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Council Packet - 5/13/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY CO UNCIL CHAMBERS Monday, May 13, 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 C ity' 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 department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 210 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Rudy Jones, Community Development Director Agenda, as proposed or amended. Minutes of May 6, 2019, Special Session, as proposed. Minutes of May 6, 2019, Regular Session, as proposed. Proclamation declaring summer 2019 as Waterloo Bucks Summer. 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 105.7 KOKZ to hold its 38th Annual 4th Street Cruise on Saturday, May 25, 2019 from noon until 4:00 p.m. in the downtown area with the 700 block of Mulberry Street being blocked off from 8:00 a.m. until noon and 4th Street to be cleared of traffic by 11:20 a.m. Submitted By: Matt McGeough, Police Captain 3. Resolution approving the request of SingleSpeed Brewing Company, in cooperation with Main Street Waterloo, Experience Waterloo and Shazam Racing, to hold the SingleSpeed Beer Mile race on June 8, 2019, beginning at 4:00 p.m., with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets, as well as closure of the SingleSpeed Brewing Company parking lot located at 325 Commercial Street. Submitted By: Matt McGeough, Police Captain 4. Resolution setting date of public hearing as June 17, 2019 to review an application for a State Revolving Fund (SRF) loan and to make available to the public the contents of an environmental information document and the City's Project Plan, and authorize City Clerk to publish notice of said hearing. Page 2 of 210 Submitted By: Jamie Knutson, PE, City Engineer 5. Resolution setting a date of public hearing as June 3, 2019 for the approval of a Development Agreement and Minimum Assessment Agreement and authorizing the sale and conveyance of property to SFN Real Estate, LLC, for $1.00, for the development of two data centers located southeast of 1414 Commercial Street, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving specifications, form of contract, etc. and setting the date of bid opening as May 23, 2019, and date of public hearing as May 28, 2019, in conjunction with the Riverloop Public Market Fire Suppression Project, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Chris Youngblut, Director of Technology and Ben Wagner, Draftsperson Class/Meeting: 2019 ESRI GIS User Conference Destination: San Diego, CA Dates: July 8-11, 2019 Amount not to exceed: $3,310 2. LIQUOR LICENSES a. Casey's General Store #2867, 2424 Ranchero Road *Adding Liquor* Class: B Wine / C Beer / E Liquor New Application Includes Sunday Expiration Date: 6/14/2020 3. APPOINTMENTS a. Susan Price Board/Commission: Historical Preservation Expiration Date: May 13, 2022 New Appointment b. Thomas E. Wall Board/Commission: Waterloo Water Works Board of Trustees Expiration Date: May 13, 2025 New Appointment c. Mark Tink Board/Commission: Plumbing Board Expiration Date: May 13, 2022 Re -Appointment d. James Buchholz Board/Commission: Human Rights Expiration Date: May 13, 2022 New Appointment Page 3 of 210 e. Matt Gibbons Board/Commission: Human Rights Expiration Date: May 13, 2022 New Appointment f. Nichole Mlodzik Board/Commission: Human Rights Expiration Date: May 13, 2022 New Appointment 4. Bonds PUBLIC HEARINGS 2. General Obligation Bonds - GCP 3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. Resolution ratifying, confirming and approving filing and 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 instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds. Submitted By: Michelle Weidner, Chief Financial Officer RESOLUTIONS 3. Resolution approving a Professional Services Agreement with Digitech Computer, Inc. of Chappaqua, New York, in conjunction with ambulance billing services, and authorizing the Mayor to execute said document. Submitted By: Pat Treloar, Fire Chief 4. Resolution approving an agreement with Radio Communications of Waterloo, Iowa, in the amount of $68,455.89, in conjunction with the purchase and installation of a security camera system at the East Park Avenue Parking Ramp, and authorizing the Mayor to execute said document. Submitted By: Chris Youngblut, Director of Technology and Mark Boesen, Facilities Manager 5. Resolution approving a lease agreement with C & S Car Company for a 2019 Subaru Outback, VIN #4S4BSAHC0K3348336, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. Submitted By: Dave Mohlis, Police Captain 6. Resolution approving renewal of contract with Delta Dental of Iowa, in the amount of $4.61 per contract for administration of the Employee Dental Care Benefit Plan from July 1, 2019 through June 30, 2020, and authorizing the Human Resources Director to execute said document. Submitted By: Lance Dunn, Human Resources Director Page 4 of 210 7. Resolution approving renewal of contract with National Insurance Services for administration of the Employee Life and Long Term Disability Benefit Plan from July 1, 2019 through June 30, 2020, and authorizing the Human Resources Director to execute said document. Submitted By: Lance Dunn, Human Resources Director 8. Resolution approving renewal of contract with Wellmark Blue Cross Blue Shield of Iowa for administration of the Employee Health Care and Prescription Plan from July 1, 2019 through June 30, 2020, including administrative fees and stop loss insurance in the amount of $1,465,776, and authorizing the Human Resources Director to execute said document. Submitted By: Lance Dunn, Human Resources Director 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $226,066, for the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and receive and file two (2) year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC of Dunkerton, Iowa, at a total cost of $42,677.75, in conjunction with the FY 2019 Levee Rip Rap Spraying, Contract No. 961, and approval of Final Quantity Adjustment for a net decrease of $2,239.25, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 11. Resolution approving a Traffic Safety Grant with the Iowa Department of Transportation, in the amount of $5,000, to hold a Zero Fatality (vision zero) Workshop, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 12. Resolution approving agreement with the Iowa Department of Transportation for a Traffic Safety Improvement Grant to improve intersection of Greyhound Drive and Ridgeway Avenue, in the amount of $310,000, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 13. Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in the amount of $80,000, to provide design services for the Preliminary Design Bio-Gas Project, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Director 14. Resolution approving Supplemental Agreement No. 2 with AECOM, Inc. of Waterloo, Iowa, in the amount of $97,500, in conjunction with Satellite Raw Wastewater Wet Well Rehabilitation Supplemental Agreement No. 3, and authorizing the Mayor to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Director Page 5 of 210 15. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition. Submitted By: Noel Anderson, Community Planning & Development Director 16. Resolution approving a Development Agreement and Minimum Assessment Agreement with Twin Trees, LLC, for the redevelopment of a commercial building located at 402- 404 E. 4th Street, with a tax rebate amount of 100% for a term of six years, with a minimum assessment of $1,196,420, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 17. Resolution approving the Partial Termination of a Development Agreement with AMA Real Estate, LLC, approved by Council November 23, 2015, and filed December 8, 2015 as Doc. No. 2016-10441, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 18. Resolution approving the 2019 Farm Lease Agreement with J&J Hoffman Farm, LLC, to farm approximately 16.52 acres of land, generally located southeast of the John Deere Tractor Works and northeast of 4455 Remington Road (Twin City Hide), in the amount of $201.27 per acre for a total of $3,325 per year, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 19. Resolution approving four-year Collective Bargaining Agreement with AFSCME Local 1195 Planners and Engineers; AFSCME Local 1195 Police Lieutenants & Code Enforcement Officers; Teamsters Local 238; Municipal Employees Local Union No.177; Communication Workers of America; Waterloo Police Protective Association and International Association of Fire Fighters Local No. 66, and authorize the Mayor and Human Resources Director to execute said documents. Submitted By: Lance Dunn, Human Resources Director ORDINANCES 20. Request by Darci Lenehan for a site plan amendment to the "M-2,P" Planned Industrial District for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road. Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Darci Lenehan for a site plan amendment to the "M-2,P" Planned Industrial District, for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Page 6 of 210 Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:20 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 7 of 210 CITY OF WATERLOO Council Communication Minutes of May 6, 2019, Special Session, as proposed. City Council Meeting: 5/13/2019 Prepared: REVIEWERS: Department Reviewer v C er:° �: 0 lac I 1 mg b, N ancy Action Approved ATTACHMENTS: Description Type mutes of 5/ / c ss ion. 113 ckup ..a-erial Submitted by: Submitted By: Date / )/20 ,,,,,,, : =: Page 8 of 210 SPECIAL SESSION MINUTES May 6, 2019 4:40 p.m. Harold E. Getty Council Chambers The Council of the City of Waterloo, Iowa, met in Special Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 4:40 p.m., on Monday, May 6, 2019. Mayor Pro Tem Sharon Juon in the Chair. Members present: Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Mr. Jacobs arrived at 5:07 p.m. 146172 - Schmitt/Amos That the Agenda, as proposed, be approved. Voice -vote Ayes: Six. Motion carried. Ms. Juon explained the council business is a hearing to appeal the decision of Waterloo Animal Control to deem a dog dangerous. Dave Zellhoefer, City Attorney, presented evidence on behalf of the City of Waterloo. Sandie Greco, Brian Bosen, and Sonya Snapp presented testimony regarding three bites that occurred. Mrs. Juon asked what the subsequent action is after deeming a dog dangerous. Sandie Greco explained that in accordance with the city ordinance, the dog will be destroyed. Mr. Morrissey asked the breed of the animal and how long have the Moschke's owned the dog. Dave Zellhoefer explained that the dog is a tan male pit bull approximately 5 years old. Mrs. Klein asked if the dog is licensed with the city. Dave Zellhoefer confirmed. Mr. Morrissey asked if the city becomes aware of this, especially on a repeated basis, must the victim request the citation or can the city not pursue that independently. Dave Zellhoefer explained the city can issue a citation, but the victim must be willing to testify. Cherish Moschke, 1644 Oakwood Drive, presented a letter on behalf of Simon from the manager of Paw Prints Salon where the dog is currently being boarded. She explained they adopted the dog, which actually belongs to her daughter, from the Cedar Valley Humane Society approximately 3 to 4 years. Mrs. Moschke provided an explanation of how each of the incidents occurred and why she believed the dog was simply protecting her family. Mrs. Juon asked if during the time the dog was boarded at Paw Prints was it isolated or exposed to other dogs or adults. Mrs. Moschke confirmed that most of the time the animals are isolated in their own kennels, but that he was exposed to several adults that run the business, and also had to pass by other dogs when it was let out to go outdoors. There were no incidents there. Mrs. Juon asked about other incidents where the dog exhibited aggression towards other animals or other human beings. Mrs. Moschke explained there has been no aggression toward other animals, but recounted an incident where he did bite another person approximately one year prior to these bites, when the dog was living with her daughter. Page 9 of 210 Page 2 Mr. Morrissey asked if Mrs. Moschke received the definition of a dangerous animal and if she believes her dog fits the description. Mrs. Moschke explained she received a two page document from the Clerk's office and she does not believe the dog meets the definition then asked if the definition could be read to her. Mr. Morrissey read the definition of a dangerous dog from the city code or ordinances. Mrs. Moschke stated she does not believe he fits the description because she does not believe the act of the dog was unprovoked. There was a reason for him to bite and that was that he was protecting the kids and grandkids. Carrie Moschke explained that Simon is well behaved while on walks, at home with the cats but is very protective when the children are around. Mr. Morrissey asked what options for the dog are, if council should affirm it should be deemed dangerous and if the council could suggest options. Sandie Greco explained that according to the city ordinance there are no options, and the dog will be destroyed humanely. Mr. Amos commented that before making the motion, he wants to say that when a dog in the community is biting, it is his concern that while the dog is being protective, it still has the opportunity to do the things that it is doing. 146173 - Amos/Klein To affirm the decision of Waterloo Animal Control to deem Simon, owned by Cherish Moschke, a dangerous dog. Roll call vote -Ayes: Seven. Motion carried. Mr. Feuss commented that he agrees with Mr. Amos, and though it is a very tough decision, when there is a dog that is being protective, one more time could do much worse. 146174 - Schmitt/Amos that the meeting be adjourned at 5:12 p.m. Voice -vote Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 10 of 210 CITY OF WATERLOO Council Communication Minutes of May 6, 2019, Regular Session, as proposed. City Council Meeting: 5/13/2019 Prepared: REVIEWERS: Department Reviewer Clerk Office ice I igby, y Action Date Approve S/ // ATTACHMENTS: Description Type nutc s of 5/ /19 e � mrm ession 13 ckup .. a rial Submitted by: Submitted By: Page 11 of 210 May 6, 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, May 6, 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: Ray Feuss, Ward 5 Council Member 146175 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, May, 6, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146176 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 22, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring week of May 11-18, 2019 as National Police Week and May 15, 2019 as Peace Officer's Memorial Day. Proclamation declaring May 11, 2019 as Letter Carriers' Food Drive Day. Proclamation declaring Month of May as Older Americans Month. Proclamation declaring May 11, 2019 as National Migratory Bird Day. Proclamation declaring May 6-11, 2019 as National Economic Development Week. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, addressed several items: questioned the use of $45,000 of forfeiture funds and commented on several consent agenda items that appeared to be purchases of property in TIF. He commented that the city should not purchase new property but should sell property it currently owns for development. He questioned when a public meeting will occur for Ridgeway Avenue traffic changes. He questioned when the All -In Grocery project will start. Mr. Morrissey commented that on May 9th the Historic Preservation Awards will be held at 6:00 p.m. at the Grout Museum. He stated that there continues to be concerns from the public about the recycle locations and that city staff need to hold the contractor accountable for dumping the containers regularly and holding violating citizens accountable. He stated that tomorrow another Honor Flight is occurring and thanked donors for making the Honor Flight possible. Mrs. Klein commented that she attended two plays last week. One was at the Center for the Arts and a second was at Columbus High School. The Columbus Robotics Team made it to nationals as well. 146177 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146178 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated May 6, 2019, in the amount of $3,704,522.89, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Page 12 of 210 May 6, 2019 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2019-279. 2. Resolution approving Variance to Noise Ordinance request from the VFW for a 90th Anniversary Celebration to be held at 1406 Commercial Street on June 15, 2019 from 7:00 p.m. to 11:00 p.m., including live music and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2019-280. 3. Resolution approving Variance to Noise Ordinance request of the Screaming Eagle American Bar & Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between May 13, 2019 and October 31, 2019 from 5:00 p.m. to 11:00 p.m., with use of city barricades, including a band and the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2019-281. 4. Resolution approving request of Memorial Day Board to hold a Memorial Day Parade on May 28, 2019 from 8:45 a.m. to 11:45 a.m. with an honor guard salute and a parade route utilizing Commercial, 5th, Park Avenue and Mulberry Streets, including use of barricades. Resolution adopted and upon approval by Mayor assigned No. 2019-282. 5. Resolution approving request of Roberto Garcia for a waiver for a concrete driveway located at 508 Holm Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2019-283. 6. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $40,000, for the acquisition of real property generally located in the East Waterloo Unified Urban Renewal area. Resolution adopted and upon approval by Mayor assigned No. 2019-284. 7. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $3,000, for platting and surveying services in the MidPort area. Resolution adopted and upon approval by Mayor assigned No. 2019-285. 8. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $3,700, for land surveying services in the MidPort area. Resolution adopted and upon approval by Mayor assigned No. 2019-286. 9. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $12,500, for floodplain analysis services in the MidPort area. Resolution adopted and upon approval by Mayor assigned No. 2019-287. 10. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $50,000, for economic development marketing. Resolution adopted and upon approval by Mayor assigned No. 2019-288. 11. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $3,000, for property acquisition generally located in the East Waterloo Unified Urban Renewal Tax Increment Financing District. Resolution adopted and upon approval by Mayor assigned No. 2019-289. Page 13 of 210 May 6, 2019 Page 3 12. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $22,130, for a rail yard public safety improvement study in the Logan area. Resolution adopted and upon approval by Mayor assigned No. 2019-290. 13. Resolution approving use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $110,000, for historic tax credit financing consulting services for the KWWL project. Resolution adopted and upon approval by Mayor assigned No. 2019-291. 14. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $35,000, for property acquisition located generally in the Rath Urban Renewal District. Resolution adopted and upon approval by Mayor assigned No. 2019-292. 15. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $290,000, for property acquisition generally located in the Northeast Industrial Site area. Resolution adopted and upon approval by Mayor assigned No. 2019-293. 16. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $18,700, for land surveying and wetlands delineation services in the Northeast Industrial Site area. Resolution adopted and upon approval by Mayor assigned No. 2019-294. 17. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $43,000, to obtain sanitary sewer easements for the Brock 3rd Addition sewer construction project. Resolution adopted and upon approval by Mayor assigned No. 2019-295. 18. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $300,000, for a grant to Cedar Valley Real Estate, LLC for the 300 304 Commercial Street project. 19. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $2,000, for additional design and consulting required for the Brock 2nd sanitary sewer construction project. Resolution adopted and upon approval by Mayor assigned No. 2019-296. 20. Resolution setting date of public hearing as May 20, 2019 for an amendment to the FYE 2019 Budget, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-297. 21. Resolution setting a date of public hearing as May 20, 2019 to support, approve and authorize submittal of the nomination of the Walnut Neighborhood to the National Register of Historic Places. Resolution adopted and upon approval by Mayor assigned No. 2019-298. 22. Resolution approving the request of Shane and Karen See for tax exemptions on the construction of a new single family home valued at $315,500 for property located at 1280 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-299. Page 14 of 210 May 6, 2019 Page 4 23. Resolution approving the request of Carleisa McGhee for tax exemptions on the construction of a new single family home valued at $170,000, for property located at 4005 Sarah Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-300. 24. Resolution approving the request of Lee Dallenbach Betsinger for tax exemptions on the construction of a new single family home valued at $349,900 for property located at 1632 Blue Wing Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-301. 25. Resolution approving the request of Jeff and Patricia Swartzendruber for tax exemptions on the construction of a new single family home valued at $320,000 for property located at 1248 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-302. 26. Resolution approving the request of Robert Fischek for tax exemptions on the construction of a new commercial building valued at $70,000 for a property located at 444 Edison Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-303. 27. Resolution approving the request of Gene and Mona Storm for tax exemptions on the construction of home improvements valued at $66,643.50 for a property located at 1022 Short Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-304. 28. Resolution approving the request of Amy Vaune for tax exemptions on the construction of a new single family home valued at $250,000 for a property located at 1314 Midland Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-305. 29. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as May 23, 2019 and date of public hearing as May 28, 2019, in conjunction with demolition services at: 1107 Commercial Street, 919-925 Commercial Street, 613 W. 7th Street, and instructing City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-306. 30. Resolution approving preliminary plans, specifications, bid documents, etc., setting a date of bid opening as May 16, 2019 and date of public hearing as May 20, 2019, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-307. 31. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as May 23, 2019 and date of public hearing as May 28, 2019, in conjunction with FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-308. 32. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as May 30, 2019 and date of public hearing as June 3, 2019, in conjunction with the FY 2019 Jefferson and Commercial Streetscape Improvements, Contract No. 976, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-309. Page 15 of 210 May 6, 2019 Page 5 1. 2. b. Motion to approve the following: a. b. c. d. e. f. a. b. c. d. e. f. g. h. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Abraham Funchess, Executive Director; Rebecca Johnson, HR Specialist; Shelly Burch, Adm. Secretary Equal Employment Opportunity Commission/Federal Employment Partnership Agency Conference San Diego, CA June 17-21, 2019 $5,685 Sgt. Gehrke Covert Track Training Aurora, IL May 1-2, 2019 $373 Keith Kaspari, Airport Director (AMENDED) Spring 2019, Meeting of the Iowa Public Airports Association Sioux City, IA April 16-18, 2019 $405.76 Steve Hoambrecker, Waste Management Service Director Iowa Water Environment Association Annual Conference Altoona, IA June 4-6, 2019 $680 Tina Schellhom, Electrical Foreman and Kelby Haynes, Electrician Mobile Crane Operator Certification and Examination Class Ankeny, IA June 10-14, 2019 $2,990 Mayor Quentin Hart and Michelle Weidner, CFO Meet with Moody's Investor Services Chicago, IL May 9-10, 2019 $1,065 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Basal Pizza, 225 W. 4th St. C Liquor w/Outdoor Service Renewal 4/30/2020 Hickory House, 315 Park Rd. C Liquor Renewal 5/23/2020 The Isle Casino Hotel Waterloo, 777 Isle of Capri Blvd. B Liquor / B Wine w/Outdoor Service Renewal 4/30/2020 x Jim Lind Standard Service, 230 E. Ridgeway Ave. C Beer Renewal 4/6/2020 x Lost Island Waterpark *6 month* B Native Wine / Special C Liquor w/Outdoor Service New 10/14/2019 x New Star Liquor, 315 Fletcher Ave. B Wine / C Beer / E Liquor Renewal 1/30/2020 x Smitty's Bar, 709 Jefferson St. C Liquor w/Outdoor Service Renewal 5/26/2020 x Sunnyside Country Club, 1600 Olylmpic Dr. A Liquor w/Outdoor Service Renewal 4/13/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Chatara Mabry Human Rights May 6, 2022 Re -Appointment 4. Bonds. Mr. Morrissey requested that item 1.A.18 be removed for discussion. Page 16 of 210 May 6, 2019 Page 6 Roll call vote -Ayes: Seven. Motion carried. 146179 - Morrissey/Amos Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $300,000, for a grant to Cedar Valley Real Estate, LLC for the 300- 304 Commercial Street project. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-310. Mr. Morrissey requested information about Cedar Valley Real Estate, LLC, the project and the $300,000 price tag. Noel Anderson, Community Planning & Development Director, provided an overview of the development agreement that had been approved a couple of months ago which is for the historic renovation of the Frito Bakery building, which will be a combination of commercial and residential spaces. Mr. Schmitt asked if this was an additional $300,000. Noel Anderson explained it is not. PUBLIC HEARINGS 146180 - Schmitt/Amos that proof of publication of notice of public hearing on request by Stefanie Hartel for a site plan amendment to the "M-2, P" Planned Industrial District for the construction of a 9,792 square foot dog daycare facility, located south of 3289 Airport Boulevard, as published in the Waterloo Courier on April 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. Stefanie Hartel introduced herself and explained that this is an upscale dog daycare franchise providing cage free care and boarding facilities as well as grooming and obedience training. She commented that she is happy to be bringing this service to the City of Waterloo, and is also looking forward to supporting the Waterloo Airport by proving boarding services for travelers. 146181 - Schmitt/Amos that the hearing be closed and oral comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146182 - 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, to approve a request by the Stefanie Hartel for a site plan amendment to the "M-2, P" Planned Industrial District for the construction of a 9,792 square foot dog daycare facility, located south of 3289 Airport Boulevard", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146183 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146184 - 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, to approve a request by the Page 17 of 210 May 6, 2019 Page 7 Stefanie Hartel for a site plan amendment to the "M-2, P" Planned Industrial District for the construction of a 9,792 square foot dog daycare facility, located south of 3289 Airport Boulevard", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5491. 146185 - Morrissey/Feuss that proof of publication of notice of public hearing on request by Black Hawk Contracting & Development to vacate 1 foot 1 inch of a 15 foot storm sewer easement located south of 1019 Vermont Street, as published in the Waterloo Courier on April 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. 146186 - Morrissey/Feuss 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. 146187 - Morrissey/Feuss that "an Ordinance approving a request by Black Hawk Contracting & Development to vacate 1 foot 1 inch of a 15 foot storm sewer easement located south of 1019 Vermont Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson provided an overview of the request and commented that they would like to move forward quickly. 146188 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146189 - Morrissey/Feuss that "an Ordinance approving a request by Black Hawk Contracting & Development to vacate 1 foot 1 inch of a 15 foot storm sewer easement located south of 1019 Vermont Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5492. 146190 - Amos/Morrissey that proof of publication of notice of public hearing on request by Darci Lenehan for a site plan amendment to the "M-2,P" Planned Industrial District for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road, as published in the Waterloo Courier on April 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. 146191 - Amos/Morrissey that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146192 - Amos/Morrissey 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, to approve a request by the Darci Page 18 of 210 May 6, 2019 Page 8 Lenehan for a site plan amendment to the "M-2, P" Planned Industrial District for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson provided an overview of the request. 146193 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. 146194 - Feuss/Morrissey that proof of publication of notice of public hearing on sale and conveyance of property for $1.00 to Prosper Farm Network, LLC, for the development of a truck wash located northeast of 2510 Leversee Road, as published in the Waterloo Courier on April 26, 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. 146195 - Feuss/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146196 - Feuss/Morrissey that "Resolution authorizing the sale and conveyance of a portion of City owned property, generally located northeast of 2510 Leversee Road, to Prosper Farms Network, LLC, in the amount of $1.00, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-311. 146197 - Feuss/Morrissey that "Resolution approving a Development Agreement with Prosper Farms Network, LLC, for the construction of a truck wash and expansion within three (3) years, with an estimated new taxable value of $750,000 for Phase I, with five (5) years at 50% tax rebates for taxable value over $1 million after completion of Phase I and Phase II, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-312. 146198 - Schmitt/Amos that proof of publication of notice of public hearing on sale and conveyance of property in the amount of $1.00 to Koelker Properties, LLC, for the development of three (3) industrial buildings within five (5) years located west of 3070 West Airline Highway, as published in the Waterloo Courier on April 26, 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. 146199 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146200 - Schmitt/Amos Page 19 of 210 May 6, 2019 Page 9 that "Resolution authorizing the sale and conveyance of a portion of City owned property generally located west of 3070 W Airline Highway, to Koelker Properties, LLC, in the amount of $1.00, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mayor Hart questioned if there is any requirement to make designs and landscaping consistent between projects. Noel Anderson provided an overview of design standards and landscaping to create consistency between different developments. Resolution adopted and upon approval by Mayor assigned No. 2019-313. 146201 - Schmitt/Amos that "Resolution approving a Development Agreement with Koelker Properties, LLC, for the construction of three (3) industrial buildings within five (5) years with an estimated new taxable value of $510,000 for Phase I, with five (5) years at 50% tax rebates for Phase II and Phase III, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-314. 146202 - Amos/Feuss that proof of publication of notice of public hearing on Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, and rescinding Resolution No. 2019-237, as published in the Waterloo Courier on April 26, 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. 146203 - Amos/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146204 - Amos/Feuss that "Resolution approving lease agreement with A -Line ALO, LLC for property located 2802-2850 Livingston Lane for the ground lease of 35,000 square feet with a lease rate of $364.58 per month, for a term ending December 31, 2058, and rescinding Resolution No. 2019-237, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-315. 146205 - Morrissey/Amos that proof of publication of notice of public hearing on asbestos abatement services at 2127 E. 4th Street (former St. Mary's Rectory), 1131 Bertch Avenue, 614 W. 7th Street, 623 W. 2nd Street, 322 and 326 Crescent Place, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street, as published in the Waterloo Courier on April 26, 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. 146206 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146207 - Morrissey/Amos Page 20 of 210 May 6, 2019 Page 10 that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if the city had previously taken action to do asbestos abatement at 322 and 326 Crescent Place. Noel Anderson stated that at one time an individual was looking to do rehab on the site but did not move forward with the rehabilitation. Resolution adopted and upon approval by Mayor assigned No. 2019-316. 146208 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-317. 146209 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $82,000.00 Bidder Bid Security Bid Amount McKee Construction and Abatement, LLC 5% $70,373.00 Abatement Specialties, LLC Cedar Rapids, IA 5% $79,339.00 Advanced Environmental Waterloo, IA 5% $69,700.00 Voice vote -Ayes: Seven. Motion carried. 146210 - Morrissey/Amos that "Resolution awarding asbestos abatement bid to Advanced Environmental of Waterloo, IA in the amount of $69,700, and approving the contract, bonds and certificate of insurance, in conjunction with asbestos abatement services at: 2127 E. 4th Street (former St. Mary's Rectory), 1131 Bertch Avenue, 614 W. 7th Street, 623 W. 2nd Street, 322 and 326 Crescent Place, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-318. 146211 - Schmitt/Amos that proof of publication of notice of public hearing on General Obligation Bonds - GCP 2 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on April 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. 146212 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146213 - Schmitt/Amos Page 21 of 210 May 6, 2019 Page 11 that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Six. Nays: One (Morrissey). Motion carried. Mr. Morrissey questioned if the software for Code Enforcement is included in this issuance. Michelle Weidner, Chief Financial Officer, commented that Code Enforcement is part of the sanitation fund and the software will be covered in this fund. Mr. Morrissey commented that it is his understanding that approving these actions during the public hearing is voting to approve the list of projects included in the bond sale. He questioned if there is a way to approve the issuance of the $700,000 without approving all of the projects included in the issuance. Mayor Hart commented that he takes full responsibility for not starting the process earlier so that council is well informed before voting. He also explained that the items listed have been identified by staff as high priorities. Michelle Weidner explained that each project comes back to council to, for example, hire design engineers or to purchase vehicles. She encouraged council to proceed with approving these public hearings to stay on track with the bond issuance. Mr. Morrissey commented that he understands that the projects are staff priorities but at the same time the citizens elect council members and they have complaints that projects that they want to see done are not getting accomplished. The council has been asking for more involvement every year and that each year they are told that things will change. He questioned if the dollar amount can be approved and let the council to submit amendments to the list of projects based on community feedback. Mrs. Klein commented that she would hate to see these department requests parsed out to a political atmosphere and that the staff knows what their department needs. Mr. Jacobs commented that he does not support voting a dollar amount without a project tied to the dollar amount. He further questioned the dollar amount of the bond management fee. Michelle Weidner explained the bond management fee. Mrs. Juon questioned if all of the G.O. Bonds are funding the projects previously approved through CIP. Noel Anderson explained that the CIP document has not been finalized but these numbers are set to match up with recommendations in the CIP per use category. Mrs. Juon questioned if the CIP process comes first. Noel Anderson explained that typically they are done at the same time, or slightly following the bond. Mr. Morrissey commented that citizens are concerned about projects that have a constant delay and expressed frustration that council does not get to set priority for projects. Mayor Hart questioned the council input process for setting the CIP. Noel Anderson commented that meetings with council members occurred to review the CIP and a work session was held on the CIP as well. Mayor Hart questioned if any recommendations were made by council. Noel Anderson stated that there were a few comments received from council and some changes were made. Mrs. Juon requested confirmation that these bond numbers reflect everything in the CIP, which council has already seen, but that the department heads are going to prioritize the funding of it. Noel Anderson confirmed. Page 22 of 210 May 6, 2019 Page 12 Mr. Morrissey commented that he is waiting to have the meeting to discuss and vote on the projects included in the CIP. Mrs. Juon commented that the council members sat down with staff to review the CIP. Mr. Morrissey commented that he remembers having a meeting where they would, at a future, meeting, vote on the CIP. Mrs. Klein commented that she was in a meeting with Mr. Morrissey to review and make edits to the CIP. Mr. Morrissey commented that they only got through two pages of the CIP at the meeting he attended. He stated that at that meeting they discussed submitting amendments and the council would vote on amendments to the CIP. Mr. Jacobs commented that at this time it would be good to make amendments to the list. Resolution adopted and upon approval by Mayor assigned No. 2019-319. 146214 - Amos/Schmitt that proof of publication of notice of public hearing on General Obligation Bonds - GCP 4 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on April 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. John Sherbon, 1715 Robin Road, questioned what the true cost of financing is for the bonds including the fees. Michelle Weidner provided a guestimate of the cost of financing based on the anticipated market valuation that day. David Dryer, 3145 W. 4th Street, questioned how many of the bonds have been paid off and stated that he agrees with Mr. Morrissey in that the CIP process needs to be handled differently. Mayor Hart thanked Mr. Dryer for asking the question and that it was discovered during the budget proceedings that something was missed. He then asked Michelle Weidner to comment on the city's overall debt. Michelle Weidner explained the amount of bonds that have been paid off as of June 2018 and noted that the debt service levy did decline for the FY20 that was just passed, so less tax money is being taken to pay this debt. She also commented on the difficulties in comparing personal debt to debt carried by the city. She further commented that the city is well below the constitutional debt limit that the state allows and believes the city is being fiscally conscious. 146215 - Amos/Schmitt that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146216 - Amos/Schmitt that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey commented that the city has not approved the CIP projects and questioned if there should be an understanding that there is no approved project list, period. Michelle Weidner explained that council has approved categories but this does not mean that council cannot consider making changes. Page 23 of 210 May 6, 2019 Page 13 Mr. Morrissey requested clarification that he could still submit resolutions as agenda items to amend the current CIP projects. Michelle Weidner explained that Mr. Morrissey could submit a request to do so, but depending what the amendment is changing, it could require additional publications and council actions and could not be done through a simple resolution. Mr. Morrissey gave Virden Creek as an example and questioned if monies could be taken from one project and put them on the Virden Creek project and mentioned other projects which have been earmarked in the past, but never completed. Michelle Weidner explained that she would need to discuss such a proposed resolution with the bond attorney's for clarification on what would be required to effect such a change, and suggested discussing any proposed amendments with the affected department heads prior to making a resolution. Mr. Feuss questioned how many of these projects have prior councils approved and how many projects are brand new. Michelle Weidner stated that approximately 200 projects in the CIP are approved by prior councils. Resolution adopted and upon approval by Mayor assigned No. 2019-320. 146217 - Schmitt/Amos that proof of publication of notice of public hearing on General Obligation Bonds - GCP 5 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on April 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. 146218 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146219 - Schmitt/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-321. 146220 - Morrissey/Amos that proof of publication of notice of public hearing on General Obligation Bonds - ECP-UR 6 - The issuance of not to exceed $3,100,000 General Obligation Bonds for essential corporate urban renewal purposes, as published in the Waterloo Courier on April 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. 146221 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146222 - Morrissey/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $3,100,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Page 24 of 210 May 6, 2019 Page 14 Resolution adopted and upon approval by Mayor assigned No. 2019-322. 146223 - Amos/Feuss that proof of publication of notice of public hearing on FY 2020 Complaint Mowing with Complaint Snow Removal Contract, as published in the Waterloo Courier on April 26, 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. 146224 - Amos/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146225 - Amos/Feuss that "Resolution approving plans, specifications, form of contract, etc. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-323. 146226 - Amos/Feuss that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-324.3. 146227 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids. Estimate: $50,000.00 Bidder Bid Security Bid Amount B&B Lawn Care 5% Check C: $95.75 per hr. D: $165 per acre E: $95.75 per hr. Voice vote -Ayes: Seven. Motion carried. 146228 - Amos/Feuss that "Resolution awarding bid to B & B Lawn Care, Inc. of Waterloo, Iowa, Option C: $95.75/per hr., Option D: $165.00/per acre (five (5) acres or larger), and Option E: $95.75/per hr., in conjunction with the FY 2020 Complaint Mowing with Complaint Snow Removal Contract and approving the contract, bonds, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-325. 146229 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2019 Asphalt Overlay Program, Contract No. 964, as published in the Waterloo Courier on April 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. 146230 - Morrissey/Feuss Page 25 of 210 May 6, 2019 Page 15 that the hearing be closed and oral and written comments be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 146231 - Morrissey/Feuss 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. 2019-326. 146232 - Morrissey/Feuss that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-327. 146233 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids. Estimate: $ 3,198,347.42 Bidder Bid Security Bid Amount ASPRO, Inc. 5% Check $3,364,128.31 Voice vote -Ayes: Seven. Motion carried. 146234 - Morrissey/Feuss that "Resolution approving award of contract to Aspro, Inc., of Waterloo, Iowa, in the amount of $3,364,128.31, and approving the contract, bonds and certificate of insurance for the FY 2019 Asphalt Overlay Program, Contract No. 964, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-328. The public hearing for General Obligation Bonds - GCP-3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes has been postponed to May 13, 2019. RESOLUTIONS 146235 - Amos/Morrissey that "Resolution directing the advertisement for sale of $6,790,000 General Obligation Bonds, Series 2019A, setting sale date as May 22, 2019, and approving electronic bidding procedures and distribution of Preliminary Official Statement for the sale", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-329. 146236 - Amos/Morrissey that "Resolution directing the advertisement for sale of $3,210,000 Taxable General Obligation Bonds, Series 2019B, setting sale date as May 22, 2019, and approving electronic bidding procedures and the distribution of the Preliminary Official Statement for the sale", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-330. 146237 - Amos/Morrissey that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $98,500, in conjunction with the FY 2019 Biennial Page 26 of 210 May 6, 2019 Page 16 Bridge Review Program, 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. 2019-331. 146238 - Klein/Schmitt that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $9,900, in conjunction with the FY 2019 Dubuque Road Over Blowers Creek Bridge Repairs, Contract No. 959, 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. 2019-332. 146239 - Klein/Schmitt that "Resolution approving grant application to the Iowa State Fire Marshal Division Local Fire Protection and Emergency Medical Services Grant Program", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-333. 146240 - Klein/Schmitt that "Resolution approving award of bid to Murphy Tractor & Equipment of Waterloo, Iowa, in the amount of $63,990, in conjunction with the purchase of one (1) 2019 John Deere 332G Skid -Steer Loader for the Public Works Division", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-334. 146241 - Klein/Schmitt that "Resolution approving Supplemental Agreement No. 2 with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, in an amount not to exceed $18,000, for additional engineering services in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-335. 146242 - Morrissey/Feuss that "Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with Shive-Hattery Inc., of Cedar Rapids, Iowa, in the amount of $4,572, in conjunction with the City of Waterloo Traffic Control Center Remodel Project, 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. 2019-336. 146243 - Morrissey/Feuss that "Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $17,000, in conjunction with emergency removal and damage assessment of the Digester No. 3 lid, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Todd Obadal, 124 Amity Drive, questioned why a payment is being made when the Digester No. 3 lid was repaired back in 2017 and what are the circumstances regarding the emergency repair that needed to take place. Steve Hoambrecker, Waste Management Director, explained that this has nothing to do with what took place several years ago, this is a result of excessive pressure built up in this Digester when putting Page 27 of 210 May 6, 2019 Page 17 it back in service back in December of 2018, so some follow up work was needed to get it repaired and replaced. Resolution adopted and upon approval by Mayor assigned No. 2019-337. 146244 - Schmitt/Feuss that "Resolution approving a Professional Service Agreement with Ovivo of Salt Lake City, Utah, in the amount of $11,500, in conjunction with the removal of Digester No. 3 lid, 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. 2019-338. 146245 - Schmitt/Feuss that "Resolution approving award of bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $734,330.30, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the schedule of construction. Paul Huting, Leisure Services Director, provided an overview of the work schedule for the project and stated that penalties will be incurred if the project is not completed on time. Resolution adopted and upon approval by Mayor assigned No. 2019-339. OTHER COUNCIL BUSINESS 146246 - Morrissey/Feuss that Change Order No. 2 in the amount of $2,960 to Cardinal Construction of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group Seating Project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. EXECUTIVE SESSION 146247 - Juon/Schmitt that the council adjourn to Executive Session at 7:17 p.m. Roll call vote -Ayes: Seven. Motion carried. 146248 - Morrissey/Juon to adjourn executive session at 7:29 p.m. Roll call vote -Ayes: Seven. Motion carried. ADJOURNMENT 146249 - Morrissey/Juon that the Council adjourn at 7:29 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 28 of 210 CITY OF WATERLOO Council Communication Proclamation declaring summer 2019 as Waterloo Bucks Summer. City Council Meeting: 5/13/2019 Prepared: 1/17/2019 REVIEWERS: Department Reviewer Action Date ayor, 0 .., .ice '!estph al, whelk e Approved d 1/17/2019 ATTACHMENTS: Description Type 0 ][ clamatior rloo BuckSSuni er 2019 Cover Me o Submitted by: Submitted By: Mayor Quentin Hart Page 29 of 210 EAS, AT TIO Waterloo Iowa is a city with a long-standing tradition of baseball and support for the Waterloo Bucks baseball team; and we continue that great tradition by celebrating the 25th season of Waterloo Bucks baseball. and highlighting this year's season is the Northwoods League All -Star Game hosted by the Waterloo ucks on July 16th, an event that is sure to showcase our great city of Waterloo; and the Bucks continue to bring entertainment for all ages to Waterloo. and we commend and thank the team, staff, and the many fans who have been involved with and support Waterloo Bucks baseball. I Quentin Hart, Mayor of the City of Waterloo, Iowa, in celebration of the Waterloo B cks baseball team, do hereby proclaim the summer of 2019 as \RL BUCKS S'iti r in the City of Waterloo and invite alt to experience Waterloo Bucks baseball at Cost Cutters Field at Riverfront Stadium. WIT JEASS LOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 13111 day of May 2019. Kelley Fete City Clerk CITY OF WATERLOO Council Communication Resolution approving the request of 105.7 KOKZ to hold its 38th Annual 4th Street Cruise on Saturday, May 25, 2019 from noon until 4:00 p.m. in the downtown area with the 700 block of Mulberry Street being blocked off from 8:00 a.m. until noon and 4th Street to be cleared of traffic by 11:20 a.m. City Council Meeting: 5/13/2019 Prepared: 5/3/2019 REVIEWERS: Department Police i. epal. era Clerk Office ATTACHMENTS: Description 0 4411 Street Cr .ise SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer mcgeo , gh .i ]f ghy„ N. a th 2019 Action Approved .Approved.. Type Cover Date 5/3/2. 1) ,,,,,,, 4„ :O6 i 5/7/2019 ,,,,,,, 5:19 j: Resolution approving the request of 105.7 KOKZ to hold its 38th Annual 4th Street Cruise on Saturday, May 25, 2019 from noon until 4:00 p.m. in the downtown area with the 700 block of Mulberry Street being blocked off from 8:00 a.m. until noon and 4th Street to be cleared of traffic by 11:20 a.m. Submitted By: Matt McGeough, Police Captain Approve Request This event begins on May 24th at the National Cattle Congress Grounds with a Show and Shine show from 5P M to 9PM. The Cruise will take place on Saturday May, 25th beginning at Noon. The cruise route will utilize Bluff, Park Ave, 4th, 5th Street and Mulberry St. Street closures will begin at approximately 1100 and be released by 5PM. Cost associated with providing route security, placing and retrieving barricades. General None None This is an annual event with no significant problems. None Page 31 of 210 APPLICANT'S NAME: APPLICATION FOR VARIANCE TO NOISE OR Jim Koch or Chuck Held INANCE APPLICANT'S A DRESS: 257 Ansborough Ave 'Waterloo, IA. 50701 A PLICANT'S P ONE #: 319-415-7361 or 319-239-9193 ANTICIPATED DATE OF VARIANCE: May 24 & 25, 2019 NAME OF EVENT: 105.7 KOKZ 4th Street Cruise TIMES OF DAY OF VARIANCE: May 24th, 5pm - 9pm, May 25th 9am 4prn GEOGRAP ICAL LOCATION OF VARIANCE: May 24th, 257 Ansboroucjh Ave May 25th, 100 E. 41.11 Street DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: N/A P EASE EXPLAIN T 1E EVENT REQUIRING T E VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAP 'CAL LOCATION, ANI WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. ay 24th, Band playing May 25th, Radio Music through a sound syste CITY COUNCIL ACTION: P OVAL: DENIAL: 5". licant's Signature May 3rd, 2019 Date Police Dept. Recommendation APPROVAL: DENIAL: DEC1 EL LEVEL: Page 32 of 210 aterloo owa The Honorable Quentin Hart Mayor, Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 April 16, 2019 Mayor art, This letter is a request for permission to hold the 2019 105.7 KOKZ Fourth Street Cmise on the dates and times as outlined below. This year the 38th Annual 105.7 KOKZ Fourth Street Cruise will be held in downtown Waterloo, Iowa from 12:00 noon until 4:00 pm on Saturday ay 25, 2019 and at the ational Cattle Congress from 5:00 pm until 9:00 pm on Friday May 24, 2019 for the Annual 105.7 KOKZ Fourth Street Cruise Show & Shine car show. The route of the cruise is requested as follows. Cars from the East side will move from Mulberry Street across the river on Fourth Street to Bluff Street and return on Park Avenue back to Mulberry. Cars from the West side will move from :luff Street across the river on Fourth Street to Mulberry and return to Bluff on Fifth Street. Prior to the start of the cruise, the cars will stage in the Black Hawk County eourthouse parking lot on the East side and under the Washington Street overpasses on the West side. We are requesting the 700 block of Mulberry Street be blocked offfrom 8:00 AM until shortly after 12 Noon to stage the overflow of cars expected from the Courthouse parking lot. The cars will move out of these areas a few minutes prior to 12 noon in order to meet at the East side of the Fourth Street Bridge at noon. We are requesting that Fourth Street be cleared of traffic by 11:20 AM. There will be a remote radio broadcasting area set up in the 100 block of East Fourth Street on the sidewalk, adjacent to the street, as in the past. The event will require electrical service on Fourth Street on both sides of the river for vendors and speaker systems. The exact location of vendors will be determined by Main Street Waterloo. The event will also require police presence for security and traffic control. Your office should determine the amount of manpower needed. We are also requesting the Waterloo Street Department distribute of barricades and stop signs per a map that will be given to them if this request is acknowledged. If you need further information or h, ve any concerns with this event, please address any questions to Co -Chairs Jim Koch 319-415-7361 or Chuck Held 319-239-9193. Jim Koch Chuck Held y 25,2019 Waterloo, Iowa "Firing on All 8" Cruise 38 Page 33 of 210 ki.....------ CERTIFICATE OF LIABILITY NR MEDI- _1 KAIR _ --- -_• INSURANCE i 1 2019 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on _ this certificate does not confer rlfihts to the certificate holder in lieu of such endorseme a . PRODc The Accl Group LLC Boer 1 0 Cedar Rapids, IA 524004100 ;, IIoae I` so : 319 6 -8611 Ag No : 1 385-6919 UR AFF-aRD1N RAGE_ ..... LAIC r S I RA Vi, 11an Ir auranoe Cornparry S39T i INSUREDINSURER NRG Media 2075 Mount Vernon Rd SE Cedar Rapids, IA 62403 R : Gr Norther I Inaura e SOURER c : Federal insurance Compan 28' EiSURER D :CHUBB' 77T INsuRER E INSURER F TIFIOATE NUMBER: NI.IBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOMITI STANDING 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR .! ! E INSURANCE ADDL INSD SUER Will ■■ ■■ POLICY - ---- POLICY NUMBER Policy EFF immionfYVY1f, (M Do" LIMITS A -- - X COMMERCIAL GENERAL LIABILITY 0035840365 — - 71112018 111�10 ., OCCURRENCE._ ,1 0,000 CLAIMS -MADE A OCCUR AMAGTO RENTED PREMISED E #Ea =rrc l 1'�#�_ $ 10r n r MED EXP (Aar rsest PERSONAL &AD - .IFY__ _� f GEM. AGGREGATE POLICY fl E OTHER: LIMIT APPLIES PER: r-iLOC GENERAL AGATE - 2,000,0000 2,000,000 $ X X II O OM LIABILITY ANY AUTO OWED ;_..� : X SCHEDULED AUTOS EMS 007353572 71112 8 ' 7/112018 I ( SINGLE LIMIT 1,000,000 BODILY (PIMMI.Oni BODILY INJURY IPar Wit) _ rpexzekmAGE ---.-- -• -- X U UMBRELLA LIAR EXCESS LAB r j OCCUR : CLAIMS -MADE 7981856 { 7/1/2018 #II r0 EACI-I OCCURRENCE 10,E 0,000 AGGREGATE $ ,080x. DED RETENTION D O KERS O ' I..1 II.ITY 1 Y IETO� JPAR ECUTIVE D(CLUDED II �R TIQN OF OPERATIONS below 1 N NIA 71710857 7/1 /2018 711/2018 g-Min-E__i_ --gli±-L - .L EACH ACCIDENT - --- 18 o, I E.L. DISEASE - EA EMPLOYEE 1040001 E:Lc $E - POLICY L I•I' 500 0-I DESCRIPTION OFOPERATIONS 1 LOCATIONS 1 # VEHICLES (A ORD in A Ilona! Remarks Schedule, may be attached B more space Is required) RE: 4 S Cruise, et , May 22019 Certificate Holder Shall Read: City of Waterloo, Black Hawk County, Iowa, National Cattle Congress, BPC Properties ERTIFJD City of Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ECPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLL PROVISIONS. AUTHORIZED NEpREBENTATIVE 4:4 ACORD 25(2016/03) — -- -- -- -- -- 1988.2015 ACORD CORPORATION. All rights rosary d. The ACORD name and logo are registered marks of ACORD Page 34 of 210 CITY OF WATERLOO Council Communication Resolution approving the request of SingleSpeed Brewing Company, in cooperation with Main Street Waterloo, Experience Waterloo and Shazam Racing, to hold the S ingle S p eed Beer Mile race on June 8, 2019, beginning at 4:00 p.m., with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets, as well as closure of the SingleSpeed Brewing Company parking lot located at 325 Commercial Street. City Council Meeting: 5/13/2019 Prepared: 5/3/2019 REVIEWERS: Department Reviewer P olice lent ms eou h, Clerk k Office Rby, -Nancy ATTACHMENTS: Description S mar gle'° peed Beer SUBJECT: Jun. 8 201 9 Action Date P. P p �.:�°vc(. a 2 �. 1 Q. ,,,,,, 4„ Approved V//)019 ,,,,,,, 9 1 Type Cover Resolution approving the request of SingleSpeed Brewing Company, in cooperation with Main Street Waterloo, Experience Waterloo and Shazam Racing, to hold the S ingle S p eed Beer Mile race on June 8, 2019, beginning at 4:00 p.m., with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets, as well as closure of the S ingle S p eed Brewing Company parking lot located at 325 Commercial Street. Submitted by: Submitted By: Matt McGeough, Police Captain Recommended Action: Approve Request The SingleSpeed BeerMile is an event where participants will drink a beer in an established licensed area, then run .25 miles. They will then consume another beer in the established area and run .25. This is repeated until a 1 mile run is complete. This is a timed event. They anticipate running 8 heats with each heat to last approximately 20 minutes. Summary Statement: They are requesting the following street closures. Cedar Street from W. 3rd to W. 2nd W 2nd from Cedar to Jefferson (but not Jefferson) Commercial from W. 2nd to W. 3rd W. 3rd from Jefferson to Cedar Expenditure Required: Cost with providing barricades and traffic control as needed. S o urc e of Funds : General Policy Issue: None Alternative: None Page 35 of 210 Background Information: None Legal Descriptions: None Page 36 of 210 INGLESPEE BR EViriN zc. • 110 • 319.883.3604 dave@singiespeedbrewing.com 325 Commercial St - Waterloo, IA - 50701 Ap 30, 2019 Capt. Joe Leibold Waterloo Police Dept. Dear Capt. Leibold We are working in conjunction with Main Street Waterloo, Experience Waterloo, and Shazam Racing on an event this conning June. On Saturday, June 8th we are requesting permission for road closure on portions of Commercial St, Cedar St, 2nd St, and 3rd St, as wellas a closure of the parking lot within our block (see attached sketch). The event is identical to the 2018 version, and is being marketed as the SingleSpeed BeerMile, Packet Pick Up is scheduled for 1 PM, with races beginning at 4 PM. We anticipate r nning 8 Heats, each 20 minutes in length. Please do not hesitate to give me a call if you are in need of more detailed information. Thanks in advance for all your help. Sincerely, Dave Morgan Founder SingleSpeed Brewing Co. 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IIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIUUUI CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 17, 2019 to review an application for a State Revolving Fund (SRF) loan and to make available to the public the contents of an environmental information document and the C ity' s Project Plan, and authorize City Clerk to publish notice of said hearing. City Council Meeting: 5/13/2019 Prepared: 5/8/2019 REVIEWERS: Department Reviewer Engineering Even, .J.:. eAnn Action Date Approved 5/8/2 ATTACHMENTS: Description Type .1• I n r�otmce .love e SUBJECT: Resolution setting date of public hearing as June 17, 2019 to review an application for a State Revolving Fund (SRF) loan and to make available to the public the contents of an environmental information document and the City's Project Plan, and authorize City Clerk to publish notice of said hearing. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Summary Statement: Background Information: The proposed project includes the removal and rep lac ement of twenty five existing sluice gates on the sanitary sewer system as it crosses the levees along Black Hawk Creek and the Cedar River. It will also include abandoning in place five sanitary sewer connections under the levee and constructing approximately 1,500 lineal feet of new sanitary sewer and installation of two new gatewell structures in the levee itself. The purpose of this Public Hearing is to inform area residents of the community of Waterloo of this proposed action, discuss the actual cost and user fees associated with this project, and to address citizen's concerns, if any, with the plan. The Public Hearing location and time are as follows: June 17, 2019 — 5 :3 0 p.m. Waterloo City Hall 715 Mulberry Street Waterloo, Iowa 50703 Page 39 of 210 SRF Public Notice Example PUBLIC HEARING NOTICE SRF STATE REVOLVING FUND The City of Waterloo will be holding a Public Hearing to review an application for a State Revolving Fund (SRF) loan and to make available to the public the contents of an environmental information document and the City's project plan. These documents include design and environmental information related to the proposed improvements to the City of Waterloo's sanitary sewer system and flood protection system. The proposed project includes the removal and replacement of twenty five existing sluice gates on the sanitary sewer system as it crosses the levees along Black Hawk Creek and the Cedar River. It will also include abandoning in place five sanitary sewer connections under the levee and constructing approximately 1,500 lineal feet of new sanitary sewer and installation of two new gatewell structures in the levee itself. The purpose of this Public Hearing is to inform area residents of the community of Waterloo of this proposed action, discuss the actual cost and user fees associated with this project, and to address citizen's concerns, if any, with the plan. The Public Hearing location and time are as follows: June 17, 2019 — 5:30 p.m. Waterloo City Hall 715 Mulberry Street Waterloo, Iowa 50703 All interested persons are encouraged to attend this hearing. Written comments on this proposal may also be submitted prior to the hearing. Questions regarding this hearing or the availability of documentation may be directed to the City Clerk's Office at 319-291-4323. January 2015 INVESTING IN IOWA'S WATER www.iowasrf.com Page 40 of 210 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as June 3, 2019 for the approval of a Development Agreement and Minimum Assessment Agreement and authorizing the sale and conveyance of property to S F N Real Estate, LLC, for $1.00, for the development of two data centers located southeast of 1414 Commercial Street, and instruct City Clerk to publish notice. City Council Meeting: 5/13/2019 Prepared: 5/7/2019 REVIEWERS: Department Planning i ' la.n n mng u,�'': Onin ;erk. Office ffce Reviewer Schiroeder, ..ric chroec: er, Aric Schroeder., Aric Eli hy, l` ancy ATTACHMENTS: Description Develop lent ee e �t SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Action Rejected A pprov ed. A ppToved pp r oved Type is a�,.�:�,. eirial Date /8/2 9 55/8/2,01. 9 11:5 5 Al 5/8/ ,019 11:57., .. 5 0 8 2,019 ,,,,,,, 12:2;0 p Resolution setting a date of public hearing as June 3, 2019 for the approval of a Development Agreement and Minimum Assessment Agreement and authorizing the sale and conveyance of property to S F N Real Estate, LLC, for $1.00, for the development of two data centers located southeast of 1414 Commercial Street, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City recently acquired the properties located on lots 1 & 2 of Anthony Baker's Addition and are working towards demolishing the homes located on the lots. The minimum assessed value for the data centers is $200,000. $6,000 Rath Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Not sell Lots 1 & 2 , Block 58, Anthony Baker's Addition, City of Waterloo, Iowa. Page 41 of 210 Preparer Information: Christopher S. Wendland PO Box 596 waterloo Iowa 50704 319 234-5701 Name Address city Phone Return to Preparer. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2019, by and between SFN Real Estate, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Rath Urban Renewal Plan area at 1426-1430 Commercial Street, and legally described on Exhibit "A attached hereto (the "Property"). C. City believes that development of the Project (as defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the projects have been or will be undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the PropertyPropedy to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and restrictions Page 42 of 210 DEVELOPMENT AGREEMENT Page 2 imposed by City onin0 ordinances and other applicable law. Conveyance shalt occur within sixty (60) days after approval of this Agreement by the Waterloo City Council, on a date mutually acceptable to the parties. No less than fourteen (14) days prior to the anticipated date of conveyance, City will provide for update whatever abstracts of title it has in its possession, if any, or in lieu thereof Company may have a new abstract created or obtain whatever form of title evidence it desires. Alt abstracting and title work shall be at the sole expense of Company. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 2. Improvementsbv Company. Company shalt construct upon the Property at its own expense no less than two (2) buildings for the housing of telecommunication equipment and make related landscaping improvements to the building and grounds collectively, the "Improvements"). The improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes ascontemplated by this Agreement are p y collectively referred to as the "Project". 3. Timeliness of Constriction. The parties agree that the conditions set forth in this Section 3 constitute Company's commitment to undertake the Project and to construct the Improvements in a timely manner, that such conditions are therefore a l material inducement for the City to convey the Property to Company, and that without said commitment City would not do so. Company must obtain a building permit and begin construction of the first building within six 0 months after the date of this Agreement and begin construction of the second building within sixty (60) days after the first building reaches capacity. Each such date is a ;Required Start Date". Company must complete construction of the first building within twelve 12 months after the Required Start Date, and Company must complete construction of the second building within twelve months after it commences construction on the second building. Each such completion date is a "Building Completion Date". 4. Possibility of Reverter. If Company has not, in good faith, begun the constructionpby of the Improvements a Required Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Required Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said p a extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company mayconveythe Property to City by special warranty deed, free and clear of pp Liens (defined below), and thereupon neither party shall have any further obligation Page 43 of 210 DEVELOPMENT GREE T Page 3 under this Agreement except as expressly stated, provided that Company shall indemnify and hold harmless City as set forth in Section 8. If development has commenced by Required a uired Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Building Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. The provisions of this p Section shall apply to the entire Property as to the Required Start Date and the Building Completion Date for both buildings. 5. Reverter of Title. In the event of any reverter of title, Company agrees that it shall at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage, tax or encumbrance (collectively, "Liens" arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property arising by or through Company. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within sixty (60)days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. 6. Additional City Assistance. The incentives described in the following subsections of this Section 6 are in addition to the other Project incentives extended y City to Company hereunder. A. Demolition. City will demolish all structures on the Property and shall remove all debris, leaving a relatively level site. City's work shalt be completed no later than April 30, 2019. B. Broker Fee. City will pay the real estate broker fee. Half will be p ground able when is broken for the first building, and the second half wilt be paid fourteen 4 days after Company receives a certificate of occupancy for the first building. C. Partial Tax Exemption. Because the Property is located in a i nated Consolidated Urban Revitalization Area CA, the Property g is eligible for taxexemption consistent with and to the extent provided for in lowa g law, provided that Company meets all requirements to qualify for such exemption. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all Page 44 of 210 DEVELOPMENT AGREEMENT Page 4 other charges whatsoever levied upon or assessed or placed against the Property after ownership the date of Company's of the Property. company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the _ . 1 ation for the Property, which shall be fixed for assessment purposes, below taxable valuation the amount of $200,000 (the "Minimum Actual Value"), through: (1) willful destruction of the Property, the Improvement, or any part of either; (ii)a request to the assessor of Black Hawk County; or (iii)any p0 roceedin , whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "B" at the closing. P � g 8. !jdeinity. Company further agrees that it shall indemnify City and hold it harmless with respect todemand, claim, cause of action, damage, or injury made, any or incurred as a result of or in connection with the Project, Company's failure suffered, to carry on or complete same, or any lien, claim, charge, or encumbrance on or against rt oftype or nature whatsoever that attaches to the Property by virtue of the Property anyyp . } ownershipof same, except to the extent any such demand, claim, cause of Company's p action, damage, dam: a, injury, Tien, claim, charge or encumbrance results from an act or � omissionthe City,its employees or agents. If City files suit to enforce the terms of by thisAgreement prevails and in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 9. No Encumbrances; brances; Limited ...Exception. Until substantial completion of theCompany agrees Project,a reel that it shall not create, incur, or suffer to exist any lien, ranc mortgage,interest, or charge on the Property, other than such encumbrance, security mortgageO g or mortgages es as may be reasonably necessary to finance Company's undertaking der akin of the Project and of which Company notifies City in advance of Company's execution of any such mortgage. 10. Water and sewer; Utilities. Company will be responsible, at its own expense, for extending water, sewer, telephone, telecommunications, electricity, gas and utilities.�l�.tie� services from their current location to any location on the Property and for payment of any associated connection fees. 11. Representations and Warrintis of City. City hereby represents and warrants as follows: Page 45 of 210 DEVELOPMENT AGREEMENT Page 5 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties f Conlpani. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, p restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 13. No Assignment or Convuance. Company agrees that it will not or otherwise transfer its interest in the Property prior to substantial sell, convey, assign tialm completionImprovements, of l rovements, whether in whole or in part, to any other person or entity without the prior written consent of City, which consent will not be unreasonably withheld or delayed. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materialiiy of Company's Promises, Covenants, RepresentationRepresentationa, and Warrant. Each and every promise, covenant, representation,and warrantyset forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement and to extend to Company the development incentives provided for herein. Company acknowledges that without such promises, covenants, a re resentations and warranties, City would not have entered this Agreement and representations, extended such incentives. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option in addition to anyother right or remedy available to it, terminate this Agreement and and g declare it null and void. Page 46 of 210 DEVELOPMENT AGREEMENT Page 6 10. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 1 0-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith withreasonable request by City to effectuate the restoration of any same, or failing such restoration Company agrees to be liable for same or for the fair value thereof. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage a prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 3 0.291-4 7 , Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director, (b) if to Company, to SFN Real Estate, LLC, 320 E. Liberty Street, Mankato, Minnesota 56001, Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three 3 business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or(iv)when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 17. No Jolt venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, ModificationPApdification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing,signed si ned by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. Page 47 of 210 DEVELO MENT AGREEMENT Page 7 19. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is i tended to be severable. If any portion of this Agreement shall be deemed invalid or u enforceable, whether in whole or in part, the offending provision or part thereof shall he deemed severed fro this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this agree t is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such rovision or portion thereof shall be deemed to be written, and shall be construed and e forced, as so limited. 20. Captions. All captions, headings, or titles in the paragrap s or sections of this Agreement are inserted o ly as a matter of co venience andior reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 21. Binding Effect. This Agreement shall be binding a d shall inure to the benefit of the pates and their respective successors, assigns, and legal representatives. 22. Counterparts. This Agreement may be exec ted in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 23. Entire Agreement This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Jaso SFN REAL ESTATE, LIC anke, President Page 48 of 210 DEVELOPMENT AGRM NE Page Page 49 of 210 EXHIBIT " " Legal Description of Property Lots I and 2, Block 58, Anthony Baker's Addition, City of Waterloo, Iowa. Page 50 of 210 EXHIBIT "" MINIMUM ASSESSMENT AGREEMENT Ef T This Minimum Assessment Agreement (the "Agreement") is entered into as of 2019, by and among the CITY OF WATERLOO, IOWA ("City"), SFN Real Estate, LLC ("Company"), and the COUNTY T ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: ESSET : WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area "Project" within the City and within the Rath Urban Renewal Plan Area; and WHEREAS, pursuant to lowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, E, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the improvements by the Company,the minimum actual taxable value which shall be fixed for assessment for the land and Improvement to be constructed thereon by the Company as purposes a p art of the Project shall not be less than $200,000 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2021. 2. The Minimum Actual Value herein established shalt be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, herein shall be deemed to waive the Company's rights under lowa Code 20�'l. Nothing 03.5 as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. in no event, Page 51 of 210 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, mollifying the terms of the Development Agreement. 5, This Agreement shall inure to the benefit of and be binding upo the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA SFN R AL ESTATE, LLC By: Quentin M. Hart, Mayor Kelley Fetchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) ss. On this day of , 2019, oefore me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seat affixed to the foregoing instru ent is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to he the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF-10W ) ss. Notary Public Page 52 of 210 COUNTY OF gi Subscribed and sworn to before me on Hanke as President of SFN Real Estate, LLC. 0,1,1,1 ANNANION: s SME laVt.N Waal IssIon 2019 by Jason Page 53 of 210 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Hundred Thousand Dollars ($200,000) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA COUNTY OF BLACK HAWK ) ) ss. Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2019 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 54 of 210 CITY OF WATERLOO Council Communication Resolution approving specifications, form of contract, etc. and setting the date of bid opening as May 23, 2019, and date of public hearing as May 28, 2019, in conjunction with the Riverloop Public Market Fire Suppression Project, and instruct City Clerk to publish notice. City Council Meeting: 5/13/2019 Prepared: 5/8/2019 REVIEWERS: Department Reviewer Action D ate P tanning ruing Schroeder., ri :: C e rkOffice 1Even, 11 eAn.n. Approved.. 8/2019 ,,,,,,, 12:4.2 P ATTACHMENTS: Description Type ▪ Notice of iPu rove nests C(.)vcr O Notice to Bidders (,:;over u . SUBJECT: Submitted by: Resolution approving specifications, form of contract, etc. and setting the date of bid opening as May 23, 2019, and date of public hearing as May 28, 2019, in conjunction with the R iverlo o p Public Market Fire Suppression Project, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval Expenditure Required: Unknown S ource of Funds : Building Maintenance Page 55 of 210 NOTICE OF PROPOSED PUBLIC IMPROVEMENTS Notice is hereby given, in accordance with Section 26.12 of the 2016 Code of Iowa, applicable to the City Council of the CITY OF WATERLOO. The said City Council proposes to construct RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO, IOWA. Work of project includes the installation of a fire suppression sprinkler and fire alarm systems at the RiverLoop Public Market located at 327 W. 3rd St., Waterloo, IA 50701, with a cost estimate of $45,000.00. Proposed Drawings and Specifications, as well as proposed form of contract have been adopted therefore by the said Council, and copies of said construction contract documents are now on file and available for inspection at CITY OF WATERLOO. A public hearing at which any and all interested persons may appear and file objection to said proposed Drawings, Specifications, Form of Contract for, or cost of such improvements will be held as provided by law in the CITY OF WATERLOO, 715 MULBERRY STREET, WATERLOO, IA 50703. The time of the public hearing is hereby set at . M. (Local Time) on May 28, 2019. DATED AT: WATERLOO, IA 50703, this day of 2019. BY ORDER OF: CITY OF WATERLOO BY: KELLEY FELCHLE, CITY CLERK Page 56 of 210 NOTICE OF PROPOSED PUBLIC IMPROVEMENTS Notice is hereby given, in accordance with Section 26.12 of the 2016 Code of Iowa, applicable to the City Council of the CITY OF WATERLOO. The said City Council proposes to construct RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO, IOWA. Work of project includes the installation of a fire suppression sprinkler and fire alarm systems at the RiverLoop Public Market located at 327 W. 3rd St., Waterloo, IA 50701, with a cost estimate of $45,000.00. Proposed Drawings and Specifications, as well as proposed form of contract have been adopted therefore by the said Council, and copies of said construction contract documents are now on file and available for inspection at CITY OF WATERLOO. A public hearing at which any and all interested persons may appear and file objection to said proposed Drawings, Specifications, Form of Contract for, or cost of such improvements will be held as provided by law in the CITY OF WATERLOO, 715 MULBERRY STREET, WATERLOO, IA 50703. The time of the public hearing is hereby set at . M. (Local Time) on May 28, 2019. DATED AT: WATERLOO, IA 50703, this day of 2019. BY ORDER OF: CITY OF WATERLOO BY: KELLEY FELCHLE, CITY CLERK Page 57 of 210 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 5/13/2019 Prepared: REVIEWERS: Department Reviewer Action Date Engineering I 1 i b, N ancy Approve / /2 ATTACHMENTS: Description Type 113 on.r, .' -for (,, ,aii,r ( approval 5 13 1. 9 113 ckup _ a SUBJECT: Bonds Page 58 of 210 BONDS FOR COUNCIL APPROVAL May 13, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7900452202 BERGEN PLUMBING, INC. WATERLOO, IA 61719969 DC CORPORPORATION WATERLOO, IA S413116 HEARTLAND EXCAVATING LLC dba JESUP LAND IMPROVEMENT CO JESUP, IA 95 BA G306 0 IOWA FLATWORKS CEDAR FALLS, IA 55-209283 KOELKER EXCAVATING INC. MARION, IA GRIA26636B RAY'S EXCAVATING LLC EDGEWOOD, IA 7900419762 ROGERS CONCRETE CONSTRUCTION INC. ANAMOSA, IA 3401771 STEPHEN BANKS WATERLOO, IA IA5161765 VINCENT H EDWARDS dba VE CONSTRUCTION WATERLOO, IA 95 BM J031 6 WES GARDNER dba GARDNER PLUMBING LA PORTE CITY, IA IA 580365 WHITNEY BUILDERS INC. CEDAR FALLS, IA Page 59 of 210 CITY OF WATERLOO Council Communication General Obligation Bonds - GCP 3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. City Council Meeting: 5/13/2019 Prepared: 4/27/2019 REVIEWERS: Department Finance inance Perk: Office Reviewer Action Date .������v�� ,w , p � �el.�_f �:�.er, me ���� �, Approved � 8",,,,,R1. Even. 1.:.de nn Approved 5/8/2. 1 12: ATTACHMENTS: Description Type c:Hearings IFN' ., Co- , . n.c.11 C:, oil r ` _ CovereM.0 Cover pring 201.9 Bond.. SUBJECT: s su e ro j ect ing Resolution ratifying, confirming and approving filing and 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 instituting proceedings to take additional action for the is suanc e of not to exceed $700,000 General Obligation Bonds. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Summary Statement: GCP-3 — Not to exceed $700,000 General Obligation Bonds (GCP-3) for general corporate purposes, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the acquisition of vehicles for various city departments, including planning and zoning and leisure services, building and infrastructure improvements for public works facilities, including a vehicle automated wash system and the construction and equipping of a storage building, and the construction, renovation and improvement of airport facilities, parking lots and acquisition of related airport equipment. This hearing is for projects to be funded with general obligation bonds to be sold this spring. We are planning to sell $10, 000, 000 in general o b ligatio n bonds for a number of general purposes. Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. A hearing covering many Essential Corporate Purpose projects was held and approved March 4, 2019. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from various sources, including general property Page 60 of 210 taxes and tax increment revenue. Policy Issue: Alternative: Background Information: The issuance of bonds commits the City to future repayment. The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. A general listing of the projects planned to be completed using bond proceeds authorized by these hearings is included. Page 61 of 210 CITY OF WATERL'O, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: May 6, 2019 Prepared: April 27, 2019 Mayor Dept. Head Signature: Michelle Weidner QUENTIN HART Number of Attachments: None COUNCIL SUBJECT: FYE2019 Bond Issue Hearings MEMBERS MARGARET KLEIN Wardl BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt resolutions to set the date of hearing as April 22, 2019 on the proposed issuance of the following bonds for the project classifications previously approved, as follows: 1. GCP-2 — Not to exceed $700,000 General Obligation Bonds (GCP-2) for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum the Bonds to be issued to provide funds to pay the costs of reconstruction, renovation and improvements to sports facilities through the sports facilities improvement fund; downtown area maintenance and infrastructure improvements; acquisition of off -road maintenance equipment for the parks, downtown and golf course departments; and renovation, construction, improvement and equipping of the golf course, public library, swimming pool and aquatic facilities. 2. GCP-3 — Not to exceed $700,000 General Obligation Bonds (GCP-3) for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the acquisition of vehicles for various city departments, including planning and zoning and leisure services, building and infrastructure improvements for public works facilities, including a vehicle automated wash system and the construction and equipping of a storage building, and the construction, renovation and improvement of airport facilities, parking lots and acquisition of related airport equipment. 3. GCP-4 — Not to exceed $700,000 General Obligation Bonds (GCP-4) for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of reconstruction, renovation, remodeling, improvement, equipping and repairing of Downtown Parking Garages and ramps; acquisition of properties for commercial or residential development; improvement to and equipping of Young Arena and Riverfront Stadium, and funding of the Red Cedar Initiative to promote business development. Page 62 of 210 FYE2019 Bond Issue Hearings Page 2 4. GCP-5 — Not to exceed $700,000 General Obligation Bonds (GCP-5) for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of reconstruction, construction, renovation, remodeling, improvement, equipping and repairing of various City buildings and facilities, including the fire station, fire rescue hazmat center, police station and police vehicle impound storage building, elevators and CAD stations; and acquisition of city wide information services mapping equipment and software and network storage upgrades, expansions and replacements. 5. ECP-UR 6 — Not to exceed $3,100,00,000 General Obligation Bonds (ECP-UR -6) for essential corporate urban renewal purposes, to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Urban Renewal Plans for the Martin Road Development Area, the Downtown Urban Renewal Area, and the Rath Area Redevelopment Area, such as those costs associated with acquisitions of properties and related demolition and clearance activities, restoration of the Dunsmoor House, public infrastructure projects including streets, streetscape, and utility improvements, costs of the downtown development plan; the improvement, reconstruction and/or repairs at the Center for the Arts, including parking lot improvements; and the improvement, reconstruction, equipping and repair of the Sullivan Convention Center. Summary Statement: We are planning to sell $10,000,000 in general obligation bonds for a number of general purposes. Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. A hearing covering many Essential Corporate Purpose projects was held and approved March 4, 2019. We plan to use the State of Iowa Revolving Loan Fund for sewer project funding. Public hearings will be held for those projects at a later date. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. Background Information: A general listing of projects planned to be completed using bond proceeds authorized by these hearings is included. I An qual Opportunity/Affir ative Action mployer Page 63 of 210 Spring 2019 Bond Issue Project Listing Q3 co Cs 0_ 4/2 /2 19 2:00 PM Page 64 of 210 g E g • Spring 2019 Bond Issue Project Listing �::.:::��.n �n �.:....n.;-..�ry_-.. .n. ....., A r ::k ro o' 28,0001 2s,00ol 120,000, 225;0001 170,0001 I 0 25,0001 28,0001 il I ----� I o 1000: •000c 1o0o0/2 0 0` 000`0 73,000 73,0001 01 j000'OLJ 1000'91000'ozI C I o o 000`flL 26,0001 35,0001 0 C goo ;.: ?° ciC 0 0 C C Ci=i 4ck fly. :. C C C C C C klltfibfteMMMVMUIP,V8ttiAtttcMtefigEMI n�%fit"•�%� `; ,M1�€> •#fit:.;' '{ (07) Engineering - Replace 2005 pickup 1(08) Planning & Zoning - Replace Sedans '05 &'0 k.Q?) MIS - Use Existing Fleet Transfer (11) Police -Replace 7 patrol vehicles per year. 1(11) Police Equipment (11) Police Investigation Vehicles. - Replace 1 Sedan per year (11) Police Laboratory Vehicle Replacement -None (12) Fire Rescue - Replace '06 Utility Vehicle and Pickup Trucks(2), (17) Animal Control Replace 2016 Dodge Van [(17) Sign & Traffic - Replace '04 Bucket Truck, Replace Pickups 4 (18) Public Works - Replace '08 & ' l l Service Trucks, Replace '05 P (19)Street - Repl. loaders, snow trucks, graders, sweepers, roller and (22) Building Inspections - Replace '07 Sedan and pickup trucks (2) 2 Parking Maintenance - None (26) Center for the Arts - None (27) Human Rights - None (29) Airport - Replace '04 Ford Taurus (30) Housing Authority - None (32) Community Development - Use Existing Fleet Transfer (33) Library - None Leisure - Replace multiple pickups, service truck, grapple l adei (51) Code Enforcement - None 9 Facilities Maintenance - Replace '04 Bucket Truck (99) Motor Pool - Replace Sedans (2), SUV (1) & Vans (2) City Clerk - None �• .fin :'"t ., ,:<. E { . CI 0 i 0 0 CD CD r CD r 0 0 T.- C ' CD CD 0 r CD CD r C. 1 4— 0 V -� T.. .t""` 0—, r r r-� � �"` ...... /27/2019 1:52 PM Page 65 of 210 • • • • •♦ v,:.t xt xt >,.v xt,:,::,.x xtt xx>:::,:,.x.:.::.::::.::::::::::x.:::___:::::__• _ _ _y \ vv { :. { {}} : } \ Y Y},_ /:/ {Y.}Y. }.{ . • Spring 2019 Bond Issue Project Listing 0 0 tn 0 0 0 C v � Q 444 in 1Ty 0 0 0 0 0 ✓ 1� ✓ *� PCI 0 CyJ Cfp 0 0 ■JT�t 0 0 0 nwnwwwwwA 4 2 2019 1:55 PM Page 66 of 210 Public Works Spring 2019 Bond Issue Project Listing Jt 10o0'o1 120,0001 goo 000 jj1 Cfis` {•.'f:'t;{+s 700,000 0 i J000'009 ;fin:; .0 0 aw 0 0 000`OZ i 0 C n C 9po'oo: 0 , 00`OL c:, 1oao`s17 0 0 0 n 0 ,.... , 0 0 n C C) r 20,0001 I000'OE 0 . 0 , °} t {`fit tis+: :.wry ?}'in 700,000 675,000 500,000 575,000 C> 0 0 04 0 C 0 in 0 kin 0' 000`0 0 0 0 50,000 100,000 ........... 000'09 0 N40 300,000� 0 0 }' I. 000'0g9 000`0 I---- - � 130,000, C C r.., 0 c 70,000 • 20,000 000`0z 000'1' •''' £ tbltbdttfkititttiIWSIVt8**litilM1-ry�� ..�� ry�' +! ��}+� .. pry. M1..::k� k 'i}ry':' 'k�' :�?: �..:.... f:..: /: x'.•�..:.1:.w fy f;\wx. v..x:'n'..k»...1w..>.:...::...f.�..; .f.f .... !:.'fn'...... � � .... .. ... :.... � f n' ....... ...� f:k�s� s : Ek C, {, i,,54: : . stiff k''. ., tiff}{59 #M1ryt ryt ‘k.. M1�i+''i:: k}k+. is t}s :{ �st':k tii}; i: ........................ 5 Sullivan Bros Convention Center Irrrproements - Interior, HVAC, and etc. City Facility New Construction/Remodeling Fund 1Downtown Parking Garages 1 rA CS Multi -Space Parking Meter System 5 Sullivan Bros Convention Center Improvements - 2 Exterior, Roof, and etc. Young Arena Improvements Swimming Pool Renovations City Facilities Security Fire Rescue - HAZIAT Center Fire Station IrnprAoemnts City Wide .............. Young Arena Impravemants - 2 Center For The Arts Library Improvements - Outside Bldg. Maint. Public Buildings - ADA Compliance Veterans Memorial Hall Center for the Arts Parking Lot Library Improvement - Mtg. Rooms, Park. Lot Parking Lot. Between Sportsplex and Art Center C s tk;y ' } yam\ �i#k t. �, # M1 M x ,ti}#+.i.f. ..,a Fk J1 High 113; High-2 High -zap High - 2B ............................... - 3 1 ■ Y"'f N.L.ZI High - 5 I . }.w� High - ........................... High -81 - CAD C.)i+# Med- 101 Md-I1 e Med - 13 Med - 141 #+.. ,ii, * ': ?ice y? ,�jM1 ,, , = = I I: 1 i I = = = = 1 1 1 1 1 2 2 2 2 2 2 'r{......r: C CAI CN CD CO CO i f ' 1 C N# CO <\�< 4/27/2019 1:55 PM Page 67 of 210 Spring 2019 Bond Issue Project Listing 350,0001 0 0 1000'9LZ 33,0001 ii 100,000 000`08 0 tr i0 0 0 0 € _ ``.*M1`sil:M1 i{i i'i\M1 M1.+M1kti t�M1 tk}M1{ 000`0 0 000`001 000`0I 0 000‘gZ1 cc;< ^ ' 33,000 ti+ kk M1 M1+ i. iM1j 600,000 400,000 000'08 000`00Z 400,000 00`Z 225 ,000 i ' J FtZr,: >'k: tkk\}t .k elf:% •:.;,; ��'.?:y` 000`0 1 '?:?::.�.;�:< t:.::.•;{}}{}s Ott«`:'i' !Demolition Projects/Housing Incentives Bikeway Development Mar tin Road Tax Increment ----- Downtown Development Plan ................................................ Rath Tax Increment Downtown Acquisitions/Development Downtown Parking Dunsmore House Restoration Project - :Logan Fiber Optic Options for the Community University Avenue Acquisitions --- La Porte Road Acquisitions Orange School Sewer Extension Red Cedar Initiative .,,sin pn.„ �.}.�.,,..::�;,,n : s :°t •`::,•,?.•':;;..;£' tom- High-2 � High-6 t High-7 High-3 High- 1 ! raw i-r+I *�-�t High-1 1 High-5 —4. rsrt M..I..r r—, + I..L.1 :n} CO U) 0 L E 04 L0 co L ; . 4/2719 1:55 PM Page 68 of 210 VJ c CL Spring 2019 Bond Issue Project Listing 0 0 0 0 0 O DQ 0 O 0 0 0 0 0 0 0 0 0 l f`x 0 O 0 1.1 0 0 0 010 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,1 C 0 0 0 0 0 Gl . z i i tO 0 ci EIP „- , r�M i C it' #�-I in4 0 -1:1 ) 0`04 ?. it CA C : ;: l'"1 6' I C I -1> 0 tisiO • 0 co 0 Purchase of Gro O CJ� 0 1 45 0 0 r 04 cnco czt 1:4 i tup ICI N i . 0 2 1 LO Obi (0 4 2 /2019 1:56 PM Page 69 of 210 Spring 2019 Bond Issue Project Listing .v............ .,...... ..f.:.. ..:.. ...f.x.. ...........x.. vx...,........,.,......v�e.S+............ .k..\....^:................N.:\.ry.,ry.k.....v..n..n... n....... ,.�.?,t.:....x.x?x..M:..n..... ....:...... .♦.. ......'.::.:n.?.os:::... ::oi,,,,,,-:,{ ry ': . ...x..,..:.v .,.}.f.....................f.......?...♦.:......::+... .:..n.,.f... ,..f.:..... ..... ..♦ . .�n:♦:.:..♦......... ..::........x.f..... .. . .�....:... ..w..,...,.............. .....f.....x:...f , N . ff...v. ................., f .x .... ...... ......:...xn.H..: �nnn.v—;'; ... ......... .. ..... . .. ♦ ......v..........�,.M�...� }% > # :.'...\.'��' n \x 'w, , f } x f,M1?^.n:.iv':'..\ ...;�'..: : ?.. 19 : H High Biennial Bridge Inpe ti s -- - 65,000 120,000 50,000 124 H High E 4th Street Pedestrian Crossing o 100,000 90,000 52 H High Sidewalk Repair Al A Ramp Compliance 290,000 0 ,350,000 81 H High Plod Control Improvements 200,000 , o 300,000 16 H High ' 'Bikeway Maintenance 0 30,000 175 L High Bridge Repairs - Various Locations 0 350,000 300,000 H High ]Hwy & Ranchero Pedestrian Crossing - --0 75,000High . 4th and Lester Streets Electrical Upgrades Virden o 150,000-- -- i H High 11 th Street Bridge Replacement o 500,000 H High Aerial Photos and Lidar Acquisition 120,000 0 , H HighAirline Highway Storm Sewer Outlet 0 0 0 H High CAD Stations - - 20,000 11,000 91 H - High - - Ielane Avenue Drainage Project - - -- o 500 , H High -- Highway 63 Enhanemt n-Call CRS - - 75, - - -� H High Jefferson/Commercial Str et ea ing 225,000... - H High La Porte/Hess Road Reconstruction 0 74 H High Park Avenue Bridge Replacement - - 500,0001 H High Large Format Plotter/Scanner Eng. 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Virden Creek Rath Area Strom Sewer Improvements Hanna Blvd. to Pleasant Drive Channel Imprvment 41141.11101,00101•11.11111.1111111110,2•111, i ; 0 0 Ico 0 0 0 0 0 0 0 I 0 0 0 co 4/27/2019 1:58 PM 0 N O ti 4) 0) co 0 v-v. fk.-..t:k:sss.:i:{`^.{'*:�",�:__ _...^.:x ___ _�_ ___=:` _-•"______*___#...:....)...,.,.:{:*;.{:{'t::ti.'.,�,.>,. _____ ___'_;:_�":v_:kk:":.: �:k:k$"::. "::..�:... :.. Spring 2019 Bond issue Project Listing OZS EL 4/27/2019 1:58 PM Page 72 of 210 05 0 CIO CL 4/27/2019 1:58 PM Page 73 of 210 Spring 2019 Bond Issue Project Listing Spring 2019 Bond Issue Project Listing 0 I 0 0 0 0 0 0 0 w ▪ ! 0 0 0 O 0 , 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 tin J 0 0 0 0 0 0 0 L) O • p z 0 iat 0 E 0 0 0 Cd 0 o 0 iecr o o o Csi sp 0 0 4/27/2019 1:58 PM Page 74 of 210 Spring 2019 Bond Issue Project Listing t ♦{' }?M1 I M1'?•t#t?f M1k: .*; „. .,.}{•' :< M1 :<F .#M1k kip. I' {: . 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City Council Meeting: 5/13/2019 Prepared: 5/7/2019 REVIEWERS: Department Reviewer Fire Rescue Treloar, Pat Jerk Office Even.,, Le. an Action Date Approved / 2 . 19 8:2,7 A Approved 5 2 1 c),,,,,,, 12:.d„ i.. ATTACHMENTS: Description Type Ambulance SUBJECT: Resolution approving a Professional Services Agreement with Digitech Computer, Inc. of Chappaqua, New York, in conjunction with ambulance billing services, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Pat Treloar, Fire Chief Recommended Action: Approve Summary Statement: W F R has used a third party for ambulance billing services for the past two decades. Our current billing company has reduced their level of billing services and will cease billing operations on July 15th, 2019. We released multiple RFPs and received three (3) proposals back. We have reviewed all proposals and we have contacted multiple references. We have decided to enter into an agreement with Digitech, Computer, Inc. Digitech was low bidder that currently conducts business in the State of Iowa. Page 80 of 210 ATTACHMENT 9 AGREEMENT FOR AM LID ULANCE BILLING SERVICES This Agreement for Ambulance Billing Services (the "Agreement") is entered into on , 2019 by and between the City of Waterloo, Iowa ("CITY") and ("CONTRACTOR"). In consideration of the mutual promises exchanged herein, the parties agree as follows: SECTION 1: SCOPE OF SERVICES TO BE RENDERED CONTRACTOR agrees during the term of this Agreement to provide to the CITY, under the terms and conditions set forth herein, the services which are described in the Request for Proposal, Addenda (if any) and CONTRACTOR's proposal, for the fee set forth in CONTRACTOR'S proposal. SECTION 2: CONTRACT ADMINISTRATION The CITY's Fire Chief shall be the CITY's liaison with the CONTRACTOR for the purpose of administration of the services to be performed under this Agreement. The services to be performed by the CONTRACTOR shall at all times be subject to the general supervision and approval of the CITY Fire Chief or his designee.. 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. SECTION 3: TERM OF CONTRACT Subject to the terms of this Agreement, the term hereof shall commence on [September i}, 2019 and shall continue until and including August 31, 2020. This Agreement shall automatically renew for up to four (4) additional terms of 12 months each, unless one party delivers to the other party a written notice of non -renewal at least 90 days before the next scheduled renewal date. SECTION 4: PAYMENT TO CONTRACTOR FOR SERVICES CITY shall pay to CONTRACTOR, as compensation for all services and materials provided under this Agreement, an amount equal to % of total ambulance billing collections received via any method, including payments received directly by the CITY, payments made to the CITY's collection agency, payments made directly to the CONTRACTOR, and collections received through the State of Iowa Income Offset Program. Payment will be made only for collections received hereunder within the previous complete month. The CITY does not guarantee that any billing will be submitted to the State of Iowa Income Offset Program. Invoices received from the CONTRACTOR will be reviewed by CITY before payment is authorized. Payment generally will be made within 30 days following the CITY's review and approval. SECTION 5: CONTRACT DOCUMENTS This Agreement shall include and be composed of: (1) this Agreement and all exhibits hereto, if any, (2) the RFP, including Responses to Requests for Clarification, addenda, and attachments to the RFP, (3) the CONTRACTOR'S pro .osal, and (4) the Business Associate Agreement. All docume ts identified in clauses (2) and (3) are hereby incorporated by reference. In the event of any conflict or Page 81 of 210 inconsistency between this Agreement and the other documents comprising the Agreement, the hierarchy of precedence shall be as listed above. SECTION 6: CONVERSION AND MIGRATIO OF OUTSTANDING AM ULA CE BILLING FILES Notwithstanding any terms of the REP or the CONTRACTOR'S proposal, CONTRACTOR will be responsible for all billings beginning on the first day of the term of this Agreement, and CONTRACTOR will not be responsible for billings prior to that date and will not migrate or convert any prior billing files. SECTION 7: COLLECTION AGENCY CONTRACTOR will provide information requested by the CITY or the CITY's collection agency in conformance with HIPAA regulations and pursuant to the Business Associate Agreement. SECTION 8: HIPAA COMPLIANCE CONTRACTOR shall execute a Business Associate Agreement which is acceptable to the CITY no later than the date of execution of this Agreement, and CONTRACTOR shall at all times be careful to observe all terms and requirements of such Business Associate Agreement. SECTION 9: PERFORMANCE MEASURES In addition to the other terms and conditions hereof, CONTRACTOR shall observe the performance measures set forth below: A. Provide, within 30 days after the end of each calendar month or quarter, as applicable, the reports identified on Attachment 3 to the RFP. B. Provide, within 10 days after the end of each calendar month, a status report based on call date, to include number of transports, gross charges, co -pays (where applicable), receipts, and Medicare, Medicaid, and military adjustments. C. Provide, within 15 days after the end of each calendar month, a report detailing Mee icare, Medicaid and military claims made, adjustments credits, co -pays and receipts. The report must also identify the level of care invoiced and the level of care reimbursed, including amounts. SECTION 10: CITY COOPERATION Fire department personnel of the CITY will complete reports in its incident reporting system within four (4) days of the incident date. Such personnel will make reasonable effort to provide patient insurance information, but it will be CONTRACTOR's responsibility to collect and/or verify current insurance information. SECTION 11: TERMINATION The CITY may terminate this Agreement if CONTRACTOR defaults as to any of the terms and conditions of this Agreement, including without limitation, failure to comply with the performance measures described in Section 9 above more than twice in any 12-month period or a delay of more than 30 days in the initiation of a required procedure or program described in the performance measures. The CITY shall give written notice to the CONTRACTOR indicating the default, and CONTRACTOR shall have 14 days after delivery of such notice in which to cure the default. If CONTRACTOR fails to timely 2 Page 82 of 210 cure the default, then the CITY may provide the CONTRACTOR with notice of the termination date of this Agreement, which shall not be less than 21 days from the date of such notice. The notification period will begin on the date shown on the written notification. Upon notice of termination, the CONTRACTOR shall stop work on the date and to the extent specified in the notice, terminate and settle all orders and subcontracts, if any, relating to the performance of the terminated services and transfer all work in progress, completed work and other materials related to the terminated work to the CITY or to a third party designated by the CITY. In the event of termination pursuant to this section or upon expiration of the term of this Agreement, payment shall be made by the CITY for collections received by the CITY resulting from services rendered by the CONTRACTOR prior to the date of termination. SECTION 12: INSURANCE AND INDEMNIFICATION The CONTRACTOR shall provide insurance coverages and indemnification as set forth in Attachment 2 to the RFP. SECTION 13: NON-DISCRIMINATION The CONTRACTOR shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the basis of race, color, creed, national origin, gender, age, sex, religion, sexual orientation, gender identification or disability and shall furnish evidence of compliance with this provision when so requested by the CITY. SECTION 14: CONFIDENTIAL AND PROPRIETARY INFORMATION Pursuant to Chapter 22 of the Iowa Code, all records of a governmental body are presumed to be public records, open to inspection by members of the public. Section 22.7 of the Iowa Code sets forth a number of exceptions to that general rule, establishing several categories of "confidential records". If CONTRACTOR desires any part of documents that it submits to the CITY to be given confidential treatment, then CONTRACTOR must conspicuously mark, or specifically designate in writing, any document or information that it desires to be treated as confidential. SECTION 15: CHOICE OF LAW; COM LIANCE WITH LAWS Except to the extent governed by federal law, this Agreement will be governed by and construed in accordance with the internal laws of the State of Iowa. CONTRACTOR shall comply with all applicable local, State of Iowa, and federal statues, ordinances, rules, and regulations, including but not limited to Medicare, Medicaid and HIPAA. SECTION 16: LEGAL ACTIONS; JURY TRIAL WAIVER The parties hereby agree and consent, with respect to any action to enforce or defend any claim, counterclaim, cause of action, or any matter arising from or in any way related to this Agreement, (0 to WAIVE ANY RIGHT TO A TRIAL BY JURY; (ii) to irrevocably submit to the jurisdiction of the Iowa District Court for Black Hawk County and the U.S. District Court for the Northern District of Iowa; (iii) to irrevocably waive, to the fullest extent possible, the defense of any inconvenient forum to the maintenance of any such action or proceeding; and (iv) not to institute any legal actio or proceeding against the other party or any of the directors, officers, employees, successors, assigns, agents or property of the other party, concerning any matter arising out of or relating to this Agreement, in any 3 Page 83 of 210 court other than one specified in this Section. Notwithstanding the foregoing, CITY may file suit in any court of competent j risdiction. Nothing in this Section shall affect or impair a party's right to serve legal process in any manner permitted by law. If the 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. SECTION 17: FORCE MAJEURE Neither party hereto will be liable for any failure or delay in performing under this Agreement where such failure or delay is due to causes beyond its reasonable control, including but not limited to natural disasters, acts or omissions of state or federal government, war, terrorism, labor strikes or difficulties, communications systems breakdowns, transportation stoppages or slowdowns, or the inability to procure supplies or materials. SECTION 18: NOTICES, PAYMENTS AND INVOICES Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight courier service, or by United States registered or certified mail, postage prepaid, to the following addresses, including a copy to be delivered by email: CITY Waterloo Fire Rescue Attn: Jason Hernandez 425 East 3rd Street Waterloo, Iowa 50703 P: 319.291.4460 E: jason.hernandez@waterloo-ia.org CONTRACTOR Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to a courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if ailed by United States registered or certified mail, postage prepaid. Either party may change the person or address listed above by providing written notice to the other party as set forth in this Section. Notwithstanding anything to the contr.ry in this Section, routine correspondence, invoices, payments and the like may be sent by first-class U.S. mail, except that electronic document shall be delivered by email. 4 Page 84 of 210 SECTION 19: MISCELLANEOUS TERMS (a) Amendments,. This Agreement shall not be amended, modified or supplemented without the written agreeme t of the parties. (b) Waivers. No waiver of any provision of this Agreement shall be effective unless set forth in writing signed by the party making such waiver, and any such waiver shall be effective only to the extent it is set forth in such writing. No waiver of default in any given instance shall constitute a waiver of any other or subsequent default. Failure by a party to insist upon full and prompt performance of any provision of this Agreement, or to take action in the event of any breach of any such provision shall not constitute a waiver of any rights of such party, whether with respect to such breach or to any later breach, and such party may at any time after such failure, subject to the notice requirements of this Agreement, exercise all rights and remedies available under this Agreement with respect to such breach. (c) Assignment. CITY may assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations hereunder without the prior written consent of CONTRACTOR. CONTRACTOR may not assign, delegate or subcontract any of its obligations hereunder without the prior written consent of the CITY; provided, however, that CITY hereby consents to CONTRACTOR's delegation or assignment of certain duties to those subcontractors that are identified in CONTRACTOR's RFP proposal, Attachment 6, as to those duties described therein. CONTRACTOR will be responsible for the proper coordination of the operations of all subcontractors engaged in relation to this Agreement. (d) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of each of the parties and their respective successors and assigns. (e) Severability. In the event any provision of this Agreement 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. In such event, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement in order to effect, to the maximum extent permitted by law, the purpose of this Agreement. (f) Relationship; Authority. Nothing contained in this Agreement will be deemed to create, or be construed as creating, a joint venture or partnership between the parties. Neither party is, by virtue of this Agreement or otherwise, authorized as an agent or legal representative of the other party. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party, or to bind such other party in any manner. (g) Headings. Headings and captions of the paragraphs of this Agreement are solely for the convenience of the parties an. are not an aid in the interpretation of this Agreement and do not constitute part of the agreement of the parties set forth herein. (h) Time. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Ambulance Billing Services by their duly authorized representatives as of the date first set forth above. [signatures on next page] 5 Page 85 of 210 CITY OF WATERLOO, IOWA [CONTRACTOR NAME] By: By: Quentin Hart, Mayor Attest: Kelley FeIchle, City Clerk Title: 6 Page 86 of 210 CITY OF WATERLOO Council Communication Resolution approving an agreement with Radio Communications of Waterloo, Iowa, in the amount of $68,455.89, in conjunction with the purchase and installation of a security camera system at the East Park Avenue Parking Ramp, and authorizing the Mayor to execute said document. City Council Meeting: 5/13/2019 Prepared: 5/7/2019 REVIEWERS: Department Information 1.ce Clerk Office ATTACHMENTS: Description Proposals SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Youngblut, llut, C,hris Even, I (.,,Ann Action .Approved Approved. Type Cover Date 5/8/2019 ,,,,,,, 10:3 6 A Resolution approving an agreement with Radio Communications of Waterloo, Iowa, in the amount of $68,455.89, in conjunction with the purchase and installation of a security camera system at the East Park Avenue Parking Ramp, and authorizing the Mayor to execute said document. Submitted By: Chris Youngblut, Director of Technology and Mark Boesen, Facilities Manager Approval Proposals were sought for security cameras to be installed at the East Park Avenue parking ramp. A number of criminal activities have occurred over the past year at the ramps and adding security cameras to this ramp and eventually others will undoubtedly prevent and solve some of this. In conjunction with the police department, facilities maintenance and the technology services (MIS) department, proposals were submitted and reviewed by the search team. After review, it was determined that Radio Communications provided the best solution. Their utilization of Axis brand cameras, the number and placement of cameras, and the solution to store video was the best fit for our environment. The Salient video storage solution is also being used by the Police Department already. $68,455.89 GO Bond Fund: 417-22-7960-2180 Goal 2 in the City of Waterloo strategic plan is to implement a community policing strategy that creates a safe environment in Waterloo. This re s o lutio n if approved would help to support this goal. Page 87 of 210 1,11'1'1 1111111111 ,1111(11 I / 1065 Sierra Ct NE Suite A Cedar Rapids, IA 52402 P: 319-739-0860 Sold To City of Waterloo Iowa 715 .Mulberry Street Waterloo, IA 50703 United States Number ate Terms Net 30 '101111 ,111 J11100111,,,,,1110,, T.10Q2608 Mar 26, 2019 Job Name East Park Ave .Ramp Cameras Part Number 19 3.0C-H4SL-D01-1R 14 12C-H4A-4MH-360 14 .H4AMH-AD-DOME1 14 H4AMH-AD-PENDI 14 Camera Mount H4-MT-POLE1 24C-ACC6-STD .8C-ACC6-STD 4C-ACC6-STD IC-ACC6-STD HD-NVR4-STD-48TB-NA 3 'Enclosure 8 H30-082-30 8 PSH-48-240 C50-082-30-130 SFP-ISX-X5 SFP-SX-X5 Description 3.0 MP, WD.R„ LightCatcher, .Day/Night, Outdoor Dome, 3-9.nun.171.4„ Integrated IR. 4x 3 MP, WD.R, LightCatcher„ .2.8.mr.„ Camera Only Outdoor surface mount adapter, must order either a H4AM.H.-DO-COVR1. or H4AM.WDO-COVR1-SMOKE. Outdoor pendant mount adapter, must order one of .IRPTZ-MNT-WALL1 or IRPTZ-MNT-NPTA1 and one of H4.AMH-DO-COV.R.1 or .H4A.MH-DO Pedant wall mount adapter. For use with '114 IR PT.Z or H4A-MH-AD-PEND1 on H4 'Multisensor. Pole mount adapter for use with H.4A-MT-WALL1. H4-B04BOXI„ H4SL, H4F, H4 .PTZ, H4 IR PTZ and H4 .M.ultisensor cameras. ACC 6 StaH:dard license for up to 24 camera channels ACC 6 Standard license for up to 8 catera channels ACC .6 Standard license for up to 4 camera channels ACC .6 Standard license for up to 1 car era channels HD NVR4 STD 48TB 2U Rack .Mnt., Windows 1.0 IoT LTSB Switch e 'closure Aetek Industrial Unmanaged 8-Port 30W PoE + 2-Port SFP PoE Switch. RHINO switching high -efficiency power supply, 48 V.DC (adjustable) output,'5A, 240W„ 120/240 VAC nominal input, I -phase, metal housing, I.P.20, .35mm. DIN rail mount, screw terminals, hazardous location rated Aetek Smart 8-Port 30W PoE + 2-Port SFP GbE Switch Aetek Industrial Gigabit SFP Transceiver (H30) .A.etek. Industrial Gigabit SFP Transceiver (C50) Installation hardware Total Labor Cabling Ext. Price $6,370.51 $15,688.26 $1,317.68 $1,317.68 $1,235.36 $105.88 $2,326.47 $779.41 $391.18 $108.82 $13,794.12 $1,058.82 $1,176.48 $1,468.24 $196.47 $25.88 $22.35 $1,587.26 $16,659.00 $35,866.67 Thanks for giving Inteconnex the opportunity to earn your business. This Quote is subject to and conditioned upon your acceptance of the Inteconnex Standard Terms and Conditions OviDyjnieconwsicom/inuxonnlm-mandarddermkconaitiona, Your signature constitutes acceptance. No amendment of such terms is permitted without the express, written agreement by Inteconnex. Any applicable Sales Tax not included. Phone # 319-739-0860 E-Mail Web Site Signature Printed Name Date PO Number cbrandhorst@inteconnex.com www,inteconne.„ SubTotal $101,496.54 To a Pageig of 210 Expect the Best" City of Waterloo East Park Avenue Parking Ramp Security Cameras Tab 3 Cost Proposal Page 90 of 210 F) Miscellaneous costs, expenses E) Implementation, configuration and training costs D) Equipment maintenance and support costs i 3,343.47 14 -I 1 0 o I4A )1 a 1 411 0 Miscellaneous costs and expenses Implementation, configuration, and training costs. No support costs 460 cro y W 0 to ■ 0 (' Co OD r I I 40 Co -69 ..a OD 40 Co 0) 40 wx� Co 0) 40 Co 4 40 0) Co !Co 0 m'm iD 0 3. 3. (D C)� 0� to ,0 {D 0) 0 i 'C 3 CD m CD 8 fia C C) Co sjsoo uo eti su (el 40 Co 0) 0 O 40 67,654.00 Installation of cabling, colnduit, cameras. II= 8 21 m C- 0) Cri �} 3 KH-3140-3-001-06 H4-mt-polel I PT-M fT-1 PTA1 IIPT-+INT WALLI I I]I-3. T O,, N I i ..,„43. �' 0 r-H4A-B1-1-B NVF 4-STD-4t -N Part Number 2.0-H4L-D1-1 R A) Equipment Avigilon E I i" , .1 . $ 248.00 $ 55.99 4..,o, <j1 {. — I C (n i $ 1,185.29 205.33 718.64 -- - - --- ------ ------ $ 14,590.59 0 I I i I IC. I �R U■ C • �.� 1 Iul 223.96 1,293.20 $ 248.00 111.98 479.08 $ 118,22 ..1. ...A. VI (]7 (0 0 N I Y co 4» 0 in $ 18,964.64 $ 3,28 .28 2,874.56 $ 14,590.59 Extended Cost 5,175.04 I I I Junction box for the H4A-BO-IR HD Bullet Cameras HP 24 port switches Pole ACC 6 Standard license for up to 8 camera channels and 5 - viewin _cli nt -------------------- ,all mount 3mp box camera -------------------------------- - - - -- ------ - - - -- -- - -- ----- --- -------------- pendant adpter — 360 camera 4x3mp with IR lR illuminator for 360 camera 5mp bullet camera with analytics and IR 48tb Standard server Description 2.0MP Outdoor dome camera with 1f it , 61.0Z 12Z qo e01 Material List (By Manufacturer) Page 91 of 210 PARKING,INC. 4 1 GRAND AVE. DES MOINES, IOWA 50309 March 26, 2019 Chris Youngblut Director of Technology Services City of Waterloo • 715 Mulberry Street • waterloo, Iowa 50703 Direct: 319.291.9 9 chris.youngblut@waterloo-ia.org City of Waterloo East Park Ramp Camera System Investment Summary Parking -Inc, Scope of Work Proposal Parking -Inc. will furnish and install all necessary materials, hardware, wiring and equipment to provide a complete turn -key Camera System featuring Vivotek Cameras. The following is a base system with the flexibility to add several modular components The following is the equipment listing and related installation costs. Product and system descriptions as well as the operational theory complete this document. Parking -Inc supplied Materials 20 VIVOTEK FD 3 2-ETV 5MP, 1 FP , H.2 4/MJPE C, REMOTE FOCUS, 4 VIVOTEK FE 3 1-EHV 5MP, 30 FPS, H.265 12 VIVOTEK IB8382-EF3 BULLET NETWORK CAMERA 5MP, 30M IR, WDR E Network Server 2 VIVOTEK Aw-GEV-2 A--3 0 24-PORT GBE R.(POE) +2-PORT GBE RJ45/SFP + 1-PORT RJ45 CONSOLE LAYER 2 1 HP Z2 G4 Workstation 1 Nema enclosure, camera mounting boxes and related conduit Installation Acti_v_itg • Install cameras throughout the garage, Elevator Lobbies, and setup NVR • Install new camera with surface mount enclosures with new CAT6 cabling. • Perform all system configuration and programming. • Test system, commission same and train key personnel 1 r an a illy Parking -Inc will provide for one (1) year parts warranty back by the manufacturer and labor 17,9 9.09 $9,444.00 $ 8,90 .00 Page 92 of 210 9 401 GRAND AVE. DES MOINES, IOWA 5 Investment Summary Materials Network Server Installation, Programming and Training Acceptance $ 17,959,00* $ 9,444.00* $ 8 900.00 Total $ 35,939.00 Proposal Pricing described herein is valid for one hundred and twenty days (120) days from this date. Terms are as follows: A deposit of $14,375.00 due at acceptance, $14,375.00 due at equipment arrival and start of construction with the balance of $7,189.00 plus any change orders due upon substantial completion. Proposed by: Parking Inc. Craig Buscher Name: Date Name: Date Accepted by: City of Waterloo Chris Youngblut 401 Grand Avenue • Des Moines, IA 50309 USA Page 93 of 210 (1) LISTED BY UNDERWRITER'S LABORATORIES, INC. urglar Alarm Fire Alarm Closed Circuit T,14, Access Control ystems, Commercial Telephone yste i. ox 2431 Waterloo Iowa 50704 Phone (319) 232-0490 Toll Free (8 0) 605-0490 March 25, 2019 City of Waterloo 715 Mulberry Street Waterloo IA, 50703 RE: REP- East Park Avenue Parking Ramp CCTV Project 1. Install one- Exacq Vision Network Video Recorder with 10 TB of storage in RAID 5 configuration. Includes 30 Professional IP camera licenses. 2. Install one- 8 port D-LINK POE network switch with fiber uplink 3. Install one- 12U indoor network cabinet. (Located in Blacks Building) 4. Install two- outdoor rated network enclosure with active cooling. 5. Install four- 8 port hardened D-LINK POE network switches with fiber uplink. 6. Install two- 480-Watt DC power supplies. 7. Install three- 1000VA UPS battery back-ups. 8. Install 900 feet- outdoor rated six stra d 0M3 fiber optic cable. 9. All required fiber terminations. 10. Install fourteen- Axis P3717-LVE IP cameras with arm bracket. 11. Install sixteen- Axis M3105-LVE IP cameras with conduit bracket. 12. All outdoor Cat6 cable, conduit, and labor to install the above system. 13. Hawkeye Alarms one-year warranty. Hawkeye Alarm's bid for the above system is $58,727.00 If you have any questions, please call me at 232-0490. Thank you. Submitted by, Ross Samek Hawkeye Alarm & Signal Company Page 94 of 210 1 \ Y COMPA LISTED BY UNDERWRITER'S LABORATORIES, INC. Burglar Alarm - Fire Alarm Closed Circuit TV., Access Control Systems, Commercial Telephone Systems P.O. Box 2431 Waterloo, Iowa 50704 Phone (319) 232-0490 Toll Free (800) 605-0490 Plan of Execution: See Drawing 1 Head End- Blacks Building 12u indoor network cabinet NVR UPS Modem/Router (Provided by Owner) - Network Switch - Fiber Connection Tray Cabinet 1- Center South Stair Tower, Level 3 - 20x16x11 NEMA rated enclosure with active cooling. 2- D-LINK hardened POE switches. - 1- DC power supply. Fiber Connection Box. Power provide from existing outlet circuit. Cabinet 2- Center North Stair Tower, Level 3 20x16x11 NEMA rated enclosure with active cooling. 2- D-LINK hardened POE switches. 1- DC power supply. Fiber Connection Box. Power provided from existing outlet circuit. High voltage considerations- - We ask that the city verify that the circuits powering the outlets located in the 3rd level stairwell, be able to handle approximately 4-5 additional amps of load at each location. This is assuming full POE load, which is not expected in this install. Cable Pathways: - Fiber to be in conduit from Black's Building, across skywalk, and into the parking ramp at level 3. Fiber to be flown through existing holes in pre -cast beams. Fiber will first terminate at South Center cabinet before extending to North Center cabinet. All camera cables to be flown in similar fashion through pre -cast beams when available. See Drawing 3 When cable must be run at a height of 8' or below, conduit will be used. Bid price includes standard E T conduit and standard compression fittings. Raintight fittings will be used when direct contact with the elements is expected. Cables will be routed between floors using exposed vertical pathways, all in conduit. If owner request all wiring to be protected by a metallic raceway, please add $6,500.00 to the base bid. Camera Installation: P3717 cameras to be mounted using pendant cap and wall mount accessories to allow just enough of the clear lens to hang below the beam structure. See Drawing 2 P3717's that are covering the top exterior decks will be mounted to the existing light poles. Only two cameras for this area. M3105 cameras to be mounted in stairwell ceiling corners to allow for best angle of view of the door and stairs. Page 95 of 210 T!AWk1HYL ALA S11iNAL C PA LISTED BY UNDERWRITER'S LABORATORIES, INC. Burglar Alarm - Fire Alarm Closed Circuit T. V., Access Control Systems, Commercial Telephone Systems P.O. Box 2431 Waterloo, Iowa 50704 Phone (319) 232-0490 Toll Free (800) 605-0490 NVR and Camera Licensing: NVR: 2U rackmount with 2x 10 TB HDD, Intel 17 processor and 8GB of RAM. NVR includes 30 professional camera licenses with 3 years of software updates. NVR has capacity for 50-60 cameras. After subscription ends,, software will still operate as normal. We have found that it is unnecessary to keep up the software subscription. If a time arises where the software must be updated, a short-term update fee of $120 will make the software subscription current until the next calendar quarter. 3-year warranty on NVR hardware. Benefits of our solution: Exacq Vision is already installed in several city facilities including the Water Works, Public Library, 5 Sullivan Center, Young Arena, and the Waterloo Schools Extremely easy to use and well -liked by all our customers. Highly reliable. Hawkeye Alarm is an ExacqVision Elite Dealer and are Axis Factory Certified. Cost Saving Options: -Use Axis M3058-PLVE fisheye in -place of P3717-LVE -Use Axis M3045-V in -place of M3105-LVE -Use standard rated D-LINK switches., Drawing 1: Typical Floor Layout ,e16,00. ore3 bAhee Ale ir,,,4v A „00,1, ,ereve10," bet 1 ri,oei eiro Deduct: $ 7,000.00 Deduct $ 2,500.00 Deduct: $ 2,000.00 binet2 rio,aristo,irwott ' ' 6,10..1,4111„„),.1,u1111101.,„!!IIII!..1111,!!!„1 geor Page 96 of 210 AWKt YE ALA Silo AL C MPANV LISTED BY UNDERWRITER'S LABORATORIES, INC. Burglar Alarm - Fire Alarm Closed Circuit T.V., Access Control Systems, Commercial Telephone Systems P.O. Box 2431 Waterloo, Iowa 50704 Phone (319) 232-0490 Toll Free (800) 605-0490 Drawing 2: Typical Multi -Imager Mounting ,,111111111 1„1„11„1„ Drawin. T IIEffilmo 11111111111111'11' 1, 11111VVVV1 11111111111111111 1111 1111V01IIIIIIII000!oovv 11111111111II11111111111111111111111111111111 11111111111:11:11'' 1,111111111,1,1111,1,111111,,,,,,,„1111,1,11,11,11111111 "110111,1,11,111,:11'1'10,,, cal Flown Racewa 11111hmmmmmmmmm iii111111111111111111111111, 111""11, 0111loll1110 11111111111111111 J1111100oHol 111111 h000hhl000000mlir00000000000nhl000000N0000000000000000000000000000000000000000T000i00000i00000000000000i000li00000000000000000lIl000l000 1000hhhimhohlhilhohoohoo01111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111„ 11111111 11111111,1111111111111111111 111111111111111111 0.1111111111111111111 VI 11111 111111111111111111111111111'1'u' V0101111011111011101110L,1011111,101101,11,11111VVVIIIVIIIIVIV4VIVVII 1111111111111111111111111111114 00 41111111111111 I111111111111111111111111111111111VIIIII'lliiIIIVIIV1111111111110 1111111111111111 4 11111 410,,1i( Iphoo ill0001111 111111111111 1111 001110011 11,11111111111111111111111111111111111111111111,11 1111111111111 111°°°11111111111111111111111111111111111110 11 olho, 11; Iholhilihh „„, ;!1111,1111111111111111,11;11 0001111111iihohoolilhilh holoh 00010011Luoholl11 11111111111111111111111111111111111111111111111111111111h1111111111111111111111hhhhhh111111111111111I11,11111111111111l0000hoholl0ihoh000uv1111111111111111y111111111 v111111111u!!!!:v11!„1:::::„Iy:1:.Ivv!ovooloomovoo 111111111111111111111111111111 1111 1111111111 Ihhooh1111010IIIIIIrlIIIIIIII0lilhohoodlohohohoii hii vo,11111„1,111,1111„11111111111 11111111111111111111111111111111111111111I11,1111111111111111111111 00000l000Hohillilliiii111111Ei iiiii1111 I hihihrh1h1hIllflo11111I11111111i IIIIIMIIIIIIIIIIII 111111111111 III I IIIIIIIIIIIIIIIIIIIIII' 111111111111111111111V1111111111111111111111111111111111111111111111111111,1\ 11111[1[1[11i',,,, 1111 loll,,,„11,11,1/11111„1111111„11,11r1„1,,„1111111„,,,„1,10,„,,,,,u,,,, 1,,,1 „i„1111,1,110 wool, 111111111111111 ,,,,u 011„Iluli?„ „1), 1111111111111111111111111111111111111111111111 0010 ,11,1111,41000000001 001011410 ,VVVVVVVIV0111\ii'llifill' 1!iv00000000000mm000000llLvl„v,v,vvoiiviv',00 ,I,v,,111,11111111111 11,1111111111111,01 11 VII VV11,1 111111111111111111111111111vvIv1v1vvvIv„IvIlvIviv,,liviv1,1"10,,vi,v„,,,,,w 1111111111ovvovVVVVVVVVVVVVVVIVIVVVVV,V1.ovo, 1111111111111111111111 1,0 111111111111111111 000000000000m00000mm 000000l0000000000000 1111111111111111 1111111111111111111111111111111111111111111, 1, 1111,1111111, 1111111111111111111111111111111111111111 11411,11,114 olloopoopooloo .0001111111111111110,001,111,1111111111 1,1 111111111111111 111,11,1111/111111'1111111,1'111'1'lliinvvv.v111111V11111111111,1Vii114114' ,1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111 .0vvoliovivio00000 1111111111 00 000110.0„,001 ;,iiire110011(???, , 01014040 l'n111111loop000 opolon " l'flu'uuuuu° „„„„0.10V000000y000000000y0y0y0y0y0y0y0 0000 ,,,,,,00000000000000000000 Page 97 of 210 TEMS L adio Communications 1,1,11,1110,111,011,101,00,00r100 Name City of Waterloo, Iowa Attn: Chris Youngblut or Mark Boesen Address: 715 Mulberry Street Address:2 City: Waterloo 14 15 1:6, 17 County Account #: ST: Iowa ZIP: 50703 Phone: 319-291-4 22 EX3065 Fax: 0 EL P3375-LVE M3058-PLVE T94NO1D NPN P3375-LVE Notes or Seecial In ructions: 1657 Falls Ave Phone: 319-234-3511 Waterloo, IA. 50701 Fax: 319-233-8292 Order Line: 800-728-2929 'Z1 Tracking # Sales Order: Invoice ye. arki Ramp Security Ca ireless to City Hll REV 3 Page 1, Continued on Page 2 19050,3-1 1 Trackin Date: S.O. Date: Invoice Date: ,,,,,,,,.11,11.11111.111.11111111111 1111111111111 DESCRIPTION Camera I Level B Stairwell 3 AXIS Dome Camera with Varifocal Lens Camera 2 Level B Parking Area AXIS 360 Camera with IR 12 MP with Look Down AXIS Pendant Mount Pipe Mount Camera 3 Level B Stairwell 2 AXIS Dome Camera with Varifocal Lens Ties -Vapor Wrap -Shop Tools-Ect Because of the length of CAT 6 cable we had to incorporate the NVIs into the design. Delivery: 2-3 Week(s), ARO. Delivery is based on manufacturers estimates and is subject to change. Project: Security -CCTV BY: Dave Burger E-Mail: Dave rcsystems.com Visit our website: wwmrcsystems.com UNIT RICE 861.64 732.27 75.65 50.00 861.64 ras 11,11,11M1111 5161201 9 TOTAL PRICE 861.64 732.27 75.65 50.00 861.64 225.00 225.00 Page Total Total Add! Pages Total All Pages $2,806.20 65,462.69 $68,268.89 SUB TOTAL $68,268.89 SALES TAX EXEMPT SHIPPING 187.00 Terms: Net-30 P.O Number: Down Paymit P.O. RCSystems R dlo Communic tion Co, Inc, & MWSN, will assume Disclaimer,: NO Liability as a r suit of Equipment failure and/or lo of service Email; Accepted by: 1/11/1111... Name Date PROPOSAL Valid for: 60 Days L:Vroposals)Biack HawMaterloolWaterloo PDPolice DepR2019East Side Parking Ramp Projettnamp FinaitRamp Quote Wireless to City Hall for REAggv9,7 of 210 00000000000YY00.00,00000000.0000.000 00000*000.0000.00111.M 000090W000 24 25 ,,00,000 000 CS YS .71 E M S „ . 0,.001401001 Radio Communications v Name City of Waterloo, Iowa ..0000000mmm.000000.000.0000 " Attn: Chris Youngblut or Mark Boesen Address: 715 Mulberry Street Address:2 City: Waterloo ST: Iowa ZIP: 50703 Phone: 19-291-4522 EX3065 Fax: QTY ODE e v. East lark Tracking # Sales 'der: Invoice 'SCRIPTION Camera 4 Level B Parking Area Waterloo IA. 50701 Parkin VIVir leJs t -ontintie 19050311 M3058-PLVE AXIS 360 Camera with IR 12 MP with Look Down T94NO1D AXIS Pendant Mount NPN Pipe Mount p Security Ca eras at3 0010000,00000000.0110000.0.01001.00.10,10,0100J000010010N Tracking Date: 5 SO. Date: P.0900000000001000100000000010 /2019 Invoice Date: UNIT P CE TOTAL PRICE 732,27 Camera 5 Level A New Stairwell Number 4 P3375-LVE AXIS Dome Camera with Varifocal Lens 75.65 50.00 Camera 6 Level A Parking Area M3058-PLVE AXIS 360 Camera with IR 12 MP with Look Down T94NO1D 861.64 732.27 AXIS Pendant Mount NPN Pipe Mount 75.65 50.00 Camera 7 Level Parking Area M3058-PLVE AXIS 360 Camera with IR 12 MP with Look Down 4N01D AXIS Pendant Mount NPN Pipe Mount P3375-LVE P3375- VE Camera 8 Level A Stairwell 1 AXIS Dome Camera with Varifocal Lens Camera 9 Level D Stairwell 3 AXIS Dome Camera with Varifocal Lens 732.27 75.65 50.00 Terms and Conditions Listed on Page one will apply to this and all additional pages. 861.64' 861.64 861.64 Initials Date: L:\ProposaiskEllack Hawk‘Waterloo\Welerloo PD1Police Deptl2019‘Eas1 Side Parking Ramp ProjectRemp Final\Ramp Quote Wireless to City Hall for REag 90' of 210 " ....,"..,...1......W.M.11.1..........111111111...,.....li....11111111111..1111111111111111111111......111111111111111111111111111111111,4.11111111111111111111111111., WIWWWWWW.1.1111111.1111111,111111111111111.11,111111111111111111111.WW.. ')111, I'', 11 1111,1,111111111111111111.1, 1:111111„11„„„„„,„„,r 111 '1111111,111I1111111111,11'1111111111,11, CS Y' S '"7 14' S ,,,,,ROMPANNE adio Communications Name City of Waterloo, Iowa Attn: Chris Youngblut or Mark Boesen Address: 715 Mulberry Street Address:2 City Waterloo ST: Iowa ZIP: 50703 Phone: 319-291-4522 EX3065 Fax: 2 14 16 17 18 32 34 35 E Ea Waterloo, IA. 50701 ark A e. Par ing Ramp Security 1111111 W 1111111111111. 111111111111111111111111111111111111111111111111111111111. 11111111 ckhiy # Sales Order: involc reless to City 11. II REV 3 Poge 3 Confirm ,d on 19050311 Camera 10 Level C Parking Area 1 M3058-PLVE AXIS 360 Camera with IR 12 MP with Look Down 1 T94NO1D 1 NPN M3058-PLVE T94NO1D AXIS Pendant Mount Pipe Mount Tracking Date: 5.0. Date: nvoice Date: UNIT RICE s 5. 6/2019 TOTAL PF,;',10E Camera 11 Level D Parking Area 732.27 75.65 732.27 75.65 50.00 AXIS 360 Camera with IR 12 MP with Look Down AXIS Pendant Mount Pipe Mount 50.00 732.27 732.27 Camera 12 Level D Stairwell 2 AXIS Dome Camera with Varifocal Lens 75.65 50.00 75.65 50.00 Camera 13 Level D Drive Thru 861.64 861.64 M3058-PLVE AXIS 360 Camera with IR 12 MP with Look Down T94NO1D NPN AXIS Pendant Mount Pipe Mount 732.27 75.65 732.27 75.65 50.00 Camera 14 Level C Stairwell 4 50.00 P 375-LVE AXIS Dome Camera with Varifocal Lens 861.641 Camera 15 Level C Parking Area 861.64 M3058-PLVE AXIS 360 Camera with IR 12 MP with Look Down T94NO1D AXIS Pendant Mount NPN Pipe Mount 732.27 75.65 50.00 732.27 75.65 50.00 All Terms and Conditions Listed on Page one wil a v to this and all additional pages. Initials Date: 1.:1Proposaisaaok FiewidWaterlooMaterloo PD‘Police Dept Side Parking Ramp Project Ramp FinariRamp Quote Wireless to City Halt for RE 0 - 41,Q0 of 210 4 9 10 11 21,8 29 '0 31 32 111.11.01 1.111, 11.11 CS YS TE 1 adio Cornrnunkation 7omptis Name City of Waterloo, Iowa Attn: Chris Youngblut or Mark Boesen Address: 715 Mulberry Street Address:2 City: Waterloo sr Iowa ZIP: 50703 Phone: 319-291-4522 EX3065 MODEL 058-PLVE T94NO1D NPN 75-LVE 75-LVE 75-LVE 3056-PLVE T94NO1D NPN M3058-PLVE T94NO1D NPN P3375-LVE East Pa Tracking Sales Order: Invoice # DESCRIPTION Camera 16 Level D Parking Area p11.11 AXIS 360 Camera with IR 12 MP with Look Down AXIS Pendant Mount Pipe Mount Camera 17 Level C Stairwell 1 AXIS Dome Camera with Varifocal Lens Camera 18 Level F Walk Way IS Dome Camera with Varifocal Lens Camera 19 Level F Stairwell AXIS Dome Camera with Varifocal Lens Camera 20 Level F Parking Area AXIS 360 Camera with IR 12 MP with Look Down AXIS Pendant Mount Pipe Mount Camera 21 Level E Parking Area AXIS 360 Camera with IR 12 MP with Look Down AXIS Pendant Mount Pipe Mount Camera 22 Level F Stairwell AXIS Dome Camera with Varifocal Lens AllTerms and Conditions Listed on Pa e one will a Waterloo, IA. 50701 ve. 'arking Hi p Security Cameras ireless to City Hall RE NaL5. Ace 19050311 to this and all additional 11;1, 1 T rac ki g Date: S.O., Date: Invoice Date: UN T RICE 732.64 75.65 50.00 861.64 861.64 861.64 732.27 75.65 50.00 732.27 75.65 50.00 861.64 5/612019 732.64 75.65 50.00 861.64 861.64 861.64 732.27 75.65 50.00 732.27 75.65 50.00 861.64 Initials Date: LAProposatsOack HawidWateriod\Waterloo PD1Police Deptii2019\East Side Parking Ramp Projeci\Rarnp FinattRamp Quote Wireless to City Hall for REagejal of 2 1 0 1,11,111,111,11 YSTEMS 732.27 732.27 75.65 75.65 50.00 50.00 '11111111111111111111111 1110000,,,,,,,„11110 C ,Radio communications CcpIfl Name City of Waterloo, Iowa Alin: Chris Youngblut or Mark Boesen Address: 715 Mulberry Street Address:2 City. Waterloo Sr Iowa ZIP: 50703 Phone: 319-291-4522 EX 06Fax: M3058-PLVE 1194NO1D NPN Rev Waterloo. IA. 5 701 Park Ave. Parking Ramp Security Ca tireless to City Hall REV 3 Epp PagLet.5 Trackin # Sales Order: Invoice # IESCRIPTION Camera 23 Level F Parking Area 19050311 AXIS 360 Camera with IR 12 MP with Look Down AXIS Pendant Mount Pipe Mount Tracking D te: S.O. Date: nye c Date: Camera 24 Level E Parking Area 058-PLVE AXIS 360 Camera with IR 12 MP with Look Down T94NO1D AXIS Pendant Mount Pipe Mount .1111111111111111.111111111.1. 5/6/2019 732,27 732.27 75.65 75.65 50.00 50.00 732.27 732.27 75.65 75.65 Camera 25 Level E Stairwell 4 50.00 50.00 P3375-LVE AXIS Dome Camera with Varifocal Lens M3058-PLVE T94NO1D NPN M3058-PLVE T94NO1D Camera 26 Level E Parking Area 861.64 861.64 AXIS 360 Camera with IR 12 MP with Look Down AXIS Pendant Mount Pipe Mount Camera 27 Level F Parking Area AXIS 360 Camera with IR 12 MP with Look Down AXIS Pendant Mount NPN Pipe Mount P3375-LVE 732.27 75.65 50.00 732.27 75,65 50.00 Camera 28 Level E Stairwell I AXIS Dome Camera with Varifocal Lens All Terms and Con ions Listed on Page one will apply to this and all additional pages; 861.64 861.64 Initials Date: LAProposal I ck HawkiWatedooMateriloo PDPolice Depri20191East Side Parking Ramp Project\Ramp FinalliRamp Quote Wireless to City Hall for Re a411Q2 of 210 CS Y S TE adio ,Communications Name City of Waterloo, Iowa Attn: Chris Youngblut or Mark Boesen Address: 715 Mulberry Street. Address:2 City: Waterloo Iowa ZIP: 50703 Phone: 319-291-4522 EX3065 Fax: L# QTY 3 4 18 19 2 29 34 35 2 Re MODEL Waterloo, IA. 50701 .**** East Pa,: Ave. Parki ‘g Ramp Security Ca, ireless to City Hall P99e 6 Tracking # Sal os Order: nvolce DESCRIPTION 19050311 Tracking Date: 50. D 41, as 5/6/2019 Invoice Dat UNIT PRICE TOTAL, PRICE Camera 29 Level H Stairwell 3 P3375-LVE AXIS Dome Camera with Varifocal Lens P1448-LE T94F01M P3375-LVE P1448-LE T94F01M P3375-LVE P3375-LVE P1448-LE T94F01M 861.64 Cameras 30 and 31 Level H Top Level Covering, Top Parking AXIS Bullet Camera with 4k Technology Mounting Plate Camera 32 Level H Stairwell 2 AXIS Dome Camera with Varifocal Lens 861.64 818.52 1,637.04 24.65 49.30 861.64 861.64 Camera 33 and 34 Level G Top Level Covering Top Parking AXIS Bullet Camera with 4K Technology Mounting Plate 818.52 1 637.04 24.65 49.30 Camera 35 Level G Stairwell 4 AXIS Dome Camera with Varifocal Lens Camera 36 Level G Stairwell 1 AXIS Dome Camera with Varifocal Lens 861.64 861.64 861.64 Cameras 37 and 38 Levels A and B Vehicle Entry Cameras AXIS Bullet Camera with 4K Technology Mounting Plate All Terms and Conditions Listed on Page one will a Div to this a d 861.64 818.52 24.65 1,637.04 49.30 additional pages. Initials Date: ILAProposals‘Black HawidWaterteetiWaterloo 'POTelice Dept‘2019kEast id'e Parking. Ramp Project‘Rarap Finalkliamp Quote Wireless to City Hall for RPoageavl of 21 0 ..IMMIIIIIIIIIIMMMMMMM.M.MMMMmMMM.M.MMMMMMMMMMMMMMMMIMMMMMMM.MMMM.M. CSYST MS ,Radio CommunicationsCwo Name City of Waterloo, Iowa min: Chris You gblut or Mark Boesen Address: 715 Mulberry Street Address:2 City: WaterlooIowa ZIP: 50703 Phone: 319-291-4522 EX30 5 Fax: ODE 2 4 Head End Equijment Vliaerioo, IA. 50701 4 ast Park Ave. arking R mp Security Cameras 'areless to City Hall REV 3 E2r7 Tracking # Sales Order: 1905031 1 Tracking Pat Invoice DE CR PT1ON Salient Power Plus Salient Server with 40T6 Hard Drive Storage 38 SJ-CE1 Salient Video Management Camera Licenses S.O. Date: 5/6/2019 invoic ate: UNIT P IC " TOTAL PR CE 10,755.88 10,755.88 5 US-48-750W Ubiquiti Switch to Connect Cameras to Network and Power 6 16000 Feet of Cat6 Outdoor Data Cable to Power and Network Cameras on the Outside Installation of Cable and Equipment 125.63 4,773.94 1 025.00 5,125.00 Programming and Networking New and Existing Equipment T-1 Training on Equipment and New Server NPN NV-FLXLK-BSE 0.30 65.00 4,800.00 6,500.00 85.00 85.00 1,700.00 425.00 Switch Cabinet to House Switches and POE Supply 176.00 704.00 NVT Cat6 Extender Base NV-FLXLK NVVT Cat6 Exender for Camera End 316.00 316.00 368.00 368.00 All Terms and Conditions Listed on Page one will apply to this and all additional pages. Initials Date: LAProposals),Black HawkiWatertooMaterloo PD1Police Dept\2019‘East Side Parking Ramp Project\Ramp Finaliflarnp Quote Wireless to City Halt for RE ,e,4104 of 210 CITY OF WATERLOO Council Communication Resolution approving a lease agreement with C & S Car Company for a 2019 Subaru Outback, VIN #4S4BSAHC0K3348336, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. City Council Meeting: 5/13/2019 Prepared: 5/10/2019 REVIEWERS: Department Reviewer Action Date W Po c part � ei .�d veny Approve5/10/2( „w ATTACHMENTS: Description I...."ease A....greern en t SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type B acIui a maI. Resolution approving a lease agreement with C & S Car Company for a 2019 Subaru Outback, VIN #4S4BSAHC0K3348336, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. Submitted By: Dave Mohlis, Police Captain Request that the City Council pass a resolution authorizing Mayor Hart to sign the lease agreement with C & S Car Company for a 2019 Subaru Outback vehicle to be used by the School Resource Officers for a 6 month period at no cost to the city. This is a 6 month lease to supply a vehicle to the School Resource Unit of the Waterloo Police Department. C & S Car Company has donated the use of a new vehicle for many years to the Police Department to be used the School Resource Unit. None None N/A This is an in kind donation by C& S Car company without this lease we would have to supply a squad car to the School Resource Unit which could cause a shortage of squad cars during special events. Background Information: N/A Legal Descriptions: 2019 Subaru Outback VIN#4S4BSAHC0K3348336 Page 105 of 210 AUTOMOBILE LEASE AGREEMENT This Agreement is made and entered into this 10th day of May 2019, by and between C & S Car Company Hyundai Mazda Subaru, with its principal place of business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715 Mulberry Street, Waterloo, Iowa, 50703. RECITALS WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of selling motor vehicles; and WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing to the City's Police Department, a 2019 Subaru Outback, VIN # 4S4BSAHC0K3348336 WHEREAS, City is in need of a vehicle for the purposes of its Life Skills Program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TERMS 1. LEASE. The Lessor leases to the Lessee the motor vehicle described above from May 10th 2019, to November 10th 2019, unless the Lessor shall extend this Lease Agreement. 2. VEHICLE USE. (a) The Lessee shall not use or permit any leased vehicle to be used for any illegal purpose or for the transportation of any material deemed extra hazardous by reason of being explosive or flammable. The Lessee shall reimburse the Lessor for all damages sustained by the Lessor as a result of such use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any governmental agency, or other expense incurred as a result thereof, whenever such confiscation or expense is caused by the illegal use of such vehicle by the Lessee. (b) Without the permission of the Lessor, the Lessee shall not leave the State of Iowa with the leased vehicle. (c) The Lessee shall not overload the leased vehicle beyond its specified carrying capacity nor operate the vehicle on flat or insufficiently inflated tires. 1 Page 106 of 210 (d) The Lessor shall not be responsible for loss or damage to any goods or other property placed or carried in any leased vehicle arising from any cause whatsoever. (e) The Lessee shall not accrue more than 4,000 miles on the vehicle in any six (6) month period. 3. OPERATION. (a) The leased vehicle shall be operated by a safe, competent, and duly licensed driver selected, employed, and under the supervision of, and paid by the Lessee. Upon the Lessor's complaint specifying any reckless, careless, or abusive handling of any vehicle by a driver, the Lessee shall investigate the complaint, and if warranted, remove the driver and replace him or her with a competent substitute. (b) The Lessee and its drivers shall be solely responsible for individual fines and penalties for parking or traffic violations. If the Lessor is required to pay any fine or summons, it may bill the Lessee for them. 4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of maintaining the leased vehicle in good and operating condition. If the necessary repairs exceed the amount of $100.00 in any one given month, the Lessee will first consult the Lessor whose written instructions with regard to repair will be followed. 5. LIABILITY. The Lessee shall be liable for all damages caused by collision, upset, or overturn of the leased vehicle and all damaged caused by each instance of a hazard covered under standard comprehensive fire and theft coverage. 6. INSURANCE. (a) The Lessee, at its own expense shall insure the leased vehicle against all loss and carry liability insurance in limits of not less that $1,000,000 for any one person injured or killed, not less than $1,000,000 for more than one person in any one accident and not less than $100,000 for damage to property of others in any one accident. (b) The Lessee shall comply with all the terms and conditions of the insurance policies covering the leased vehicle and give the Lessor and the appropriate insurance carrier, within 24 hours of any accident involving a leased vehicle, a written report of such accident. The Lessee shall cooperate with the insurance carrier and the Lessor in the prosecution and defense of any and all claims arising out of the use of the leased vehicle. (c) The parties agree that the comprehensive coverage of the policy as to collision and other damages may be provided by the Lessee through its own self - insured program. 2 Page 107 of 210 7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall: (a) Notify the Lessor immediately as to any damage caused to the leased vehicle; (b) Periodically wash the leased vehicle, and keep it clean, both inside and out; (c) Supply the necessary gasoline, oil, with Hyundai oil filter and lubricants for its operation; (d) Check the leased vehicle for antifreeze and oil and add, if necessary; the Lessee will be solely responsible for damages caused by lack of oil, lubricants, or antifreeze; (e) Check the tires of the vehicle for proper inflation; the Lessee will be solely responsible for tire damage due to improper inflation; (f) Carry sufficient Workers' Compensation or other work -related injury/disability insurance coverage for the Lessee's drivers and other employees operating the leased vehicle. 8. LICENSE AND REGISTRATION. The leased vehicle shall bear a license plate, and title to it shall be registered in the name of the Lessor. All expenses incurred in licensing and registering the leased vehicle shall be borne by the Lessee. Lessor shall license the vehicle in its name, and Lessee shall furnish a copy of the title, lease agreement, application for registration, and state plates to the Iowa Department of Transportation. 9. OWNERSHIP. This is a lease contract only and the Lessee acquires no ownership, title, property rights, or interest in or to the leased vehicle, except that which is consistent with the provisions of this Lease Agreement. 10. RETURN. Upon the termination of this lease, the leased vehicle, at the expense of the Lessee shall be returned to the Lessor's place of business in good condition, reasonable wear and tear excepted. Lessee will be responsible for removal of any logos added to the vehicle. 11. INSPECTION. The Lessee shall permit the Lessor and/or its agents at all times to inspect and examine the leased vehicles and permit the Lessor at any time to replace any such vehicle with one of like make and body. 12. EXTENSION OF THE LEASE TERM. On May 12, 2015, the Lessor may opt to extend the lease by an express written amendment to this Lease Agreement. If the Lessor does not exercise the option, the lease will terminate and the City shall return to the Lessor the vehicle excluding ordinary wear and tear for the purpose which 3 Page 108 of 210 it is used. The Lessor agrees that the City may affix the SRO (School Resource Officer) logo by paint or otherwise and any other body and paint modifications approved by the Lessor at the time of the initiation of this lease agreement. 13. Without the prior permission of the Lessor, the Lessee shall not be permitted to assign or sublet the vehicle. 14. WAIVER. The failure of either party in any one or more instance to insist upon the performance of any of the terms, covenants, or conditions of this lease, or to exercise any right or privilege in this lease conferred, or the waiver of any breach of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of which shall continue and remain in full force and effect, as if no such forbearance or waiver had occurred. 15. INDEMNITY. The Lessor does not assume any liability for any acts or omissions of the Lessee or the Lessee's drivers, agents, or employees. The Lessee hereby releases the Lessor and agrees to indemnify the Lessor and hold it harmless from any and all claims against the Lessor of any kind or nature whatsoever, arising out of or resulting from the use and/or operation of the leased vehicle by the Lessee, including any expenses and attorney's fees which the Lessor may incur in defending any such claims, except such claims or portions thereof as are covered by applicable insurance as otherwise herein provided. 16. BINDING EFFECT. This lease shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. The Lessee may not assign, pledge, or otherwise encumber this lease or any interest therein or sublet the leased vehicle without the Lessor's written consent, nor shall the Lessee encumber or otherwise cause any lien to be placed against the leased vehicles, or abandon or conceal the leased vehicles. 17. ENTIRE AGREEMENT. This lease represents the entire agreement between the parties. All prior negotiations have been merged into this lease and there are no understandings, representations, or agreements, oral or written, express or implied, other than those set forth herein. This lease shall not be modified or amended except by an agreement in writing signed by the parties. 18. NOTICES. All notices required to be given under the terms of this lease shall be in writing and shall be sent by United States registered mail or certified mail addressed to the party to be notified at its address as above stated. For the Lessee, Chief of Police or Captain Mohlis, Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, telephone number (319) 291-4339. For the Lessor, George Cooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321. 4 Page 109 of 210 19. GOVERNING LAW. This lease shall in all respects be governed by and construed in accordance with the laws of the State of Iowa. 20. HEADINGS. Headings in this lease are for convenience only and shall not be used to interpret or construe its provisions. 21. COUNTERPARTS. This lease may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. DATED this _10th day of May, 2019. CITY OF WATERLOO, IOWA The Lessee By: Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of May 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal affixed to the foregoing instrument is the corporate sale of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of May 2019, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 5 Page 110 of 210 C & S CAR COMPANY HYU N DAI MAZDA SUBARU The Lessor By: STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of May, 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 6 Page 111 of 210 CITY OF WATERLOO Council Communication Resolution approving renewal of contract with Delta Dental of Iowa, in the amount of $4.61 per contract for administration of the Employee Dental Care Benefit Plan from July 1, 2019 through June 30, 2020, and authorizing the Human Resources Director to execute said document. City Council Meeting: 5/13/2019 Prepared: 5/8/2019 REVIEWERS: Department Reviewer Action Date Human Resources Dunn, I.....,an.ce Approves 2 . 11 .:4-3 Clerk Office ce Even, L c. ii .n. A..pproved ATTACHMENTS: Description 0 Council Co Mcation SUBJECT: Type Backup at ri . Resolution approving renewal of contract with Delta Dental of Iowa, in the amount of $4.61 per contract for administration of the Employee Dental Care Benefit Plan from July 1, 2019 through June 30, 2020, and authorizing the Human Resources Director to execute said document. Submitted by: Submitted By: Lance Dunn, Human Resources Director Recommended Action: Approve Contract Page 112 of 210 DELTA DENTAL Experience Period Claims Paid 1/1/18 through 12/31/18 Claims Paid 1/1/18 through 12/31/18 Adjustment of Claims to Incurred Basis Incurred Claims Trend in Claims Projected Claims Based on Current Experience Claims and Enrollment Fluctuation Adjustment Projected Annual Claims Based on Current Enrollment Fixed Fees Operating Costs Broker Fee Subtotal Fixed Fees Projected Annual Expense City of Waterloo Group # 32559 Rating Period 7/1/19 through 6/30/20 Financial Exhibit $551,963 $17,071 $569,034 $34,483 $603,517 ($47,032) $555,686 Per Contract $4.61 $35,460 $0,00 $O $4,61 $35,460 $591,146 1 acknowledge acceptance of this renewal at the rates shown above, Percent of Pre titan Contribtited by Employer: Single % Family Total FA loyees EnrolledV Total Employees Eligible: 60/ Signature Please sign and return to fax # 888-337-5157 ofGroup Administrator E-Mail Address DELTA DENTAL OF IOWA Delta Dental PPO'" Current Enrollment Single Family 149 492 Projected Claim Factors 7/1119 through 6130/20 auk Family, $27.04 $85.93 Fixed Fees Cost Per Contract Current Renew $4.46 $4.61 Suggested Rates 7/1/19 through 6/30/20 $28.76 $91.42 Date Page 113 of 210 A ioyo)'' QUENTIN HART COUNCIL MEMBERS • • • • • • • • • it • • • I.VIARGARET KLEIN Wardl BRUCE JACOBS Ward .2 'PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY "FEUSS Ward 5 SHARD. JUON At -Large STEVE SCUM ITT At -Large 11 '1111 M p 715 Mulberry St. • Waterloo, IA .5070.3 Phone (319) 291-430 ' Fax (319) .291-4569 May 13, 2019 Mayor and City Council I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss Fees, and Delta Dental Fixed fees. The one year agreement for covered employee and retiree plans will be effective July 1, 2019. It is anticipated that the cost for the Wellmark administration, network access and stop loss premium will be $1,465,776 at the end of this fiscal year. The Delta Dental fixed costs are projected to be $35,460 at the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending on the number of actual employees and dependents covered and the number of claims filed by the health and dental insurance plans Lance Dunn Human Resources Director Cc: file WE'RE WORIUNG FOR YOU! An Equal Opportunity/Affirmative Action Employer. Page 114 of 210 CITY OF WATERLOO Council Communication Resolution approving renewal of contract with National Insurance Services for administration of the Employee Life and Long Term Disability Benefit Plan from July 1, 2019 through June 30, 2020, and authorizing the Human Resources Director to execute said document. City Council Meeting: 5/13/2019 Prepared: 5/8/2019 REVIEWERS: Department Reviewer Action Date Human Resources Dunn, I.....,ance Approve5 8 11 .:4.7 A Clerk Office Even, L c. ii:.:n Approved �: ii � 5/8201.9 12:17i) ATTACHMENTS: Description 0 Council Co Mcation SUBJECT: Type Backup at ri . Resolution approving renewal of contract with National Insurance Services for administration of the Employee Life and Long Term Disability Benefit Plan from July 1, 2019 through June 30, 2020, and authorizing the Human Resources Director to execute said document. Submitted by: Submitted By: Lance Dunn, Human Resources Director Recommended Action: Approve contract. Page 115 of 210 Corporate Headquarters 250 South Executive Drive Suite 300 Brookfield, WI 53005 January 31, 2019 City of Waterloo Attn: Lance Dunn 715 ulberry Street Waterloo, IA 50703 Re: Life and Long -Term Disability Renewal Dear Lance, The City of Waterloo's Life and Long -Term Disability Insurance policies with Madison National Life Insurance Company, Inc. (MNL) renew on July 1, 2019. 1 am pleased to inform you that MNL has determined that your rates will remain the same and are guaranteed for one year, until July 1, 2020. Current Rate Long Term Disability .36% (.0036) of covered payroll Basic Life SO.19 per1,000 *asic AD&D $0.03 per $1,000 Employee Supplemental Life $0.27 per $1,000 Spouse Supple ental Life Current age rates Dependent Basic Life $1.50 per unit The City of Waterloo's Administrative Services Only Agreement for LTD for Sworn Police and Fire Employees is in a rate guarantee until July 1, 2020. We truly appreciate your business and the opportunity to negotiate on your behalf! Please sign the bottom portio of this letter as your acceptance of this renewal and return to me. Sincerely, Megan cK n Account Representative mmckown@nisbenefits.com Indiana Office 9100 Meridian Square 50 Eost 91st Street Suite 315 Indianapolis, IN 46240 Michigan Offices 3'10 East Michigan Avenue Suite 503 Kalamazoo, MI 49007 43120 Utica Rood Suile 400 Sterling Heights, MI 48314 Minnesota Office 14852 Scenic Heights Rood Suite 210 Eden Proirie, MN 55344 The renewal as outlined above is accepted. Signature and Title Date Nebraska Office 9202 West Dodge Road Suite 302 Omaha, NE 68114 Pennsylvania Office 90 West Chestnut Street Suite 210 Washington, PA 15301 MI \ 18„..81, n H n t„) 11888 88 \tap n • A ioyo)'' QUENTIN HART COUNCIL MEMBERS • • • • • • • • • it • • • I.VIARGARET KLEIN Wardl BRUCE JACOBS Ward .2 'PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY "FEUSS Ward 5 SHARD. JUON At -Large STEVE SCUM ITT At -Large 11 '1111 M p 715 Mulberry St. • Waterloo, IA .5070.3 Phone (319) 291-430 ' Fax (319) .291-4569 May 13, 2019 Mayor and City Council I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss Fees, and Delta Dental Fixed fees. The one year agreement for covered employee and retiree plans will be effective July 1, 2019. It is anticipated that the cost for the Wellmark administration, network access and stop loss premium will be $1,465,776 at the end of this fiscal year. The Delta Dental fixed costs are projected to be $35,460 at the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending on the number of actual employees and dependents covered and the number of claims filed by the health and dental insurance plans Lance Dunn Human Resources Director Cc: file WE'RE WORIUNG FOR YOU! An Equal Opportunity/Affirmative Action Employer. Page 117 of 210 CITY OF WATERLOO Council Communication Resolution approving renewal of contract with Wellmark Blue Cross Blue Shield of Iowa for administration of the Employee Health Care and Prescription Plan from July 1, 2019 through June 30, 2020, including administrative fees and stop loss insurance in the amount of $1,465,776, and authorizing the Human Resources Director to execute said document. City Council Meeting: 5/13/2019 Prepared: 5/8/2019 REVIEWERS: Department Reviewer Action Date lui.an ResDunn, , .I...dance Approv1 5/8/2019 ,,,,,,, 11.. 47 A Clerk::. Office Evert, I.,c, nFirm.. Approved. 5/8/20 .9 ....., 2: 8 P ATTACHMENTS: Description 0 Council 1 mnicati.oIr.. SUBJECT: Type ::: ac {: u t ri._ . Resolution approving renewal of contract with Wellmark Blue Cross Blue Shield of Iowa for administration of the Employee Health Care and Prescription Plan from July 1, 2019 through June 30, 2020, including administrative fees and stop loss insurance in the amount of $1,465,776, and authorizing the Human Resources Director to execute said document. Submitted by: Submitted By: Lance Dunn, Human Resources Director Recommended Action: Approve Contract renewal. Page 118 of 210 WiArnmk klk CHM, OW Viri$.11InAN Liritoett of Ole Ohio CfCriS alitf ElI Sitieki Amixxiakle.,n Group Name: Account Key: Rating Period.' City of Waterloo 00014392 07/01/2019 to 06/30/2020 OBS #188067-48 / #188067-46 Alliance Select Deductible: $500/$1,000;$1,000/$2,000 Coinsurance: 20% / 40% OPM: $1,000/$2,000;$2,000/$4,000 Office Visit Copay: See OBS BlueRx Complete Deductible: $0 / $0 Copay: $15/$30/$50 150 Single 480 Family 630 Total 24/12 Contract No Monthly Aggregate Actual Weekly Claims Level Fee/Contract Individual Stop Loss $100,000 $144.08 Aggregate Stop Loss 120% $2.49 Administrative Fees - Health w/weekly settlement $37.98 Administrative Fees - PBM $1.10 Consultant Fee $0.00 Total Administrative Fees Network Access Fee Expected Claims Administrative, NAF & Stop Loss Fees Estimated Suggested Rates* Attachment Points Administrative, NAF & Stop Loss Fees Estimated Maximum Liability to Fund* Estimated Annual Premium Based on Current Enrollment $1,089,245 $18,824 $287,129 $8,316 $0 $185.65 $1,403,514 $8.22 $62,143 r5igjg Egmay. Annual Projection $596.46 $1,491.15 $9,662,652 $90.48 $226.20 $1.465.776 $686.94 $1,717.35 $11,128,428 $715.76 $1,789.40 $11,595,312 $90.48 $226,20 $1,465.776 $806.24 $2,015.60 $13,061,088 *Actual results may vary. Also, rates provided include administrative costs based on the entire group population. Individual Stop Loss includes coverage for Health and Drug and is based on a lifetime maximum of unlimited. Aggregate Stop Loss includes coverage for Healtlyan Drug. The maximum Aggregate reimbursement is unlimited. Employer Signature: Comments: Date: v41483 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date: 5/6/2019 Page 119 of 210 I1rnark. WkefmAt om. Arki! rShW4I A 00 WitYoefilimt Llmsft, or Lhe caw 40 Blue WO Af.rwiat a, Group Name: Account Key: Rating Period: City of Waterloo 00014392 07/01/2019 to 06/30/2020 Consultant fee, if applicable, is an amount determined by the consultant and employer, and included here for the convenience of the employer to understand the total cost of services from Wellmark and the consultant. The consultant fee will be invoiced by Wellmark pursuant to agreement between Wellmark, Employer and Consultant. Wellmark is not providing any legal or professional advice with regard to compliance of any federal or state law, regulations, or guidance. Law regulations and guidance on specific provisions has been and will continue to be provided by the appropriate federal and state agencies and regulators. The information provided reflects 1 ellmark's understanding of the most current information and is subject to change without further notice. Please note that plan benefits, rates, renewal rate adjustments, and rating impact calculations are subject to change and may be revised during a plan's rating period based on guidance and regulations issued by the appropriate federal and state agencies and regulators. Wellmark makes no representation as to the impact of plan changes on a plan's grandfathered status or interpretation or implementation of any other provisions of law or regulation. Wellman( will not determine whether coverage is discriminatory or otherwise in violation of internal Revenue Code Section 105(h). Wellmark also will not provide any testing for compliance with Internal Revenue Code Section 105(h). Wellmark will not be held liable for any penalties or other losses resulting from any employer offering coverage in violation of section 105(h). Wellmark will not determine whether any change in an Employer Administered Funding Arrangement affects a health plan's grandfathered health plan status under ACA or otherwise complies with ACA. Wellmark will not be held liable for any penalties or other losses resulting from any Employer Administered Funding Arrangement. For purposes of this paragraph, an "Employer Administered Funding Arrangement" is an arrangement administered by an employer in which the employer contributes toward the member's share of benefit costs (such as the member's deductible, coinsurance, or copayrnents) in the absence of which the member would be financially responsible. An Employer Administrative Funding Arrangement does not include the employer's contribution to health insurance premiums or rates. The subrogation recovery vendor(s) retain a service fee calculated as a percentage of the recovered amount after deductions for attorneys' fees and costs. For subrogation cases initiated prior to July 1, 2016, the subrogation recovery vendor's service fee is 12 of the recovered amount. For subrogation cases initiated on or after July 1, 2016, the subrogation recovery vendor's service fee is 19.5% of the recovered amount This fee is subject to change. The final recovered amount received from the vendor is credited to Account. l ellmark's agreement with the subrogation recovery vendor may from time to time allow for the application of no vendor service fees to amounts recovered during that period of time, Any subrogation recovery amount obtained by the vendor on behalf of the Account during that time period will be provided to Account without application of the vendor service fee. v41483 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date: 51 1 'l Page 120 of 210 N'At I. k PkCr vir,Sar I 0%10 Sht''';t Indk!tX,,fi*:"'rli. Li of Blue Cuss tlitie SI 4e td A vioci ates Group Name: Account Key: Rating Period: City of Waterloo 00014392 07/01/2019 to 06/30/2020 rnt eflE OBS #188067-47 / #18806746 Alliance Select Deductible: $500/$1,000;$1,000/$2,000 Coinsurance: 20% / 40% OPM: $1,000/$2,000;$2,000/$4,000 Office Visit Copay: See OBS BlueRx Complete Deductible: $0 / $0 Copay: $15/$30/$50 Level 150 Single 480 Family 630 Total 24/12 Contract No Monthly Aggregate Actual Weekly Claims Estimated Annual Premium Fee/Contract Based on Current Enrollment individual Stop Loss $100,000 Aggregate Stop Loss 120% Administrative Fees - Health w/weekly settlement Administrative Fees - PBM Consultant Fee Total Administrative Fees Network Access Fee Expected Claims Administrative, NAF & Stop Loss Fees Estimated Suggested Rates* Attachment Points Administrative, NAF & Stop Loss Fees Estimated Maximum Liability to Fund* $144,08 $2.49 $37.98 $1.10 $0.00 $1,089,245 $18,824 $287,129 $8,316 $0 Single Family $596.46 $1,491.15 $90.48 226.20 $686.94 $1,717.35 $715.76 $90.48 $1,789.40 $806.24 $2,015.60 *Actual results may vary. Also, rates provided include administrative costs based on the entire group population. $185.65 $8.22 Individual Stop Loss includes coverage for Health and Drug and is based on a lifetime maximum of unlimited. Aggregate Stop Loss includes coverage for Healtp and Drug. The maximum Aggregate reimbursement is unlimited. / / / Comments: $1,403„514 $62,143 Annual Projection $9,662„652 1 465 776 $11,128,428 $11,595,312 $1.465.776 $13,061,088 v41483 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date: 5/6/2019 Page 121 of 210 Wellmark, Witlinvitk Moo Cr+Stk4.1 4 or" I not L e r the Blue s apd alp Shield 4sitci t:eiffl4 Group Name: Account Key: Rating Period: City of Waterloo 00014392 0 01 01 to 06 0 2020 Consultant fee, if applicable, is an amount determined by the consultant and employer, and included here for the convenience of the employer to understand the total cost of services from Wellmark and the consultant. The consultant fee will be invoiced by Wellmark pursuant to agreement between Wellmark, Employer and Consultant Weill -nark is not providing any legal or professional advice with regard to compliance of any federal or state law, regulations, or guidance. Law, regulations and guidance on specific provisions has been and will continue to be provided by the appropriate federal and state agencies and regulators. The information provided reflects 1ellmark's understanding of the most current information and is subject to change without further notice. Please note that plan benefits, rates, renewal rate adjustments, and rating impact calculations are subject to change and may be revised during a plan's rating period based on guidance and regulations issued by the appropriate federal and state agencies and regulators. Wellmark makes no representation as to the impact of plan changes on a plan's grandfathered status or interpretation or implementation of any other provisions of Jaw or regulation. Wellmark will not determine whether coverage is discriminatory or otherwise in violation of Internal Revenue Code Section 105(h). Wellmark also will not provide any testing for compliance with internal Revenue Code Section 105(h). Wellrnark will not be held liable for any penalties or other losses resulting from any employer offering coverage in violation of section 105(h). Wellrnark will not determine whether any change in an Employer Administered Funding Arrangement affects a health plan's gram/fathered health plan status under ACA or otherwise complies with ACA. Wellrr ark will not be held liable for any penalties or other losses resulting from any Employer Administered Funding Arrangement. For purposes of this paragraph, an "Employer Administered Funding Arrangement" is an arrangement administered by an employer in which the employer contributes toward the member's share of benefit costs (such as the member's deductible, coinsurance, or copayments) in the absence of which the member would be financially responsible. An Employer Administrative Funding Arrangement does not include the employer's contribution to health insurance premiums or rates. The subrogation recovery vendor(s) retain a service fee calculated as a percentage of the recovered amount after deductions for attorneys' fees and costs. For subrogation cases initiated prior to July 1, 2016, the subrogation recovery vendor's service fee is 12 % of the recovered amount. For subrogation cases initiated on or after July 1, 2016, the subrogation recovery vendor's service fee is 19.5% of the recovered amount. This fee is subject to change. The final recovered amount received from the vendor is credited to Account. 1 ellmark's agreement with the subrogation recovery vendor may from time to time allow for the application of no vendor service fees to amounts recovered during that period of time. Any subrogation recovery amount obtained by the vendor on behalf of the Account during that time period will be provided to Account without application of the vendor service fee. v41483 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date: 5/6/2019 Page 122 of 210 A ioyo)'' QUENTIN HART COUNCIL MEMBERS • • • • • • • • • it • • • I.VIARGARET KLEIN Wardl BRUCE JACOBS Ward .2 'PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY "FEUSS Ward 5 SHARD. JUON At -Large STEVE SCUM ITT At -Large 11 '1111 M p 715 Mulberry St. • Waterloo, IA .5070.3 Phone (319) 291-430 ' Fax (319) .291-4569 May 13, 2019 Mayor and City Council I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss Fees, and Delta Dental Fixed fees. The one year agreement for covered employee and retiree plans will be effective July 1, 2019. It is anticipated that the cost for the Wellmark administration, network access and stop loss premium will be $1,465,776 at the end of this fiscal year. The Delta Dental fixed costs are projected to be $35,460 at the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending on the number of actual employees and dependents covered and the number of claims filed by the health and dental insurance plans Lance Dunn Human Resources Director Cc: file WE'RE WORIUNG FOR YOU! An Equal Opportunity/Affirmative Action Employer. Page 123 of 210 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $226,066, for the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and receive and file two (2) year maintenance bond. City Council Meeting: 5/13/2019 Prepared: 5/8/2019 REVIEWERS: Department Reviewer Action Date ,,n ginee i . .Knutson, ,14.r lie A.pprove 9 ,,,,, Clerk Office Even, SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $226,066, for the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and receive and file two (2) year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer Peterson Contractors, Inc. has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. GO Bonds Page 124 of 210 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC of Dunkerton, Iowa, at a total cost of $42,677.75, in conjunction with the FY 2019 Levee Rip Rap Spraying, Contract No. 961, and approval of Final Quantity Adjustment for a net decrease of $2,239.25, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/13/2019 Prepared: 10/29/2018 REVIEWERS: Department Reviewer Action Date Even., :.. �i sir . A) ov � :i 5/8/20 .9 ,,,,,,, 3 :32 P" g�� ee�: ��`� g .� y i i SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC of Dunkerton, Iowa, at a total cost of $42,677.75, in conjunction with the FY 2019 Levee Rip Rap Spraying, Contract No. 961, and approval of Final Quantity Adjustment for a net decrease of $2,239.25, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer Landmark Turf Services, LLC has completed the above referenced project in accordance with the plans and specifications. GO Bonds Page 125 of 210 CITY OF WATERLOO Council Communication Resolution approving a Traffic Safety Grant with the Iowa Department of Transportation, in the amount of $5,000, to hold a Zero Fatality (vision zero) Workshop, and authorizing the Mayor to execute said document. City Council Meeting: 5/13/2019 Prepared: 5/8/2019 REVIEWERS: Department i� .aflic Operat e.:.s Reviewer Even, .:. e run. Action Date Approved 5/ 8/. . 1 9 ,,,,,,, 1 2 a:0 ATTACHMENTS: Description Type ision Zero r shop .Agr c lent Cover SUBJECT: Resolution approving a Traffic Safety Grant with the Iowa Department of Transportation, in the amount of $5,000, to hold a Zero Fatality (vision zero) Workshop, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Mohammad Elahi, Traffic Engineer Recommended Action: Approve the resolution. Summary Statement: This grant is for holding a workshop towards introducing Vision Zero (zero traffic deaths) and needed action plans towards achieving it. Expenditure Required: $5,000 Source of Funds: Traffic Safety Grant 100% of costs P o lie Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to ypromote a safer community Background Information: Vision Zero will be another step towards making Waterloo a safer place. Page 126 of 210 January 2017 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Study) County Black Hawk Recipient City of Waterloo Project No. CS-TSF-8155(763)--85-07 Iowa DOT Agreement No. 2020-TS-024 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and Waterloo, Iowa, hereinafter designated the "Recipient". The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program (TSIP) under Iowa Code Section 312.2(11), and the application was approved by Transportation Commission Order No. H-2019-031 on, December 11, 2018. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the development of a certain traffic safety improvement project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be the Local Systems Project Development Engineer and Eastern Region Local Systems Field Engineer. The Recipient's contact person shall be Mohammed Elahi, Waterloo Traffic Engineer. c. The Recipient shall be responsible for the development and completion of the following described project located in the City of Waterloo: Hold a Workshop to Publicize Vision Zero Initiative and Prepare Action Plan. See Exhibit A-1 for the estimated project cost. 2. Project Costs a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after the effective date of Commission Approval shall be paid from TSIP Funds and other funds as listed below, subject to the execution of a signed agreement: TSIP Funds: $5,000 b. The portion of the total project costs paid by TSIP shall not exceed the amount stated above or the actual cost of the TSIP eligible items, whichever is the smaller amount. c. If a letting is required, the project shall be let to contract within 2 years of the date this agreement is approved by the Department. If a letting is not required, construction on the project shall begin within 2 years of the date this agreement is approved by the Department. If neither condition is met, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 2-year deadline. 2020-TS-024_CityWaterloo 1 Page 127 of 210 January 2017 d. Project activities or costs eligible for TSIP funds include only the following: (a) research that addresses statewide traffic concerns; (b) studies that identify remedies for traffic operations safety at a specific location (study funds may be used to supplement federal Traffic Engineering Program (TEAP) funding); and (c) public information initiatives that emphasize traffic safety techniques or policies and are of statewide interest. An initiative of local scope may also be considered. e. Project activities and costs ineligible for TSIP funds include, but are not limited to, any and all costs incurred prior to Transportation Commission approval of funding. f. If Federal highway funds, Farm -to -Market funds, or other Federal funds are used in combination with TSIP Funds, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used on a non-TSIP project. The Recipient shall comply with all requirements for the use of said funds. 3. Payments and Reimbursements a. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Eligible and ineligible costs are outlined in Iowa Administrative Code (IAC) 761 Chapter 164, Traffic Safety Improvement Program (see IAC 761-164.6(312) and IAC 761-164.7(312)). Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the construction costs or 5% of the TSIP funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld, if any. c. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the terms of this agreement. Final reimbursement of TSIP Funds shall be made only after the DOT accepts the project as complete. d. The Recipient shall request reimbursement and final payment from the DOT within one year of field completion of the work. If this condition is not met, the Recipient may be in default, for which the Department may revoke funding commitments. e. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. f. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of TSIP Funds granted by this agreement through charges against the Recipient's road use tax funds. 2020-TS-024_CityWaterloo 2 Page 128 of 210 January 2017 4. General Provisions a. This agreement shall be considered to be in default if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations. b. To the extent allowed by law, the Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. To the extent allowed by law, this agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. c. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. d. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g• It is the intent of both parties that no third party beneficiaries be created by this agreement. h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days' notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. i. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. This agreement, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. 2020-TS-024_CityWaterloo 3 Page 129 of 210 January 2017 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2020-TS-024 as of the date shown opposite its signature below. City of Waterloo, Iowa: By: Date , 20 Title: I, , certify that I am the Clerk of the City, and that , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the day of , 20 Signed Date , 20 City Clerk of Waterloo, Iowa Iowa Department of Transportation: By: Date , 20 Steve J. Gent Director, Office of Traffic and Safety 2020-TS-024_CityWaterloo 4 Page 130 of 210 January 2017 EXHIBIT A-1 [Estimated Project Cost] C. Anticipated Costs $3,000 Honorarium, 2 Speakers 1,400 Transportation, 2 Plane Tickets 300 'I Night Lodging, 2 Hotel Rooms 600 Lunch & Snacks for 30 200 Workshop Material 1,000 PR&Ads 300 Location $6,800 TOTAL 2020-TS-024_CityWaterloo 5 Page 131 of 210 EXHIBIT B UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 196.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515- 348-6159) or from its website at: https://iowaeconomicdevelopment.com/tsb. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available from the Administering Office. b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. 2020-TS-024_CityWaterloo 6 Page 132 of 210 The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. 2020-TS-024_CityWaterloo 7 Page 133 of 210 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date 2020-TS-024_CityWaterloo 8 Page 134 of 210 CITY OF WATERLOO Council Communication Resolution approving agreement with the Iowa Department of Transportation for a Traffic Safety Improvement Grant to improve intersection of Greyhound Drive and Ridgeway Avenue, in the amount of $310,000, and authorizing the Mayor to execute said document. City Council Meeting: 5/13/2019 Prepared: 5/7/2019 REVIEWERS: Department r..i.'ra [.. me o pera ios Clerk Office ATTACHMENTS: Description Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Reviewer Greco, an. ie i ven, I:. C n.n. Action Approve pproved. Type Backup Material Date 5/ /2. 19 ,,,,,, 2 :3 9 P 5/8/20 9 ,,,,,,, 3 :2 P Resolution approving agreement with the Iowa Department of Transportation for a Traffic Safety Improvement Grant to improve intersection of Greyhound Drive and Ridgeway Avenue, in the amount of $310,000, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer Approve the resolution. Install traffic signals at Intersection of West Ridgeway Avenue & Greyhound Drive and construct an eastbound right turn lane on Ridgeway Avenue. $310,000 100% Traffic Safety Grant Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. The intersection is experiencing traffic crashes and delays at side street. Page 135 of 210 January 2017 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Site -Specific Improvement) County Black Hawk Recipient City of Waterloo Project No. CS-TSF--8155(762)--85-07 Iowa DOT Agreement No. 2020-TS-015 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and City of Waterloo, Iowa, hereinafter designated the "Recipient". The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program (TSIP) under Iowa Code Section 312.2(11), and the application was approved by Transportation Commission Order No. H-2019-031 on, December 11, 2018. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the development of a certain traffic safety improvement project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be the Local Systems Project Development Engineer and Eastern Region Local Systems Field Engineer. The Recipient's contact person shall be Mohammad Elahi, Waterloo Traffic Engineer. c. The Recipient shall be responsible for the development and completion of the following described project located in the City of Waterloo: Intersection of West Ridgeway Avenue & Greyhound Drive. Install traffic signals and construct an eastbound right turn lane on Ridgeway Avenue. See Exhibit A-1 for the location of the project and Exhibit A-2 for the estimated project cost. 2. Project Costs a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after the effective date of Commission Approval shall be paid from TSIP Funds and other funds as listed below, subject to the execution of a signed agreement: TSIP Funds: $310,000 b. The portion of the total project costs paid by TSIP shall not exceed the amount stated above or the actual cost of the TSIP eligible items, whichever is the smaller amount. c. If a letting is required, the project shall be let to contract within 2 years of the date this agreement is approved by the Department. If a letting is not required, construction on the project shall begin within 2 years of the date this agreement is approved by the Department. If neither condition is met, the Recipient may be in default, for which the Department may revoke funding commitments. This 2020-TS-015_CityWaterloo 1 Page 136 of 210 January 2017 agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 2-year deadline. d. Project activities or costs eligible for TSIP funds include only the following: (a) road modernization, upgrading or reconstruction; (b) bridge and culvert modernization, replacement or removal; (c) road intersection and interchange improvement including channelization, traffic control devices or lighting; (d) right-of-way required for a traffic safety project; (e) drainage and erosion measures which are an integral part of the project; (f) traffic control devices required by the project; (g) guardrail; (h) tree removal; and (i) other construction activities directly related to or required by the safety project. e. Project activities or costs ineligible for TSIP funds include, but are not limited to, the following: (a) any and all costs incurred prior to commission approval of funding; (b) routine maintenance of a road, street, bridge, culvert or traffic control device; (c) safety -related activities associated with projects initiated for purposes other than traffic safety; (d) contract administration costs; (e) design and construction engineering and inspection; (f) utility construction, reconstruction, or adjustment except as an integral part of a project; (g) sidewalks, bicycle paths or railroad -highway crossings, except as an integral part of the project; and (h) expenditures for items not related to the roadway. f. If Federal highway funds, Farm -to -Market funds, or other Federal funds are used in combination with TSIP Funds, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used on a non-TSIP project. The Recipient shall comply with all requirements for the use of said funds. 3. Right of Way and Permits a. In the event that right-of-way is required for the project, said right-of-way shall be acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. If the project impacts the Primary Road System, the Recipient shall submit preliminary right-of-way plans to the DOT's Office of Right of Way for review and approval prior to the commencement of any acquisition. Additionally, if said right-of-way is for an improvement to the Primary Road System, it shall be acquired in the name of the State of Iowa. b. The Recipient shall be responsible for obtaining any permits, such as the Work Within the Right -of - Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, and/or other construction permits required for the project prior to the start of construction. Neither the approval of the TSIP application for funding nor the signing of this agreement shall be construed as approval of any required permit from the DOT. c. The Recipient shall be responsible for obtaining any environmental permits and approvals, when necessary, to comply with all environmental regulations. 4. Project Design a. The Recipient shall develop all project improvements using good engineering judgment. The Recipient shall use the DOT "Design Manual" on projects involving the Primary Road System and/or routes located on the National Highway System. Projects not on the Primary Road system shall use "A Policy on Geometric Design of Highways and Streets", (latest edition), by the American Association of State Highway and Transportation Officials. In all cases the "The Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), as adopted pursuant to 761 Iowa Administrative Code, Chapter 130 shall apply. b. For projects which include the installation or modification of traffic signal systems, the following shall apply: i. There will be a minimum of one mast -arm mounted signal head with back plate for each incoming through or left -turn lane. In addition, there will be one signal head, side of pole mounted, on the 2020-TS-015_CityWaterloo 2 Page 137 of 210 January 2017 far right side pole. All vehicle signal lenses shall be 12-inch. The positioning of signal faces and the signal indications for left -turn movements shall be in accordance with current adopted MUTCD. ii. Combination signal/lighting pole shall be used, as much as practicable, to minimize the number of fixed objects. iii. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic signals if there are two or more other signal installations within 1/2 mile of the subject access to provide for progressive traffic flow. Said plans shall be reviewed and approved the DOT Office of Traffic & Safety. iv. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the MUTCD. v. The concrete pad for the controller shall extend no more than 4 inches above the ground line. vi. Where the distance from the stop bar to the signal indication is in excess of 180 feet, there shall also be a near side signal head. vii. Dilemma zone protection shall be provided if the 85th percentile speed is at/over 35 mph. 5. Bid Letting a. If the project must be let for bids, then project plans, specifications and engineer's cost estimate for site specific improvements and/or traffic control devices shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. i. If the Recipient lets the project, the plans, specifications and other contract documents for each division must be submitted at least ten weeks (traffic control devices) or fourteen weeks (site specific project) prior to the project letting of each division. ii. If the project will be let through the Iowa DOT, project development submittals shall follow Local Systems I.M. 3.010. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. b. If the Recipient lets the project, as described herein, the Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. c. If the Recipient lets the project, then the Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference incorporated into this agreement. d. If the Recipient lets the project, then for portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award 2020-TS-015_CityWaterloo 3 Page 138 of 210 January 2017 contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. e. The Recipient shall be the contracting authority for the project. 6. Construction and Maintenance a. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. b. The Recipient shall be responsible for the daily inspection of the project, and the compilation of a daily log of materials, equipment and labor on the project. c. The Recipient shall maintain records, documents, and other evidence in support of work performed under the terms of this contract. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT or its designee at all reasonable times during the period of the contract and for three (3) years after the date of final payment. Reimbursement shall be based on eligible actual and indirect costs associated with performance of contract service work. The Recipient shall provide copies of said records and documents to the DOT upon request. d. The Recipient shall notify the DOT's contact person of the date that construction begins and the date that the project is substantially complete (i.e., when the road is re -opened to traffic). e. The Recipient shall require its contractors to permit the DOT authorized representative to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. f. Upon project completion and prior to final reimbursement for the project, the Recipient shall furnish three sets of "as -built" plans for any portion of the project which is on or intersects any primary road or primary road extension to the DOT's contact person for future maintenance and road design purposes. g• If this project requires the installation of or modification to a traffic control signal system, the Recipient shall be responsible for all future ownership, maintenance, operation and energy costs of said installation or modification. h. The Recipient hereby certifies that, for a period of ten (10) years following completion of project and receipt of final payment from the DOT, there shall be no modifications in the geometric features, the construction features, or the access management features (including driveway design and location) of the project, nor shall there be any fixed objects or obstructions placed in any clear zone established in conjunction with this project without the prior written approval of the Office of Traffic and Safety. Failure to comply shall be considered a default under the terms of this agreement. 7. Payments and Reimbursements a. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Eligible and ineligible costs are outlined in Iowa Administrative Code (IAC) 761 Chapter 164, Traffic Safety Improvement Program (see IAC 761-164.6(312) and IAC 761-164.7(312)). Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. 2020-TS-015_CityWaterloo 4 Page 139 of 210 January 2017 b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the construction costs or 5% of the TSIP funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld, if any. c. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the terms of this agreement. Final reimbursement of TSIP Funds shall be made only after the DOT accepts the project as complete. d. The Recipient shall request reimbursement and final payment from the DOT within one year of field completion of the work. If this condition is not met, the Recipient may be in default, for which the Department may revoke funding commitments. e. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. f. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of TSIP Funds granted by this agreement through charges against the Recipient's road use tax funds. 8. General Provisions a. This agreement shall be considered to be in default if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations. b. To the extent allowed by law, the Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. To the extent allowed by law, this agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. c. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. d. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g• It is the intent of both parties that no third party beneficiaries be created by this agreement. h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to 2020-TS-015_CityWaterloo 5 Page 140 of 210 January 2017 arbitration after ten (10) days' notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. i. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. This agreement, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2020-TS-015 as of the date shown opposite its signature below. City of Waterloo, Iowa: By: Date , 20 Title: I, , certify that I am the Clerk of the City, and that , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the day of , 20 Signed Date , 20 City Clerk of Waterloo, Iowa Iowa Department of Transportation: By: Date , 20 Steve J. Gent Director, Office of Traffic and Safety 2020-TS-015_CityWaterloo 6 Page 141 of 210 January 2017 LOCATION MAP E llort #see eddy f dadda Rd MOW ISSIMERSIVISS , tin iiI ud ji wed ue dos Saft EXHIBIT A-1 [Project Location] VW Avia 165d7111$ d'Sd'SI:707f1;:i1"" 104011*#4&&4&W&a SI ass b ads Pt 4,1 dodo Rad R d iddedeadd . "WES TEIVASS VS Sad todok d led d sof a r ap VE Si' Dusk t tad S 'VS D*Ua&d ii vas ea $ PROPOSE PROJECT LOCATION „10 atletev, *,11 FUSE Ideates 441r, dad , C OIS,* E &/4&4 Ag Ride, ad AU. SIOSO MSS , d Mildsdadvd• z via Vatesso dowdossiestatia IS0 WIN led s Ges44 0 ell evs E 11 hrck 'F4 la N 4sad 4444444 4441 E. A EV: C del da VS p Rd 411 0 Is /vd, OISVI Rd ,D011 fd 5 a "id Saadg vd Er Ev, Gbdt, 0001111 avIA01 4411 de 4444 Pn/P/J*4p444444444& s OE 125 .190 Elk Run 1-1 dVa44do „ 'issdeeedonsdaSS v v SSA ad bd R 411 Soui,s; !Esri,1 HERE, DeLorrne„ USGS„ Intermap., increment,„„„ Corp. NRCAN, Esri Japan„ IrVIETI, 'Esti Chi a (Hong Kong), Esri (Thailand), Mapmylndia„© OpenStreetMap contributors, and the GIS User Community 2020-TS-015_CityWaterloo 7 Page 142 of 210 EXHIBIT A-2 [Estimated Project Cost] C,„., ESTIMATED COSTS DESCRIPTION UNIT 1 UNIT $ CITY EST 'Cr MAST ARM POLE WITH I„.UMNARE EXT. EA $16000 1 z, $16,000 0' MAST ARM POLE EA $14,000 1 $14,000 1.42MAST ARM POLE WITH LUMINAIRE EXT 1- EA $6,000 2 $12„000 SIGNAL HEADS EA $900 ' 13 511,700 , ADVANCE END OF GREEN WARNING SYSTEM EA $2,,500 2 55,000 UNFIT RADAR DETECTION SYSTEM LA, $24„000 MAST ARM POLL BASES EA $24,000 $2, 00 3 6,000 BORE CONDUIT FT $10 140 $1,400 $4 1200 4,800 in WIRES FT $2 1750 $3,500 TRENCH CON UIT FT January 2017 3 11 EVP SYSTEM EA $6,000 1 $6,000 12 TRAFFIC MONITORING CAMERA EA $2,000 4 $8,000 13 CULVERT FT $120 50 $6,000 15 SIGNAL EART WORK LS $4,000 4,000 lei CONTROL CABINE1 AND BASE EA $15000 15,000 7 ; MAXVIEW ATMS LICE SE $2,000 EA 2,00 18 DETECTOR LOOPS 19 PEDESTAL POLE AND BASE 0 TRAFFIC CONTROL 21 FIBER OPTIC TERMINATION AND SWITCHES 22 PAVEMENT MARKINGS HANDHOLES 24 POWER DROP 5 LED LUMINAIRES 26 EXCAVAnoN CY 27 EARTHWORK, FILL CY SY 29 3 31 32 TOPSOIL, 6 33 SEEDING 34 STRIPING 35 PAVEMENT REMOVAL LS ) $200 ' 200 $500 1,000 „.. 520 100 $2,000 520 600 512 000 $25 425 $10„625 ,1_,500 1 600 $55 1 500 7 $27,500 $25 225 , S5„6,2„5 ... SY $75 :500 $37,500 SY $5 i 5 0 . 2,500 i-- STA .$150 7.5 1,125 SY 36 STORM SEWER, 24" I IF $75 25 37 SIJB DRANilLE, ' LE ,, 10 400 38 SUB DRAIN OUTI ETS EACH $150 2 .39 MOZALIZATION LS 55,000 40 CONSTRUCTION SURVEY LS 53,000 41 TRAFFIC CONTROL LS n.50000 42 SIGNS E. $120 43 PAVEMENT MARKINGS LS 52,000 44 INCIDENTA,LS LS $28,0 0 TOTAL ESTIMATE SUBGRADE PREPARATION SUB BASE TON PAVING, 9" PCC SY ROCK SHOULDER TON EA $800 8 $6,400 I.S 57,co 1, $2,000 LS $2,000, L 1. $2,000 LS 54„050 1 $4,000 LS $2,000 1 $2,000 FA $300 6 $1,800 $15 50 $750 1 875 4,000 '1'300 $5,000 $3,000 '5,000 1.0 $1 200 52,000 1. $28,000 310,300 2020-TS-015_CityWaterloo 8 Page 143 of 210 EXHIBIT B UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 196.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515- 348-6159) or from its website at: https://iowaeconomicdevelopment.com/tsb. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available from the Administering Office. b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. 2020-TS-015_CityWaterloo 9 Page 144 of 210 The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. 2020-TS-015_CityWaterloo 10 Page 145 of 210 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date 2020-TS-015_CityWaterloo 11 Page 146 of 210 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in the amount of $80,000, to provide design services for the Preliminary Design Bio-Gas Project, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/13/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date iste .ana 1 nt i oathrec ei„ Steven. roves 1 411 7r 0 1 ,,,,,,1 1..: ,,, 1 Clerk Offiee Even, I e. n.n.. A..pproved 411 7/ `0 1 .. ,:0 i ATTACHMENTS: Description Type not a t':m' oo a 6Jr and City C.o .n1.. Cover m m.o :pkem..en.tal Inl°or` mat on., 1 k) .gas I vaJluat c n.. ..13ackup ateri 1 SUBJECT: Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in the amount of $80,000, to provide design services for the Preliminary Design Bio-Gas Project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director Recommended Action: Approve resolution Expenditure Required: $80,000 Source of Funds: S ewer Fund Page 147 of 210 IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 legift.0011,1,0010,11.0,1,140,60104410.1401, Steve oambrecker, Director A ril 17 2019 Memo to Waterloo Mayor and City Council: RE: Engineering Contract Strand Prelimi ary design biogas project Project background and discussion The bio-gas being generated at the WWTP anaerobic digesters has been used in dual purpose boilers to heat the bio-solids being anaerobically digested. The residual has been flared. The bio-gas being generated in the city's anaerobic lagoon complex primarily used to treat generated wastes from Tyson ad a contract with Planenergy to partially treat to be used in Tyson's dual fuel boiler system. Due to economic conditions, olanenergy ceased operations. Over the past several years a new market has developed converting s ch bio-gas into Pipeline Quality gas. This involves some relatively large capital investment wit a potentially large revenue stream. In October 2017, the City entered into an agreement with Strand Associates to evaluate options for potential improved utilization of the biogas generated at the lagoon, estimated associated capital and operating costs and their sub consultant Ecoengineers to assist in revenue projections and markets for biogas bei g generated. The report received in April 2018, identified projected construction and revenue projections to produce Pipeline quality NG. It was decided that a more in-depth revenue a alysis was needed before recommending implementation. To conduct the study the city entered into a contract with Ecoengineers in September 2018 to evaluate revenue options for both the lagoon and WVVTP generated biogas. A presentation of the summary recommendations was presented to the city council on April 8, 2 19. The discussion illustrated the various fina cial options for each source of bio-gas. The main objective involves decidi g a market strategy that the city can accept. The current markets illustrate that the projected revenue will generate nearly double the anticipated debt and operated costs. It is not certain how long those markets will continue. It was decided that the targeted solution and recommendation should be Break-even Plus. Based upon the current project knowledge, it was recommended to obtain a long term co tract for the lagoon bio-gas to obtain Break-even $$ and use the biogas generated from the VVWTP to be Plus $$. Recom endation The concluding recommendation from the study was to the complete a 10-15% design phase of the project to better confirm an estimated project construction costs as the current values are preliminary estimates. .ased upon the revised estimate, a final Go- o-Go decision can be made. A Professional Services Agreement is on the agenda with Strand Associates in the amount of $80,000 to complete this preliminary design. It is anticipated to take 3-4 months. Following the revised cost estimate, a final recommendation for revenue predictions and potential long term contract would need to be made. Page 148 of 210 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director April 17, 2019 Memo to Waterloo Mayor and City Council: RE: Supplemental Info, Bio-gas Evaluation There are 5 various scenarios or options regarding Bio-gas cost analysis 1. WWTP Biogas only 2. Lagoon Biogas only, does include needed facility improvements 3. Lagoon Biogas only with improvement to accept additional wastes 4. Combine WWTP and Lagoon only facility improvements 5. Combine WWTP and Lagoon with improvement to accept additional wastes The following evaluation discusses various options for utilizing bio-gas currently generated into Pipeline quality gas. The above 5 options are discussed in detail, however: it is felt that the decision must consider the "do nothing option" discussed before the 5 options and the alternative following the 5 proposed options. Do nothing Option The lagoon cover needs repaired, the accumulation of grease (top) and bio-solids (bottom) needs removed. The projected cost to implement these improvements is $2,900,000. At some point these improvements will need to be made. Based upon similar cost information the associated debt service and ongoing O&M costs would be an estimated $202,000. This additional cost is included in all of the lagoon improvement options. Within these 5 scenarios, the following illustrates various financial information: Various Options outlined above Expected gas Production ccf/day Projected Cost Annual Debt Operational $$ Total Annual Operating $$ Revenue Range Net Profit range Projected Net Profit 1 250,000 $6,700,000 $1,100-1,715K $35-650K $335K 2 800,000 $14,440,000 $2,045 K $709K $709K Discussion of the options: Option 1— Process Bio-gas only from WWTP Least cost, 6,7000,000 3 1,000,000 $16,340,000 $2,556K $927K $927K 4 1,050,000 $ 21,140, 000 $3,145-3,445K $744-1,359K $867K 5 1,250,000 $23,040,000 $3,656-3,760K $962-1,577K $1,262K Page 149 of 210 Much less gas production Market Value of bio-gas (D3), 3 X greater than the Market value of Lagoon Borderline profitable on the downside of the market, great revenue when high Option 2 — Lagoon only, does include needed site improvements Expensive capital cost, $14,440,000 Much greater gas production Market Value of bio-gas (D1) 3X less than WWTP Profitable if can obtain long term contract Option 3 Lagoon only, with improvements to accept additional waste Increases capital cost, $16,340,000 Major increase in additional gas production Continue to obtain long term revenue value Option 4 Implement both WWTP and Lagoon projects, no additional wastes Capital costs to $18,240,000 Revenue also increases Use lagoon biogas for long term contract and WWTP to play market Option 5 Implement both WWTP and Lagoon projects, with additional wastes Capital costs to $23,040,000 Revenue greatly increase with outside wastes Use lagoon biogas for long term contract and WWTP to play market Alternative option If the city does not desire to spent the capital costs to reap the upside of expected revenue, consideration of having a 3rd party invest in the major capital expense with arrangements to reap 5-10% of the total revenue should be considered. Page 150 of 210 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 2 with AECOM, Inc. of Waterloo, Iowa, in the amount of $97,500, in conjunction with Satellite Raw Wastewater Wet Well Rehabilitation Supplemental Agreement No. 3, and authorize the Mayor to execute said document. City Council Meeting: 5/13/2019 Prepared: 5/8/2019 REVIEWERS: Department Reviewer Action Date Waste ...am,- 1 e t i oa , h ec .e , Steven. . . proves 5 2 ca ..... 1 _ ,,,r . Clerk:, OUR e Even,I. c . n.n.. A..pproved ATTACHMENTS: Description Type Satellite Ra �� st Jt r� Rch ::. ili ,at on A :rerne. n end: �, B smack u. ▪ No.2 ▪ Sate .. ite .. a W n A,gre. it t SUBJECT: Resolution approving Supplemental Agreement No. 2 with AECOM, Inc. of Waterloo, Iowa, in the amount of $97,500, in conjunction with Satellite Raw Wastewater Wet Well Rehabilitation Supplemental Agreement No. 3, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director Recommended Action: Approve Supplemental Agreement No. 2 with AECOM in the amount of $97,500. Page 151 of 210 AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www,aecomcom FY 2016 SATELLITE RAW WASTEWATER WET WELL REHABILITATION WATER POLLUTION CONTROL FACILITY CITY OF WATERLOO, IOWA CONTRACT NO. 907 SUPPLEMENTAL AGREEMENT NO. 2 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated February 1, 2016, for design and bidding services for the FY 2016 Satellite Raw Wastewater Wet Well Rehabilitation Project. WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on December 19, 2016, for providing additional engineering design services; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 2 for providing construction -related services (CRS) for the project. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: A. Project Description The project consists of construction -related services for rehabilitation of the existing Satellite Raw Wastewater Wet Well, Sludge Holding Wet Well, Influent Anaerobic Wet Well, and miscellaneous piping restorations at the Water Pollution Control Facility (WPCF). Due to the corrosive nature of the wastewater, the wet wells and the majority of the components within it have been severely corroded. The coatings applied on the concrete walls are peeling off and the ductile iron piping shows signs of severe corrosion. Other components within the wet wells, such as the gates and the pump retrieval systems, are also corroded. The project details means for the rehabilitation of the interior of the wet wells. This will include repairing and recoating the concrete surfaces, replacing or coating existing ductile iron piping, installation of new pump removal systems, replacement of existing corroded gates with new gates, and replacement of other items within these wet wells that are found to be corroded and not in good working condition. This agreement also includes design and construction -related services for crossover structures to be installed to allow for flow diversion between the domestic and satellite sanitary sewer lines. Also included is establishing design parameters and assistance for the City to procure a chemical feed system skid (for feeding ferric chloride). B. Scope of Services The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide construction -related services for the project. The Scope of Services is further defined as follows: Page 152 of 210 Page 2 Task 1 JrQyiDean for Sanitary Sewer Crossover. Provide design information, drawings, and coordination to City and Contractor for construction of sanitary crossover structures and system to be installed between the domestic and satellite sanitary sewer lines south of Lafayette Street. 11# Task 2 - Provide Desi n Parameters for Chemical Feed. Provide design parameters and coordination with equipment suppliers for the City to purchase and install a chemical feed skid for feeding ferric chloride. This chemical feed skid is planned to be installed by City personnel at the Anaerobic Lagoon site. Task 3 - Obtain Soil r.'o s. ATS will work with a professional geotechnical firm to conduct a soil boring and provide a report of the findings in the location of the proposed crossover structures. Task 4 — Preparation of Easements. Prepare permanent and temporary construction easement documents for the installation of the crossover structures as mentioned above. Task 5 - Horizontal and Vertical Control. Provide horizontal and vertical control for the project including: • Provide survey for crossover structures. Construction Limits - Identify where needed. Provide easement and property limits at construction site for the installation of the crossover structures. Task 6 - Submittals. Review shop drawings and other submittals as required of the contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. as 7 - roject Intentions. Answer design interpretation questions from the Client, 111" contractor, review staff and appropriate agencies. Task 8 - Contractor Payment Applications. Process monthly applications for payment submitted by the contractor and forward to the Client for execution with recommendations for approval and payment. Task 9 - Field Testi q Conformance Review Assistance. Witness, where applicable, field testing of the materials furnished under the contract to assist in determining conformance with the contract documents. Task 10 Site Visits by Desiqn Personnel. Visit the construction site by design personnel at appropriate stages of construction to review the quality of the work and to determine, in general, whether the work conforms to the contract documents. Task 11 - Change Order Prepar tion nd " rocessinq. Assist the Client and contractor in preparing and processing contract change orders. Task 12 - Field Observation. Provide periodic field observation during construction to review the work of the contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Page 153 of 210 Page 3 Task 13 - Conformance pdates to Client as Needed. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise Client of any work that should be corrected or rejected. Task 14 - Evaluate Contractor's Suqqestions for Modifications. Consider and evaluate contractor's suggestions for modifications and report them with recommendations to the Client. Tk 15 - Maintain Files during Project. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 16 - Review of Project. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 17 - Field Observation of Com leted Project. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 18 Revised Plans Showing Chan es Mae Durin Construction. Provide the Client with a copy of revised drawings of the construction plans for the project based on the construction observation records of the review staff and contractor showing those changes made during construction considered significant. Task 19 - Documentation Close -Out. Assist the Client with the final close-out documentation from the Contractor. Ill. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated from the fees in the original agreement and Supplemental Agreement No. 1. The estimated fee is Ninety -Seven Thousand Five Hundred Dollars ($97,500.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated February 1, 2016. Page 154 of 210 Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. Douglas W. Schindel, RE. Associate Vice President APPROVED FOR CLIENT: 0:1Administratiori\AGREEISUPPLBSA2 Wat Satellite Wet Well CRS.docx Date Date Page 155 of 210 T LO ASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director May 7, 2019 Memo to Waterloo Mayor and City Council: RE: Satellite Raw Wastewater Wet Well Rehabilitation Supplemental Agreement #2 Background Discussion The satellite raw wastewater wet well rehabilitation project original design agreement was entered into in February, 2016. Supplemental agreement No. 1 was entered into in December, 2016 as the scope of the project was expanded. Supplemental agreement #3 will provide construction related services and alternate design for a permanent bypass versus the current temporary proposed bypass for the satellite line. Recommended Action It is recommended that the city council approve the supplemental agreement No. 3 with AECOM in the amount of $97,500. Page 156 of 210 CITY OF WATERLOO Council Communication Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition. City Council Meeting: 5/13/2019 Prepared: 5/7/2019 REVIEWERS: Department Reviewer Action Date Planning .; on.mi.n. I Schroc ci, Aric Approved 5/8/2. 19 ,,,,,,, 1(a:14 C lIerk: Office I ven . I cA nn Approve 5/ /2. 19 ,,,,,, 12, w 12 is ATTACHMENTS: Description O Petition For arir nee 1 hot SUBJECT: Submitted by: Type Cover .... no Cover Resolution approving a variance to the requirements of the S ub d ivis io n Ordinance in Section 11-1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval Resolution approving a variance to the requirements of the S ub d ivis io n Ordinance in Section 11-1-13 Variances, relating to the approval of the of the Preliminary Plat of Paradise Estates Addition, located near the northeast corner of Kimball Avenue and West Orange Road. The s ub d ivis io n S umma Statement: ordinance requires that a final plat be filed within one year of approval of the preliminary plat. The preliminary plat was approved on May 14, 2019 by the city council and they request the variance to allow that time period to be extended to May 14, 2020. Due to the preliminary plat being approved, staff does not believe that issuance of the variance would be detrimental to public safety, health, welfare or in any way injurious to adjacent property. Expenditure Required: None Source of Funds: N/A Policy Issue: Subdivision Ordinance Alternative: N/A Page 157 of 210 PETITION FOR VARIANCE COMES NOW the undersigned, Hope . Anderson, owner of Paradise Estates located next to 5805 Kimball Avenue, Waterloo, Iowa between Kimball Avenue and Highway 21 and north of East Orange Road and states as follows: Lit 1. He has filed a Preliminary Plat for Paradise Estates Addition which was approved by the city council of the City of Waterloo, Iowa on May 14, 2018, said Resolution No. 2018- 321, a copy of which is attached hereto and marked Exhibit "A". 2. That Hope M. Anderson has not yet finalized a portion of said Paradise Estates Addition to be presented for Final Plat approval. Said city code provides that a Final Plat should be filed within one year of the approval of the Preliminary Plat which would mean on or before May 14, 2019. 3. That in accordance with City of Waterloo Code Ordinance 1.14 Variances, Hope M. Anderson is requesting a variance to allow him another one year period to and including May 14, 2020 in order to provide to the city for Final Plat approval a portion of Paradise Estates Addition. 4. In accordance with said 1.14 Variances provisions under (1) General, this request is made to avoid the City of Waterloo, Iowa and its planning, programming and zoning staff from revisiting this addition which has already been approved given that no changes have been made to the property originally approved as Paradise Estates Addition on May 14, 2018, other than the passage of time from then until now. 5. Hope M. Anderson, pursuant to Variance provision 1.14(1)(a) does not see that extending the time to produce a Final Plat on a portion of Paradise Estates Addition is in any way detrimental to any public safety, health, welfare or in any way is injurious to adjacent property. 6. Hope M. Anderson states under Variance provision 1.14(0(b) that this variance is unique as to this property only and will not affect any other property as he continues work to prepare for presentation a portion of the Final Plat of Paradise Estates Addition to the City of Waterloo and its planning, programming and zoning department and for presentation to the Waterloo City Council. 7. Pursuant to Variance provision 1.14(1)(c) Hope M. Anderson believes that the surroundings of this property to the new Orange Elementary School is critical for proper development in light of the new Orange Elementary School. Hope M. Anderson as the owner of Paradise Estates Addition wants to produce the most appropriate development that will surround the new Orange Elementary School as this addition will be in effect alongside said new school for many years to come. 8. That in accordance with Variance provision 1.14(1)(d), this request for an extension to be able to produce a Final Plat for a portion of Paradise Estates Addition will not in Page 158 of 210 any manner vary the provisions of the zoning ordinance, comprehensive plan or official street plan for this addition Again, this Petition is presented to essentially gain an extension for Final Plat approval for at least a portion of the Paradise Estates Addition, said extension through h this Variance Petition request to be for one year up to and including May 14, 2020. Dated May 6, 2019. Respectfully submitted, , 44,2-e- F,7( 406-tiait:9- Hope M. Anderson 100 Anderson Drive Waterloo, IA 5 001 Page 159 of 210 Exhibit A Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulbeny Street, Waterloo, IA 50703, 19-291-4 2 . RESOLUTION NO. 18-21 RESOLUTION APPROVING- A REQUEST BY HOPE I. ANDERSON, FOR THE PRELIMINARY PLAT OF 129.16 - ACRES FOR THE PARADISE ESTATES ADDITION, LOCATED NEXT TO 5805 KIMBALL AVENUE, BETWEEN KIMBALL AVENUE AND I WAY 21, AND NORTH OF EAST ORANGE ROAD, TO ALLOW FOR THE DEVELOPMENT OF 209 RESIDENTIAL IAL LOTS AND NINE LAND TRACTS FOR THE SUBDIVISION. WHEREAS, on this 14th day of May 2018, at a regular meeting of the City Council of the City of Waterloo, Iowa, the preliminary plat of the Paradise Estates Addition, a 209-lot subdivision located next to 5805 Kimball Avenue, between Kimball Avenue and Highway 21, and north of East Orange Road, was presented for approval by Hope M. Anderson, and WHEREAS, said preliminary plat has been previously submitted to and was approved by the City of Waterloo City Planning, Programming and Zoning Commission on April 3, 2018, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, the preliminary plat of the Paradise Estates Addition, a 209-lot subdivision located next to 5805 Kimball Avenue, between Kimball Avenue and Highway 21, and north of East Orange Road, Black Hawk County, Iowa, is hereby approved. PASSED AND ADOPTED this 14th day of May 2018. Quentin Hart, Mayor ATTEST: Kelley Felchl City Clerk Page 160 of 210 Resolution No. 2018-321 Page 2 CERTIFICATE TIFICAT 1, Kelley Fcl hl , City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 201 - 21 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 14th day of May 2018. Witness my hand and seal of office this 14th day of May 2018. 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City Council Meeting: 5/13/2019 Prepared: 5/7/2019 REVIEWERS: Department P 1a fling Clerk Orrice Reviewer chroeder, Ar c t ve m. I.., e.A..n.n. ATTACHMENTS: Description Development )pment eflt SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Action A pprov d Approved Type ac c u.r ads ri.a . Date 5/8/20 9 1..A 5/8/209 ,,,,,,, 11. 1.:511 Resolution approving a Development Agreement and Minimum Assessment Agreement with Twin Trees, LLC, for the redevelopment of a commercial building located at 402-404 E. 4th Street, with a tax rebate amount of 100% for a term of six years, with a minimum assessment of $1,196,420, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval The property at 402-404 E 4th Street has received numerous renovations since 2015. Rebates are set at 100% for any value added to the building above $600,590.00. Rebates TIF Strategic Planning Policy 1, 3 and 4 regarding Economic Development Not approve ORIGINAL PLAT WATERLOO EAST LOT 7 BLK 39 EXC SELY 6 FT NELY 58 FT SAID LOT 7 AND EXC SELY 4.5 FT SWLY 2 FT SAID LOT 7 LOT 10 BLK 39 EXC SELY 4.5 FT SAID LOT 10 AND THAT PART VAC MULBERRY ST ADJ LOT 10 BLK 39 DESC AS BEG AT PT ON SWLY LINE LOT 10 THAT IS 4.5 FT NWLY OF MOST SLY COR LOT 10 TH NWLY 1.5 FT ALONG SWLY LINE LOT 10 TH SWLY 2 FT TH SELY 1.5 FT TH NELY 2 FT TO PT OF Page 163 of 210 BEG MANSON AND COOLEYS SUBDIV LOT 6,7,8 AND 9 EXC SELY 6 FT SAID LOTS AND EXC NELY 2.5 FT SAID LOT 6 Page 164 of 210 Prepared by Christosher S. W rndl nd P.O. Box 596 Waterloo, IA 50703. 319-234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of - • , - , 2019, by and between Twin Trees, LLC (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. ;' B. Company has completed and is willing and able to finance and undertake additional renovations to an existing commercial building located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. ,t. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company is the owner of a multi -story commercial structure located on real property at 02- 0 - E. 4th Street, Waterloo, described on Exhibit "A" attached hereto (the "Property"). Company has completed certain work and will continue to undertake the Project (defined below) upon the Property. 2. Improvements by Company. Company has made substantial renovations to the Property that have significantly increased the taxable value of the Property. Company agrees that any further work of renovation or construction shall be made in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. All renovations made by Company heretofore and those that may be made hereafter are collectively referred to as the "Improvements"). The Property, the Improvements, and all development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Only Page 165 of 210 Improvements completed by December 31, 2023 will be eligible for any incentives provided by City under this Agreement. 3. Relation to Prior Agreement. The Property is subject to the terms of a certain development agreement between City and JSA Development, LLC, dated December 19, 2011 and filed April 4, 2013 as Doc. No. 2013-20574 (the "JSA Agreement"). By this Agreement, the parties desire to terminate the effect of the JSA Agreement with respect to the Property and to incorporate and extend herein certain provisions of such agreement. Upon execution of this Agreement, the JSA Agreement shall have no further force or effect in relation to the Property but shall otherwise continue in force and effect according to its terms. 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Com an further agrees that, prior to the date set forth in Section 2 of 0 Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $1,196,420.00 "Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii)a request to the assessor of Black Hawk County; or (iii)any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" concurrently with execution of this Agreement. 5. Property Tax Rebates. Provided that Company has executed the Minimum Assessment Agreement as set forth in Section 4, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 100% rebate for each of Years One through Six, inclusive, for any taxable value over the base value of $600,590.00 as set by the JSA greement. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, and if Company fails to do so within thirty (30) days following delivery of written notice from City, Company's right to a rebate for that year will be forfeited in the City's discretion. 2 Page 166 of 210 This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given "Year One" shall be the 2019/2020 fiscal year starting July 1, 2019. 6. Obligations Contingent and Cancellable. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. Likewise, Company's obligations under this Agreement are subject to and contingent upon City's completion of all such procedures, hearings and approvals. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 6. Representations and Warranties Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement and would not have offered the substantial Project incentives described herein. Upon breach of any promise or covenant, or in the 3 Page 167 of 210 event of the incorrectness or falsity of any representation or warranty, City shall deliver written notice of such breach to Company, and if Company fails to cure such breach within sixty (60) days thereafter, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 10. Notices. Any notice under this Agree ent shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 ulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 402 E. 4th Street, 2nd Floor, Waterloo, Iowa 50703, Attn: AK y Delivery of notice shall be deemed to occur (I) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 11. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 12. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default 13. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable, if any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in f Ii force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, ut that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 4 Page 168 of 210 14. aptions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agree ent or of any provisions hereof. 15 undun • ftect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 16. ounter arts. This Agreement may be executed in one or more counterparts, each of which shall be ieemed an original and all of which, taken together, shall constitute one an. the same instrument. 17. Entire A reement This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all' prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter ereof. 18. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA f. Quentin M. Hart, Mayor Attest: Kelley Feichle, City Clerk TWIN TR POW., By Title: ES, LLC 5 Page 169 of 210 EXHIBIT "A" Legal Description of Property ORIGINAL PLAT WATERLOO EAST LOT 7 BLK 39 EXC SELY 6 FT NELY 58 FT SAID LOT 7 AND EXC SELY 4.5 FT SWLY 2 FT SAID LOT 7 LOT 10 BLK 39 EXC SELY 4.5 FT SAID LOT 10 AND THAT PART VAC MULBERRY Y ST ADJ LOT 10 BLK 39 DESC AS BEG AT PT ON SWLY LINE LOT 10 THAT IS 4.5 FT NWLY OF MOST SLY COR LOT 10 TH NWLY 1.5 FT ALONG SWLY LINE LOT 10 TH SWLY 2 FT TH SELY 1.5 FT TH NELY 2 FT TO PT OF BEG MANSON AND COOLEYS SUBDIV LOT 6,7,8 AND 9 EXC SELY 6 FT SAID LOTS AND EXC NELY 2.5 FT SAID LOT 6. Page 170 of 210 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 2019, by and among the CITY OF WATERLOO, , IOWA ("City"), TWIN TREES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). 11 ITI ESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, pursuant to the Development Agreement, the Company has undertaken and/or will undertake the development of an area "Project" within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon execution of this Agreement and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the plans and specifications for the improvements (the "Improvements") which have been made or that the parties contemplate will be constructed as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. The minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements constructed and to be constructed thereon by the Company as a part of the Project shall not be less than $1,196,420.00 ("Minimum Actual Value") until termination of this Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December ember 31, 2031, Nothing herein shall be deemed to waive the Company's rights under Iowa Code 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Page 171 of 210 3. This Agreement shall be promptly recorded by the City with the Recorder lack Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the reambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA TWIN TREES, LLC By: Quentin M. Hart, Mayor Attest: Kelley Feichle, City Clerk STATE OF IOWA COUNTY OF LACK HAWK ) ss. Title: .111111111111111111111111111...,,,w,,,,, On this day of 2019, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who bein duly sworn, did say that they are the Mayor an* City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act an deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. Notary Public USTIN THO COMMISSION NO. 740501 MY CO SSION P1RES Page 172 of 210 COUNTY OF BLACK HAWK ) Acknowle ged before me on as Pachne r of Twin Trees, LLC. , 2019 by 2 Notary Public Page 173 of 210 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements ent constructed or to be constructed and the market value assigned to the land upon which the improvements have been constructed or are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than One Million One Hundred Ninety -Six Thousand Four Hundred Twenty Dollars ($1,196,420.00). STATE OF IOWA COUNTY OF BLACK HAWK ) ) ss. Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2019, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 174 of 210 CITY OF WATERLOO Council Communication Resolution approving the Partial Termination of a Development Agreement with AMA Real Estate, LLC, approved by Council November 23, 2015, and filed December 8, 2015 as Doc. No. 2016-10441, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/13/2019 Prepared: 5/7/2019 REVIEWERS: Department Planning ling Clerk Office ATTACHMENTS: Description partial release SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Reviewer Schroeder, oeder, .A..mric Even, 1 eAnn Action Approve Approved Type Backup at ri _ . Date 5/8/2. 19 ,,,,,, 1 . : 5/8/2019 ,,,,,,, 1.. 1 Resolution approving the Partial Termination of a Development Agreement with AMA Real Estate, LLC, approved by Council November 23, 2015, and filed December 8, 2015 as Doc. No. 2016-10441, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approval of Partial Termination AMA Real Estate did not expand onto the property therefore the City acquired the land per development agreement approved in 2015. The City now has developers that would like to construct three new buildings on the property and need to partially release the property from the 2015 agreement. None N/A Land Use N/A The parcel identified as "Remainder" on the Plat of Survey Doc. #2019- 09618, being a part of Parcel "E" of Plat of Survey Doc. #2016-11511 of part of the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. and Parcel "H" of Plat of Survey Doc. #2019-12691 of part of the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Page 175 of 210 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 Return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. PARTIAL TERMINATION OF DEVELOPMENT AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") and AMA Real Estate, L.L.C. ("Company") entered into a certain Development Agreement (the "Agreement") and Minimum Assessment Agreement (the "MAA"), each dated November 23, 2015 and filed December 8, 2015 as Doc. No. 2016-10441, concerning real property legally described in said documents; and WHEREAS, due to performance of the parties and transactions subsequent to the Agreement date, the parties desire to terminate the applicability of the Agreement and the MAA as to a portion of the Property as described therein. NOW, THEREFORE, the parties hereby agree that, with respect to the following real estate: The parcel identified as "Remainder" on the Plat of Survey Doc. #2019-09618, being a part of Parcel "E" of Plat of Survey Doc. #2016-11511 of part of the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. and Parcel "H" of Plat of Survey Doc. #2019-12691 of part of the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. the provisions of the Agreement and the MAA shall be terminated as of the date hereof and shall have no further force and effect. Dated CITY OF WATERLOO, IOWA AMA REAL ESTATE, L.L.C. By: By: Quentin Hart, Mayor Adam Delagardelle, President Attest: Kelley Felchle, City Clerk [acknowledgments on next page] Page 176 of 210 STATE OF IOWA ) BLACK HAWK COUNTY ) ss. Acknowledged before me on , 2019 by Adam Delagardelle as President of AMA Real Estate, L.L.C. S TATE OF IOWA ) BLACK HAWK COUNTY ) ss. Notary Public Acknowledged before me on , 2019 by Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 177 of 210 CITY OF WATERLOO Council Communication Resolution approving the 2019 Farm Lease Agreement with J&J Hoffman Farm, LLC, to farm approximately 16.52 acres of land, generally located southeast of the John Deere Tractor Works and northeast of 4455 Remington Road (Twin City Hide), in the amount of $201.27 per acre for a total of $3,325 per year, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/13/2019 Prepared: 6/14/2016 REVIEWERS: Department P lanning nl all:. g Clerk Office ice ATTACHMENTS: Description o ....., e as e ...... gre e:rnen. t ▪ Signed fB 1.. i acket O Aerial Ph( to SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer croed.er, As.c l ven, cAu .Ilan. Action A pprov d Approved Type Cover :..... e__..: Cover c arm Cover Date 5/8/201. 9 ,,,,,,, i :07 5/8/20. 9 ,,,,,,, :5 8 A Resolution approving the 2019 Farm Lease Agreement with J&J Hoffman Farm, LLC, to farm approximately 16.52 acres of land, generally located southeast of the John Deere Tractor Works and northeast of 4455 Remington Road (Twin City Hide), in the amount of $201.27 per acre for a total of $3,325 per year, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approval of City owned land to be leased. This is a request between the City of Waterloo J & J Hoffman Farm, LLC to farm approximately 16.52 acres of land generally located southeast of the John Deere Tractor Works and northeast of 4455 Remington Road (Twin City Hide) at $201.27 per acre for a total yearly payment of $3,325.00. The land was recently annexed and acquired by the City of Waterloo this year and it has not been farmed for over two years, so, the farmer has indicated that getting a good crop this first year when putting the land into p ro duc do n may be lower than average. As the years go on, new rental amounts can be looked at as crop yield amounts begin to increase. Due to this land being farmed for the first time in two years, staff believes this to be a fair lease amount based on such circumstance. Tenant shall pay their yearly lease amount on or before December 1, 2019 to pay said lease amount. The attached lease agreement details insurance requirements and names the city as a party of such. Staff sent out requests for bids to three farmers, however, J & J Hoffman, LLC is the only bidder that submitted to farm the land. Page 178 of 210 Expenditure Required: There will be no costs associated with this agreement. Source of Funds: N/A Policy Issue: Property Management Alternative: N/A Background Information: Legal Descriptions: The property was acquired by the city in March of 2019 and annexed into the city limits. South one-half of the Northwest Quarter of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa, except that part conveyed for road purposes in 499 Deeds 202. Page 179 of 210 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2019, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and J&J Hoffman, LLC, Thereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located to the northwest of 4455 Remington Road (Twin City Hide) along the east side of North Elk Run Road, and legally described in Exhibit "A", attached hereto and made a part hereof by this reference. Lessee shall use the Property only for growing row crops and shall not use the Property for any other purpose whatsoever. The property described in Exhibit "A" is approximately a total of 16.52 acres that is tillable. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2019, and terminating on the 31st day of December, 2019. The Lessee agrees to pay the City $201.27 per acre for a total of $3,325.00 for the use of the Property on or before December 1, 2019. Any payment made is non- refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice if the City needs the use of the Property for its own purposes. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department. 4. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with seed mixture as approved by Leisure Services. Further, Lessee agrees that if flooding occurs, no agricultural activities will occur until the land has dried and recovered sufficiently. 5. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, he will instruct them to leave the premises. 6. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever to any person or property which may arise out of or are in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents. 7. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence and $5,000,000 annual aggregate. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later September 1, 2019. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 8. Lessee agrees to prohibit all engine -powered off -road vehicles and four-wheel drive vehicles other than agricultural equipment. 9. In the event any other person acquires a right of ingress and egress across the Property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance, which may be necessary, at no cost to the City. Page 180 of 210 10. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations, which occurred during the term of this Agreement. 11. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 12. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 13. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 14. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 16. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 17. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. 2 Page 181 of 210 CITY OF WATERLOO LESSEE: BY: By: Quinten Hart, Mayor ATTEST: Kelley Felchle, City Clerk CITY'S ACKNOWLEDGMENT: J&J Hoffman, LLC By: Its: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2019, before me, the undersigned Notary Public, personally appeared the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2019, before me the undersigned, a Notary Public in and for the County of , State of Iowa, personally appeared , to me known to be the person(s) named in and who executed the foregoing instrument. Notary Public 3 Page 182 of 210 PROPOSAL/BID FORM FOR SE OF JOIIN DEERS TRACTOR WORKS AND NE OF 4455 REMINGTON ROAD (TWIN CITY HIDE) City of Waterloo: 1. The undersigned hereby certifies that they have the sole responsibility to examine the Notice to Bidders, southeast of the John Deere Tractors Works and northeast of Ti. City Hide (4455Remington Road) along the east side of North Elk Run Road, and Proposal/Bid Form and is familiar with the Farm property in question, all applicable USDA Farm Service Agency Records, and local conditions pertaining to this work. 2. The production of row crops shall comply with the SW of John Deere Tractor Works and NE of 4455 Remington Road (Twin City Hide) Farm Lease and generally accepted farming guidelines. The lease will set forth the complete terms of the contract between the parties and will supersede all terms, conditions, or promises set forth in the Notice to Bidder, this Proposal/Bid Form, or otherwise. The successful bidder will enter into a lease on terms acceptable to the owner, which will be substantially in the form provided to bidders with the bid solicitation. The sole use of the property shall be for row crop production purposes. 3. The undersigned, in compliance with your Notice to Bidders dated Y/?- 2019, hereby proposes to do the work called for in said lease and to furnish all crop inputs, materials, tools, vehicles, equipment, labor, and any other thing necessary for the said work, at the following rate: Description Unit Bid Price 16.52 acres (2019) Total Bid $ We27 $ 33g' 4. The undersigned recognizes that City of Waterloo, in its sole discretion, has the right to reject any and all bids, and to waive any and all irregularities or technicalities. In addition to information submitted by the bidder, other information known to the evaluator about the bidder, the City's experience with the bidder, and/or information from references may be relied upon in evaluating the bid. Financial terms will not be the sole determining factor. Failure to submit all required information or documents may disqualify the bid. 5. The bidder will complete and provide the Bidder's Information Sheet and Synopsis of Experience Record form and enclose them with the bid. Page 183 of 210 Bidder's Information Sheet A. Bidder's Capacity: (check one) I. Individual 2. Partnership 3, Corporation 4. Limited Liability Company 5. Other (describe) B. If Item #2 or #5 above is checked, complete the following) Principal office in State of Names and addresses of general partners, owners or trustees: 1. 2. 3. 4. C. (If Item 43 above is checked, complete the following) State of Incorporation Names and addresses of officers: President: Secretary: Treasurer: D. (If Item #4 above is checked, complete the following) State of Organization Names and Addresses e of Managers: i. JWii' R. !�%��,✓ 3_ �' ��... /�Sf uinfer/d, rio5076.3 2. A-05A, o)- ,5. Ch ILSI OLv St �b Page 184 of 210 Name of Bidder: Business Address: Synopsis of Experience Record JET {�,e-.� r—�,em 146- Y.;op bicoliaa Farming production of crops/hay successfully completed within past five years similar in size, scope, and difficulty to the work bid upon. Name of Owner Acres of Farm 1, #' 2. 3. igkf, a. jfatn9,A, iay 7B 5. Business References: Name 10041.e, Bad rat eis740-4`' 2. 0601S�; 3. kili/a- (Signed) Location of Farm Amount of Lease 0 5-06 '14,6 iVE560 Company Phone Number as 3/9- g7.2._-2,?7:_s- 0 v ��.rJ��a-i✓ Cc�vv,P Avame 319-232a—y.:t,9/ (By Print) % %/�/ ga (Title) infililafe f' (Date) 171--- Page 185 of 210 Ig ' 10 pIII tltl 1 1u gluII milllllllVhlllu I1 1' VIM IIIIIIIIIIVII 1 ohn Deeree,y,�MTractor Works m r^.•w� m Tq o,yr��m m14dJwiMrl�'i'nB(wC� rrrl� w ., , ^ a r WmW'cWW��M�x "ti, 3500 E ��! 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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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. Request for Bids City of Waterloo, Iowa W+E 200 400 Feet age "186 of 210 CITY OF WATERLOO Council Communication Resolution approving four-year Collective Bargaining Agreement with AFSCME Local 1195 Planners and Engineers; AFSCME Local 1195 Police Lieutenants & Code Enforcement Officers; Teamsters Local 238; Municipal Employees Local Union No .17 7; Communication Workers o f America; Waterloo Police Protective Association and International Association of F ire Fighters Local No. 66, and authorize the Mayor and Human Resources Director to execute said documents. City Council Meeting: 5/13/2019 Prepared: 5/10/2019 REVIEWERS: Department Reviewer Hum n. _ .esoUrc'CS Dunn, 1 ianec Clerk Office Even, lr ,c Aan. ATTACHMENTS: Description ▪ Chapter 2 N egc: ▪ City of c rll.00 SUBJECT: �, -nary o . N egotii a ;on s Action Date Approved Approved 0:0 Type CoverMemo Backup ui. 4 aterial. Resolution approving four-year Collective Bargaining Agreement with AFSCME Local 1195 Planners and Engineers; AFSCME Local 1195 Police Lieutenants & Code Enforcement Officers; Teamsters Local 238; Municipal Employees Local Union No.177; Communication Workers of America; Waterloo Police Protective Association and International Association of Fire Fighters Local No. 66, and authorize the Mayor and Human Resources Director to execute said documents. Submitted by: Submitted By: Lance Dunn, Human Resources Director Recommended Action: Approve Bargaining Agreements. Summary Statement: The rate increase for the majority of the employees is at 2.5% for FY 2020 and 2021 with Police and F ire at 3.25% FY 2020 and 3.0% F Y2021. All probited subjects were removed from the contract and, per Council direction, all permissive subjects were bargained. Wages and Insurance will be reopened in all of the contracts in FY 2022 and FY 2023. Some contracts will also reopen language in FY 2022 and FY 2023 Page 187 of 210 Non -Public Safety -Subjects of Bargaining (Mandatory, Permissive, and Prohibited) 1. Mandatory subject of bargaining — "Base Wages" a. PERB has defined "base wages" as: "the minimum (bottom) pay for a job classification, category or title, exclusive of additional pay such as bonuses, premium pay, merit pay, performance pay or longevity pay." (See Oskaloosa Community School District, 17 PERB 100823; Columbus Community School District, 17 PERB 100820) b. Base wages includes: i. Starting bottom wage for each classification (Note: if there is a pay rate for a teacher, and an additional pay rate or stipend for a coach, both pay rates are "base wages" because teacher and coach are treated as separate classifications) ii. Payday iii. Method of payment iv. Explanation of what base wage means v. If educational lanes are created (e.g., BA, BA+15, BA+30, etc.), the starting wage for the educational lane is mandatory as "base wages" c. NOTE: mandatory subjects shall be interpreted narrowly and restrictively. (Iowa Code § 20.9(1)) 2. Illegal subjects of bargaining: a. Retirement systems b. Union dues checkoff/deduction c. Payroll deductions for political action committees d. Political contributions e. Other political activities f. Insurance g. Leaves of absence for political activities h. Transfer procedures i. Evaluation procedures j. Procedures for staff reduction k. Supplemental pay i. Defined as: "a payment of moneys or other thing of value that is in addition to compensation received pursuant to any other permitted subject of negotiation specified in section 20.9 and is related to the employment relationship." ii. Supplemental pay includes: 1. Payment of sick leave on retirement 2. Travel and lodging reimbursement 3. Free meals 4. Moving reimbursement or relocation stipend 5. Tuition reimbursement or education stipend Page 188 of 210 6. Clothing allowance or reimbursement for NON -SAFETY clothing 7. Parking reimbursement or fees 8. License/Certification reimbursement 9. Uniforms provided at no cost (if NON -SAFETY uniform) 10. Replacement of uniforms (if NON -SAFETY uniform) 11. Shoe boot replacement, allowance or reimbursement (if NON - SAFETY shoes) 3. Permissive subjects of bargaining: a. All matters not provided as mandatory, and not prohibited by Iowa Code § 20.9, are "permissive" subjects for bargaining. b. Some possible examples: i. Hours ii. Vacation iii. Leaves of Absence (except leaves for political activities) iv. Job classifications v. Health and safety matters vi. In-service training vii. Release time viii. Grievance procedures ix. Seniority x. "Permissive" wages: 1. Salary schedule placement 2. Holiday pay 3. Payout of vacation when employee leaves employment 4. Payout of vacation when employee reaches maximum vacation accrual 5. Conversion of sick leave to vacation 6. Pay ranges 7. Reimbursement, Allowance, Replacement of SAFETY clothing/shoes/gear/equipment 8. Compensatory Time 9. Overtime 10. Shift Differentials 11. Paid lunches or breaks 12. Work Assignment Differential (being paid additional wage for doing additional or special duties temporarily) 13. Deferred Compensation 14.Vacation pay 15. Employer provided cell phone or cell phone allowance or reimbursement 16. Pay steps 17. The creation of pay lanes Page 189 of 210 18. Step/lane movement 19.Allocation of Teacher Salary Supplement monies 20. Stipend payment/other compensation for performing additional duties Type of Unit Mandatory Prohibited Permissive Public Safety • Wages • Retirement "Other matters Employees • Hours • Dues checkoffs mutually agreed to" • Vacations • Payroll *unit has at least • Insurance deductions for 30% public safety • Holidays PACs employees • • Leaves of Absence Shift • Other political payroll deductions • Differentials Overtime • Political activity deductions • Supplemental Pay • Seniority • Transfer Procedures • Job Classifications • Health & Safety • Evaluation Procedures • Staff Reduction • In -Service Training • Grievance Procedures Non -Public Safety • "Base Wages" • Insurance "Other matters Employees • Leaves of mutually agreed to" Absence for political For example: activities • Supplemental • Hours Pay • Vacation • Transfer • Holidays Procedures • Leaves of • Evaluation Procedures Absence (except political leaves) • Staff Reduction • Overtime • Retirement • Shift Page 190 of 210 • • • Dues checkoffs Payroll deductions for PACs Other political payroll • • • Differentials Job Classifications Health & Safety In -Service Training deductions • Grievance • Political activity Procedures deductions • Seniority • Wages and benefits based on seniority Page 191 of 210 City of Waterloo Collective Bargaining 2019 Summary of Tentative Agreements Waterloo Planners & Engineers (AFSCME) Includes: Associate Planner, Associate Engineer, Traffic Engineer, Planner II, Programmer Analyst, Storm Water Specialist Agreement: Duration: 4 years Wages: Other: Year 1: 2.5% ATB Year 2: 2.5% ATB Year 3: reopen Year 4: reopen • Remove prohibited topics • Increase pay for PE License from $3.70 per hour to $5.00 per hour. NOTE: Bargaining history shows a trend for Waterloo to try to catch this group up so that their top pay is in line with the median pay of other cities. The increase in the PE license pay impacts one employee and the licensed PE employee is significantly underpaid when compared to the market. Nearly every other classification has had their top pay almost "caught up" to the median of other cities. Waterloo Mixed (Teamsters) Includes: Clerks, Secretary, Evidence Technician, Animal Control Agreement: Duration: 4 years Wages: Year 1: 2.5% ATB Year 2: 2.5% ATB Year 3: reopen Year 4: reopen Page 192 of 210 Other: • Remove prohibited topics • Change Birthday Day to a floating holiday • Eliminate carry over of casual day • Bereavement leave: add that in the event of a death of an employee's spouse or child the four days shall include the day after the funeral and allow leave for celebration of life if no funeral planned • Market adjustment increase of $1.00 per hour for Animal Control position. • Create Animal Control Lead position that gets $1.00 per hour increase. • NOTE: Animal control can fund these increases because they also provide animal control for UNI and Cedar Falls and charge for these services. Waterloo Laborers (LiUNA No. 177) Includes: Employees in the following departments: Airport, Building Inspections, Building Maintenance, Garage, Engineering, Sanitation, Leisure Services, Streets, Traffic, Waste Management Agreement: Duration: 4 years Wages: Other: Year 1: 2.5% ATB Year 2: 2.5% ATB Year 3: wages and language reopen Year 4: wages and language reopen • Remove prohibited topics • Non -substantive language changes for airport department • Department heads wanted language reopened in years 3 and 4. There are several newer department heads and they want to have the opportunity to negotiate changes to overtime, etc. in two years after learning what works and what doesn't. Waterloo Library (CWA) Includes: Library Aide, Library Assistant, Marketing and Volunteer Coordinator, Librarian I and Information Literacy Coordinator Agreement: Duration: 4 years Wages: Year 1: 2.5% ATB Year 2: 2.5% ATB Year 3: Wages reopen Year 4: Wages reopen Page 193 of 210 Other: • Remove prohibited topics • Late shift, Saturday and Split shift scheduling language removed • Holiday Scheduling language removed • Overtime/Sunday work language removed • Staff meeting language removed • Transition Year language removed Waterloo Code Enforcement & Police Lieutenants (AFSCME) Includes: Police lieutenants, code enforcement officer, data systems/records manager, and property evidence coordinator Agreement: Duration: 4 years Wages: Year 1: New step system for lieutenants (Step 4 becomes step 1, add steps); 2.75% increase for evidence coordinator, data systems/records manager, code enforcement officer NOTE: New steps were needed due to wage compression between officers and lieutenants. Some officers were making more than lieutenants Year 2: 2.5% ATB for lieutenants; 2.75% ATB for evidence coordinator, data systems/records manager, code enforcement officer Year 3: wages and insurance reopen Year 4: wages and insurance reopen Other: • Remove dues deduction • Change Veteran's day to a floating holiday • Make sick leave accrue monthly rather than getting all sick leave at the start of the fiscal year. • Change bereavement leave to give 4 days for death of immediate family member and reduce to 1 day for death of aunt, uncle, grandparent -in-law, niece or nephew. Previously, employees got 4 days for aunt, uncle, and grandparent -in-law. • Clothing Allowance: Uniformed lieutenants allowance increased from $250 per year to $510 per year. City no longer will clean uniforms but employees can use increased allowance for cleaning. Non -uniformed captains and lieutenants receive $810 per year clothing allowance (same as upper level management) • If employee is demoted, discharged or resigns in lieu of termination, City will only disclose employee's name, policies violated and discipline unless law requires additional information be disclosed. Page 194 of 210 • If employee passes physical fitness test, they will receive 16 hours of comp time (increase from 12 hours) but employees will not get comp time or cash payment if they are already at comp time max. • Longevity pay After 12 Years of Service will be $32.30 Bi-Weekly, $70- Monthly and $840 Annually Waterloo Police Officers Includes: Police Officers and Police Sergeants Agreement: Duration: 4 Years Wages: Other: Year 1: 3.25% ATB Police Officer Wage Table increase (Before ATB Raise • 15th Year-$300 • 20th Year-$750 Sergeant Wage Step increase (Before ATB Raise) • Step 7- $500 • Step 8- $1,000 Year 2: 3.0% ATB Year 3: Wages and Insurance Reopen Year 4: Wages and Insurance Reopen • If employee passes physical fitness test, they will receive 16 hours of comp time (increase from 12 hours) but employees will not get comp time or cash payment if they are already at comp time max. • Upon appointment to the rank of Sergeant, an individual shall be assigned to Step 1 in the Sergeant classification. Employees promoted to Sergeants prior to January 1st of the current fiscal year will be eligible to move from Step 1 to Step 2 on July 1st of the next fiscal year. Employees promoted to Sergeants on or after January 1st of the current fiscal year will not be eligible to move from Step 1 to Step 2 on Julylst of the next fiscal year and must wait until July 1st of the following year to move to Step 2. • Transfer of Sick Time- At the end of each calendar year, if an employee has at least 32 hours of usable sick leave, the unused portion of the employee's usable sick leave bank shall be totaled and segregated. Upon reaching Three hundred eighty (380) hours, of accrued sick time in the employee's long term storage bank, 25% of the segregated total shall be placed into the employee's Unscheduled Days bank and 75% shall be placed in a sick long term storage bank for future use. This provision is being inserted into the contract to encourage employees not to use sick leave. The parties agree to review the sick leave usage of Page 195 of 210 employees prior to June 30, 2023, to determine whether this provision has deterred employees from using sick leave. This provision shall be removed from the contract on June 30, 2023, unless the parties agree to include the language in a successor contract/agreement. • There will be no pay out upon an employee's separation from City employment from the storage sick leave bank. Waterloo Fire Includes: Fire Fighter, Fire Engineer, Paramedic, Lieutenant, Medical Supervisor and Captain Agreement: Duration: 4 Years Wages: Other: Year 1: 3.25% ATB Paramedics -additional 1% ATB Year 2: 3.00% ATB Paramedics -additional .5% ATB Year 3: Wages and Insurance Reopen Year 4: Wages and Insurance Reopen • NEW SECTION- Tactical Medic Training- Training for WFR tactical team members shall be paid at straight time rate and must be taken as compensatory time. Payment for call up responses for team members shall be as outlined in Article 8.04. • In the event that any member is ordered to appear in court, or otherwise participate in activities surrounding any legal proceeding on their off -duty time due to a job -related incident, it shall be considered a call-back, and compensated for at the overtime rate, with a two (2) hour minimum period. Payment for court appearance shall be as outlined in Article 8.04. • If mutually agreeable between the department and the employee, an employee may be reimbursed for overtime with compensatory time off. Compensatory time shall be earned at a rate of one and one half (1 and %z) times any extra hours worked. Regularly scheduled overtime is defined as overtime, which is scheduled, and shall be compensated as outlined in Article 8.03. Compensatory time shall be earned at a rate of double (2) times any extra hours worked for emergency or unscheduled overtime as defined in Article 8.04 and shall be compensated as outlined in Article 8.04. Compensatory time shall be earned at the straight time rate for that period of time when a fire fighter volunteers for additional off -duty training, unless it exceeds the FLSA Standards. • Casual days will be allowed only when there are not more than five (5) employees off on the shift involved. Only one (1) employee will be allowed off at a time unless there are less than five (5) employees off on Page 196 of 210 the shift involved. A maximum of 6 personnel will be allowed off per day. A casual day, once assigned to a member, will not be revoked. Any exception to the above shall be made by the Chief of the Department. • Established annual physical standards and the mechanism for testing the ability for employees to meet these standards, the methods to require compliance with these standards, and any disciplinary procedure for failure to comply, through the Labor Management Committee Meetings. Once established, they shall become a part of this contractual agreement. The Annual Physical Standards agreed to by the City and Union are attached and incorporated into this contract through Appendix A. Page 197 of 210 CITY OF WATERLOO Council Communication Request by Darci Lenehan for a site plan amendment to the "M-2,P" Planned Industrial District for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road. City Council Meeting: 5/13/2019 Prepared: 5/1/2019 REVIEWERS: Department Reviewer Action Date P" annimam s, nin I Schroe .'fer, _A ric Approved 5/1/2 9 ,,,,,,, 1(a:08 .. Orrice 19 10:1 „r A ATTACHMENTS: Description ▪ Sta Report o Aerial o O ve_ry ie o S t e .1 i.anr.. 0 Plat of ouit --y O letures ▪ 113ftfilding Design a v O pp� �catio�m SUBJECT: Type Cover .... 'no Backup ate,rra_ .3 ac G:upMaterial. 1:3 ackup ..a,ter ii.ai. 13a-ck.up a..eriall. Covem.: e Tito Cover BackupMaterial Motion to receive, file, consider, and pass for the second time an O rdinanc e amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approve a request by D arc i Lenehan for a site plan amendment to the "M-2,P" Planned Industrial District, for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted b Submitted By: Noel Anderson, Community Planning and Development y Director Recommended Action: Approval Transmitted is a request by the D arc i Lenehan for a site plan amendment to the "M-2,P" Planned Industrial District for an updated site plan for the Summa Statement: construction of a 14,400 square foot Truck Wash Facility, located northeast of 2510 Leversee Road. The applicant is requesting to construct a 14,400 SF Truck Wash Facility. Expenditure Required: None Source of Funds: N/A Page 198 of 210 Policy Issue: Alternative: Background Information: Legal Descriptions: Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. N/A The request to construct the Truck Wash building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Leversee Road which is a Minor Arterial and Lone Tree Road which is a Collector. There are currently no water or sewer facilities at the project site, but the City is in the process of extending water and sewer to the site and immediate vicinity to assist with future economic development and business creation in the area. It may take a year or more before water or sewer services are brought to the site. The site will also require a wastewater lift station to be built as well. The area in question is zoned "M-2,P" Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries on large tracts of land, and allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time to minimize any adverse effect upon adjacent properties in other zoning districts. At the Planing and Zoning Commission regular meeting on April 2, 2019, it was unanimously recommend for approval with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. Therefore, staff recommends that the request for site plan amendment in the "M-2,P" Planned Industrial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. A parcel of land located in the northwest 1/4 of the southwest 1/4 of Section 32, Township 90 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. More particular described as follows: Commencing at the Southwest Corner of said Section 32; Thence NI °23' 06"W 1410.21' along the west line of the southwest 1/4 of said Section 32; thence N89°21' 21 "E 33.00' to a point on the east Right -Of -Way line of Levesee road, said point being the point of beginning; thence N 1 °23' 06"W 504.04' along said east Right -of -Way line; Page 199 of 210 Thence N89°21'21"E 416.26; thence S 0°38' 39"E 500.00; thence, S89°21'21"W 409.8 to the Point of Beginning, containing 4.74 acres, Subject to easements add restrictions, if any. Page 200 of 210 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: DEVELOPMENT May 6, 2019 Request by Darci Lenehan for a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a 14,400 SF Truck Wash building and located northeast of 2510 Leversee Road. Darci Lenehan, 3003 Minnetonka Drive, Cedar Falls, IA 50613 The applicant is requesting to construct a new 14,400 SF Truck Wash building and northwest of 2510 Leversee Road is an area currently being platted. The request to construct the Truck Wash building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Leversee Road which is a Minor Arterial and Lone Tree Road which is a Collector. There are no trails or sidewalks in the immediate project area. The area in question has been zoned "M-2,P" Planned Industrial District since March 13, 1995, when the land was rezoned from "A-1" Agricultural District. Surrounding land uses and their zoning designations are as follows: North — Vacant Land and Airport, zoned "M-2,P" Planned Industrial District. South — Vacant Land and Airport, zoned "M-2,P" Planned Industrial District. East — Vacant Land and Airport, zoned "M-2,P" Planned Industrial District. West — Residential and the City of Cedar Falls A buffer to the west may be required as a part of this rezoning request due to it being a residential area. The applicant will need to submit and execute a landscaping plan for the site during the building permit approval process. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place for the two proposed drainage ponds. The surrounding area is vacant land to the north, south and SPA -NE of 2510 Leversee Road Page 1 of Page 201 of 210 HISTORY: 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: May 6, 2019 east. The homes to the west in the City of Cedar Falls were built between the 1930's and 1990's. None of the property is located in the 100-year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0166F, dated July 18, 2011. Lincoln Elementary School is located 2.72 miles to the southeast, George Washington Carver Academy is located 3.94 miles to the southeast, and East High School is located 5.2 miles to the southeast. There are no parks in the immediate vicinity. There are currently no water or sewer facilities at the project site, but the City is in the process of extending water and sewer to the site and immediate vicinity to assist with future economic development and business creation in the area. It may take a year or more before water or sewer services are brought to the site. The site will also require a wastewater lift station to be built as well. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to construct up to a 14,400 SF building with a 10-lot parking lot for truck parking. The area in question is zoned "M-2,P" Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries on large tracts of land, and allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The Zoning Ordinance requires 2 stacking spaces for each bay, one stacking space for each vacuuming unit, plus 1 space for every 2 people employed at the facility. The site plan shows 10-parking spaces and meets the parking requirements by only having 4 bays and two employees. The site plan will need to be updated to include front, rear, and side yard setbacks for the proposed truck wash facility. The Planning and Zoning Commission at their regular meeting on April 2, 2019 unanimously approved the site plan amendment. A plat has been submitted for this area as part of another request. SPA -NE of 2510 Leversee Road Page 2 of Page 202 of 210 TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: May 6, 2019 The Technical Review Committee noted that it could be a year or more before water, sewer, and other utilities are installed or brought to the Truck Wash Site. Therefore, staff recommends that the request for site plan amendment in the "M-2,P" Planned Industrial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. SPA -NE of 2510 Leversee Road Page 3 of Page 203 of 210 City of Waterloo City Council May 6, 2019 % , / u up u u u1uYuuulullull 4V u u u u I V I I V a I I IVI Im lI ll IV � I mI u VI 1 � l 1 N u I a�d u u u M u u u u W I Nl V I I I u M u u u lu u M u u )l mu N u ° WM I ° I II N W M 1 V I m V ,I1 �M IVV I I I 1 V I, ^V u d II I I I II m V N 11111 luIIIIImIIhWIIIIIIIIIIIIIIIIIIII uuuuuu II uIuIIuIIlI1I1I1I1I1IVIIuII1IIIIIIW1IVMMuuuMMMMMMMMMMMmuMIMudlal l l u l I h ° V uId I N fl uI M l lm n NV, I Idm °I I l I N II' I ' IIM II ' A I I I I 1 IUUUI IIImIMII UIIIIIIIIIII1IIIIumuuuuuuuuum ul Imp � IIII l l l 0U U UI I II uu I l l I J I I I I I � I 1 1 I V I 4 P ° ' I i i i i i i i i i i W 1 M ° ° ° ° ° ° l l ° l u a u U I l l u u 1hlm lUm4 N u l l l l l M M M M I u 1 III01W a °I u u u u M , 10 11 1 EMI I�� W„1 I�I I MVflUU uu I�I � uuu I11111111UdIIIIlllllhUl;1 I, m gal I m uWlyIlNuumu ummlBmim a Iltlh�1 Id'mr�jp� m III 1 Iul IIIII III VI111111 �� d1,UuuuIIIIIWII Pil Mm;mmIIIllllll I WMnMNI.01MIMMMWIIII0100illIII"I1'Ihrtm "°lh IN11111�III1 1 1 1001111111, I I Vu 1 I 11a1111i111 m' mVMm�I, N m1 rvIjII UIIIINII I -III IIIIIIIIIIIIIIIIIIIIIII,IIII 0mIIdNMIIilIIIIIIIIIIINIri muluooM umIIIIIIIIIIIIIIIIIIIIII N w uuuu I IIIIIVIII6 IIWIII ul,III WWI I ��UU11 U11ryU� IIIIIIIII 1 1 1 1 1,IIII IIII x Iw ' INmMmrc lllmmnnlluulll Id 1II}1V III�mIIIIII auuIMI �IUy 1 Nu�uu�mm Vu1 IIuMmVMV�Vu INB Il hUI'IluIIuwIlIAuII NlIlIl IIlIVlVIlIIlU IlIlUIlIlUIlIlUIlIlUIlIlUIIUI�IUII�IIIIVII IMVuIImIII uuuI uIuuuIu1u l uIu@ IIn mIlUmW VV III ,l1 II,II IIIIIIII lUIuImUII IIl IVI III IMuIuIllI 11 I,pMlu lIl l I. mI"NNII WM1 uMMMMMMWII In W I ql 1�1,IIIII°I IIIMMMIMmImVIII110001101000100011 I VI01d1 fll m u N °°m10 M,WII1111111111111W07 ,1111111111010 001111111111100 lIil llllIIil ) tl u Iuum11UVUlllll Iul mll 11�U IIIIIIII 1 MI III�mIIIII IUmuUl01.0 ryVn IIIIIIII IIIIh„IIII111111111111111111V1111Ih1llll 100110 1,11VIIIV 1 Ill 1NMl)ull uu uIIIIIWV111II Il 11 1M M MM +M I MI 1 1W� 1 I�I N IN � 1 l I1 11WVVVm11� V,, lII Ww„I lIIN lIII II uII1ry lIUm uI I l M e 1M9V II I 1 ��I1� I ry mI I 1 4� 1 IIflII II IIIII I IIdI I I MI I I I � I I I I I I I I I I I I I I I I II II I I II I II IIII11'111'11 W m N 1 II I II I D I I� I I I p I W u u R , ' ° ,1 IIII 11Iii1l1 lml'V(OoBIImuuI ImI I " I I 1 1I , 1 d 1 1 . 1 1 1 1 , m 1 u u U u 1 1 IN 1 li 1 i i u . u u u 0 I U 1U U 1 "u 1 1 .11111 u V mNIIIi1liPiiiiiiil mitl1IuIIIIIU"I I IIlIlI) IIII1 VUl I IIIIIIIIIIIIIIII°°O IVIIWIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111,111,0010 I II11IuIll 111111111 ' I I II l uuuuuuuIIV11111111 I 1111111111101111111111111110,11111II II II IiV"'0000001.IIII0IIIMIII MII11l1u0uIuIIII l mW p m� l u 1u1pu u l u N l lV u 1V u1m 11 V Wl 1 mm I l 1 iIm uU u I V u u 1IU 1 mVdIIIVuupuuul111111110000000.00.000, Il uV Il I �IW m l m l I N e 1 I a � W I m u N P , „ A u m I l l l l l l 1 l l l m l l l l l l l l d 1 I V I uI II UI I I IuII Iu I Im hIIlo � II � II � uII II uIIu UI uI l uI uI uu l IuI II I uI I uI M u m u 1 1Vi 6 1 1 uI u u u uI u d u u V u I IN I I u I l u 111111111111111 11 1lMMI1II culuUIIIIIIIIIIIIIIIIIIIII IIIW uuumIIIIIIIWIIIIIIIIIIIII u u I 1lllll1111111111111111 III IIIIUIIIIII 1mWll9llulldl 11II,III1��II II I uI U hu � �I I I lI I lIu I I lII �'MI�N1 Ium�tllmmuuumlm11111111I0. 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IluuuN uuuuuuuuul "1111 Illlullp� ��IIVL 1mlmolM" " (IIIIIIIIIIIII MN611iuV1u11iuouuunnuu6mliiiVUV1111° uuim""'VI�NIU 'MI'k1111111111,.... . rQ" uuulpuiuuuuuuuuuullllllllllllllll,, /IrUrd uu1l°1 I�IIIIIIIIiM 0001111111111111111111111111111111111111111 (IIII 1111111m IIIIIIIII� III fiil�r�ivlr' uuum //°�%r , uuuuuuuuumuuu,,,,,,,uulVlllllouuuu 1111IIIIIV II uuuuuuuuuuuuu,,,,,NNNuuuuuuu uuM'N 1111M'M'I IIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111°Illllll o 'llpl uIIIIIkMVoloolool0000l0000000000000000000000010llllllllllllN11 p10 uu,,,11 IIIVI uuM°m11 u11111 "" """"""" lm uuVuuuu111uN11VV1 m 111111111011 uuu um0 IIIII uuuuu I �ouuuuuu uuuuuuuum III 1°Im�muuuN a rrt'/ " nn111111111111111111111111uuiuuuuu r /�� 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 LOT SIZE SHOWN (HEAVY BOUNDARY): 177,614 SF/4.077 ACRES PAVEMENT SHOWN (GRAY HATCHING): 56,044 SF I 0 I I I I i I l l l 60 u l u W �U� E 47IF S e 1 � yj � 0 u 60 FEET r/ lar/�✓ /�/ / /�i/r/�v/ Nrrr 11111111111111111111111111111111111111 ulIyIM'M" I�ul ""... 11111111IIINNNmouou 11100IIN11uu 11ug uuumuuuuuuuuuuu 10001111111111111111111111111 w1r ai � I / 1 / r CONCEPT TUC<WASH SITE 2, OPTION 1 LEVESEE GOAD WATELOO, IOWA ar rW ro 2018/04/16 GRAPHIC SCALE IN FEET .G:\C3D\18\Proposals \Levi\Truck Wash\TruckwashSite2 Op1.dwg, FG-11x17 Exhibit PLOT DATE 4/16/16 c- FEHR GRAHAM ENGINEERING & ENVIRONMENTAL ©2018 aRe� of210 9 ILLINOIS IOWA WISCONSIN EXHIBIT INDEX LEGEND LOCATION: IN THE NW1/4 OF THE SW1/4 OF SECTION 32-90-13, CITY OF WATERLOO, BLACK HAWK, COUNTY, IOWA PROPRIETOR: CITY OF WATERLOO SURVEY REQUESTED BY: FIELD WORK COMPLETED: 3/5/2019 SURVEY PREPARED BY: RESPOND TO: JEREMY HARRIS CLAPSADDLE-GARBER ASSOCIATES, INC, 16 EAST MAIN STREET, P.O. BOX 754, MARSHALLTOWN, IOWA 50158 PHONE 641-752-6701 JHARRIS@CGACONSULTANTS.COM W 1/4 CORNER SECTION 32-90-13 N89°21'21"E 416.26' LOT 10 4.74 AC 409.80' S89°21'21"W POINT OF BEGINNING SW CORNER SECTION 32-90-13 END 2" DISC w/ #8508 POINT OF COMMENCEMENT A DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, N1°23'06"W 1410.21' ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE, N89°21'21"E 33.00' TO A POINT ON THE EAST RIGHT OF WAY LINE OF LEVERSEE ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE, N1°23'06"W 500.04' ALONG SAID EAST RIGHT OF WAY LINE; THENCE, N89°21'21"E 416.26'; THENCE, SO°3839"E 500.00'; THENCE, S89°21'21"W 409.80' TO THE POINT OF BEGINNING, CONTAINING 4.74 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. SCALE 1"=200' A () A - o- LINE DATA LINE NUMBER BEARING DISTANCE L1 N89°21'21"E 33.00' L2 N89°21121"E 33.00' LEGEND: A GOVERNMENT CORNER MONUMENT FOUND A GOVERNMENT CORNER MONUMENT SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #21428 • PARCEL OR LOT CORNER MONUMENT FOUND 0 SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #21428 RECORDED AS NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. CGA Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, lowa 50158 Ph 641-752-6701 www.cgaconsultants.com DRAWN CAQ SHEET NO. 1 0 200' DATE 3-20-2019 PROJECT NO. 5623.05 J:\ 5623 \ dwg\Survey\ Plat Survey Lot 10\5623-Plat Survey Lot 10.dwg -Plat LEGL - 03-20-19 - 11:19am - caq288 P age 207 of 210 Site Plan Amendment - Truck Wash North east of 2510 Leversee Road Looking southwest from the corner of Lone Tree Road and Leversee Road toward the Truck Wash location. Looking east from Leversee Road along future Lone Tree Road. '�N'MMMUi 'j II I�mnq�, ' Looking southwest from the corner of Lone Tree Road and Leversee Road. II U II 0„„»»aly,op legroti,..„,,„4,0 ii -lot , - ‘ at SS% , Illllliuuu Vll w "�'I 1 i°i� uuulplu VIV "iil^lli"V i�li� li;l I�„""oi ul a �I��llllllllllllllllllw n'llllp I lily'lilllloultlu oil"„dill „u,Mr,re oiVllllV' �IIIIIII°o Ilouu 'I'll „�, w ��mmV��IWd,unuuJvMimIN6♦IIiJ6„u��uull' ,n,111911111J'� IuoIIIIIVIVIN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII l�liliiiiio��� � �Mwxnnl�gmN�NMnm� d��� uiilllooi � �Mn�I�w�u,ur,ngMlll � IIIIII II'IVI,'I "'I ui uuuuuuuuuuuuuuuuuuuuuuul, ��';Ili'lil7''Illlitl III 1IIIWItlu°i Ih Looking west along Lone Tree Road from the proposed truck wash location. 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APPLICATION I TIC) a. Ap licant's name (please print A 3003> Pik City: Status ofanslicant: (a) Owner 1 nor , A PLAN ISSI 3 9.29' C, ) Other R .4. 66 be approved by staff) lone: e. roperty ow e's na e if different than above please pri t Address: P1 o e: State: a. General location of site Ian to be at ,ended:m b. r egal deseriptio f propertyor portion to be a em led: c, d. e. imenstons of Area of prop , Current zoni g: °posed site 1 at e, dment: site plan a endmentj77 2, R,easo for site plan amen ment and pro osed Condttio s (if a yf) agiec ,„ operty: If other ex, ax: Fax: rnrnW ,•••••••••• r .+ >1,, ,,, I , does not affect existig conditi s unless specific Other pertinent infor ation se reverse side if necessary, ote: if 41)licant is ot the owner of the -o erty, the signature of the owner m st be secured. If it is the i te, t to subdivide (s any land, vacant or , roved in conju ction with this request it must go through a platti g process (separate from site plan amendment request). T e filing, fee of $200 (for new t- overall a endment)„ $100 ior i divid al dcli g) or S (tot inor 5 to the City of Waterloo) is re A.,. 1 is fee is no ref n 1 Under no condition shall said sur or a Y be ref n Ic for tail re of aid at end lent to be enacted into law. Any atot ca rc in any of the informati 0 1 0 yable r 1-0 of 210 n will