2019 Proposed 2019 Proposed 2019 Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 10,000,000.00 5,000.00 $ 4.00 $ 8,002.75 $ 96,033.00 Proposed Increase $ 30,000.00 Page 9 of 9 Page 125 of 131 ORDINANCE NO. AN ORDINANCE AMENDING STORM WATER USER FEES PURSUANT TO SECTION 8-4-7 OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: C. Except as noted herein or in Chapter 4, Title 8 of the Code of Ordinances, each customer whose property lies within the corporate limits of the city shall pay to the city, through its collection agent, at the same time payment of city water, sewer and garbage services is made, the following user fees, regardless of the amount of water consumption by such customer: 1. Undeveloped Property: Zero dollars ($0.00) per month. 2. Residential: $4.00 per month per dwelling unit. 3. Commercial/Industrial: $4.00 base, plus $4.00 per ERU per month. D. The fees stated above will become effective with bills issued after July 1, 2019. E. July l st increase by 25 cents for each year after until 2023. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 20_, and approved by the Mayor on the day of , 20_. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Ordinance No. 4981 Page 2 CERTIFICATE I, Kelley Felchle, City Clerk, of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4981, as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 20 . 20 . Witness my hand and seal of office this day of , SEAL Kelley Felchle, City Clerk 2902 Roland Avenue Waterloo, Iowa 50702 Waterloo City Council 715 Mulberry Street Waterloo, Iowa 50701 Dear Council members; This note is about the storm sewer rates and the entire project, but first 1 want to commend you for standing up and doing you jobs without using some unelected, unaccountable and unknown body like the DNR or the EPA to use as a cover for any hard decisions that maybe unpopular. So thanks and I wish you well. Here are my thoughts, comments, and questions. Any increase in taxes, fees or rates seem like a punishment. No citizen is responsible for the large amount of rain we had last year. A flood wall was built in the 1970's to protect Waterloo from flooding and yet when up river on the Cedar River much rain falls and we get flooded and the flooding gets worse all along the Cedar River to the Mississippi River. Getting rid of the water fast is the problem, not the solution. More development is the problem not the solution. \Youlid more places to store the water and drtain off slowly be better? Will more holding ponds, wet lands and dredging out existing ponds, lakes and streams help? I know this can make some land lose value and there are other issues that need to be considered, ah if it were only easy. Again I want to thank you for standing up with courage to do your job and I pray for wisdom to do it well. Tom Brasch Page 128 of 131 Page 129 of 131 CITY OF WATERLOO Council Communication February 12, 2019, 5:00 p.m. Work Session, Harold E. Getty Council Chambers City Council Meeting: 2/11/2019 Prepared: REVIEWERS: Department Reviewer Action D ate (.'pent' Office F elchle, t(eliey Approved 2/8/20 19 ... papod"/ AM Submitted by: Submitted By: Page 130 of 131 CITY OF WATERLOO Council Communication February 13, 2019, 4:30 p.m. Work Session, Harold E. Getty Council Chambers City Council Meeting: 2/11/2019 Prepared: REVIEWERS: Department Reviewer Action D ate (.'pent' Office F elchle, t(eliey Approved 2/8/2019 26 AM Submitted by: Submitted By: Page 131 of 131