Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Packet - 8/19/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY CO UNCIL CHAMBERS Monday, August 19, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. o n 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. o n 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. o n 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 126 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Julie Dawson, Housing Authority Director Agenda, as proposed or amended. Minutes of August 12, 2019, Regular Session, as proposed. Proclamation Declaring August 19, 2019 as We Move Forward Day. 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 Fiscal Sponsorship Agreement with the Waterloo Community Foundation in support of the Waterloo Youth City Council, and rescinding Resolution No. 2019-550. Submitted By: Mayor Quentin Hart 3. Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street, on December 13-14, 2019 from 7:00 a.m. to 7:00 p.m. Submitted By: Corbin Payne, Police Lieutenant 4. Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street, on February 14-15, 2020 from 7:00 a.m. to 7:00 p.m. Submitted By: Corbin Payne, Police Lieutenant 5. Resolution approving request of Douglas Kaune for a waiver for a concrete Page 2 of 126 driveway located at 1314 Midland Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 6. Resolution approving request of Matthew Hesse for a waiver to the driveway and sidewalk specification for the construction of a heated asphalt approach, located at 1152 Oregon Street. Submitted By: Jamie Knutson, PE, City Engineer 7. Resolution approving Variance to Noise Ordinance request from Helen Clark on September 28, 2019 from 6:00 p.m. to 11:00 p.m., in conjunction with a birthday party to be held at 214 Blowers Avenue, including a live D.J. with music. Submitted By: Corbin Payne, Police Lieutenant 8. Resolution approving Variance to Noise Ordinance request from Felicia Smith on behalf of North End Culture Center on August 17, 2019 from 11:30 a.m to 6:00 p.m., in conjunction with with North End Music and Arts Festival event to be held at Ferguson Fields Park, including a stage with music, sound system and performances. Submitted By: Corbin Payne, Police Lieutenant 9. Resolution approving request of Andrew Robeson on behalf of Kings and Queens, 304 W. 4th Street, to close the alley behind the business from 7:00 p.m. to 1:00 a.m. beginning August 22, 2019 through October 31, 2019, to hold a weekly "Corn Hole" bags league. Submitted By: Corbin Payne, Police Lieutenant 10. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 5, 2019 and date of public hearing as September 9, 2019, in conjunction with FY 2020 Cardinal Drive, Donald Street, Linbud Lane and Martin Road Drainage Improvements, Contract No. 988, and instruct City Clerk to publish said notice. Submitted By: Dennis Gentz, PE, Assistant City Engineer 11. Resolution approving an Affidavit for release of property reverter for an approved project in the Development Agreement with Residential Development Partners, LLC, for Lot 3, Hawthorne Estates 1st Addition, and authorize the Community Planning and Development Director to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Angie Fordyce - Community Development Coordinator and (1) Intake Specialist Class/Meeting: HOME Basics Destination: St. Paul, MN Dates: October 7-10-2019 Amount not to exceed: $3,170 b. Randy Bennett, Public Works Manager and Sam Barrett, Sanitation Director Class/Meeting: Iowa Recycling & Solid Waste Management Conference Page 3 of 126 Destination: Dubuque, IA Dates: September 30 - October 2, 2019 Amount not to exceed: $1,260 c. Tom Meyer and Mike Gienau, Street Foremen Class/Meeting: Iowa Streets & Roads Workshop & Annual Conference Destination: Ames, IA Dates: September 17-19, 2019 Amount not to exceed: $890 d. Rudy Jones, Community Development Director Class/Meeting: Reclaiming Vacant Properties Conference Destination: Atlanta, GA Dates: October 1-5, 2019 Amount not to exceed: $2,350 e. Chris Ferguson, Fire Marshal and Lt. Brock Weliver, Fire Prevention Officer Class/Meeting: Iowa Chapter of International Association of Arson Investigators Annual Conference. Destination: Cedar Rapids, IA Dates: September 11-12, 2019 Amount not to exceed: $500 2. LIQUOR LICENSES a. Bamboo Ridge Campground, 4550 Hess Road Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 9/14/2020 b. Cedar Valley Pridefest, 200 and 300 blocks of W. 4th Street Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 8/25/2019 c. Lark Brewing Company, 3295 University Avenue Class: Special Class C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 8/25/2020 d. Riverloop Expo Plaza, 400 Jefferson Street *Premise Update* Class: Special Class C w/Outdoor Service New Application Includes Sunday Expiration Date: 9/9/2019 e. Walgreen's #3590, 3910 University Avenue *Ownership Update* Class: E Liquor New Application Includes Sunday Expiration Date: 6/17/2020 Page 4 of 126 f. Walgreen's #7455, 111 W. Ridgeway *Ownership Update* Class: E Liquor New Application Includes Sunday Expiration Date: 6/17/2020 g. Walgreen's #10855, 1850 Logan Avenue *Ownership Update* Class: E Liquor New Application Includes Sunday Expiration Date: 6/17/2020 3. APPOINTMENTS a. Kory Carty Board/Commission: Design Review Board Expiration Date: August 22, 2022 Re -Appointment b. Bari Richter Board/Commission: Main Street Waterloo Board of Directors Expiration Date: August 19, 2022 Re -Appointment PUBLIC HEARINGS 2. Sale and conveyance of City property located east of 405 Devonshire Drive to 401 Devonshire LLC, in the amount of $1.00, with a Development Agreement, in conjunction with the construction of a single-family home and related improvements. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on File Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City property located east of 405 Devonshire Drive to 401 Devonshire LLC, in the amount of $1.00, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with 401 Devonshire LLC for the construction of a single family home and related improvements, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 3. Resolution approving a Hotel/Motel Mini Grant application to the Waterloo Convention and Visitors Bureau in the amount of $2,400, to fund facility rental, entertainment and transportation for the Iowa Chapter of American College of Trial Lawyers annual business meeting, and authorize the Mayor to execute said documents. Submitted By: Tavis Hall, Executive Director of Waterloo Convention & Visitors Bureau 4. Resolution approving recommendation of the Public Works Division Manager to proceed with outsourcing the collection and processing of recycled materials and making curbside recycling mandatory for all current and future Dwelling Unit and Multiple Dwelling Unit customers, as defined by 4-3-1 of city code. Page 5 of 126 Submitted By: Randy Bennett, Public Works Division Manager 5. Resolution approving FY 2020 Edward Byrne Memorial Justice Assistance Grant (17 - JAG -302508), in the amount of $195,640, in conjunction with enforcement efforts of the Tri -County Drug Task Force, to include the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorize the Mayor to execute any necessary documents. Submitted By: Dave Mohlis, Police Captain 6. Resolution approving the Federal Violence Against Women Grant extension with an amendment of an additional $9,028 in funding for the Domestic Abuse Response Team now totaling $45,141 for salaries, with a local match in the amount of $14,226, for FY 2020. Submitted By: Dave Mohlis, Police Captain 7. Resolution accepting a Local Fire Protection and Emergency Medical Services Grant, in the amount of $7,888.99, for fireworks and safety education programming and training, and authorize the Mayor to execute said document. Submitted By: Pat Treloar, Fire Chief 8. Resolution approving a Grant Agreement with the Iowa Department of Transportation's Office of Aviation, Contract No. 21613 and Project No. 9 -I -200 -ALO -200, in the amount of $129,342, in conjunction with additional improvements to Hangar No. 4, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 9. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., in an amount not to exceed $23,900, for design and construction administration services, in conjunction with improvements to Hangar No. 4, and direct the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 10. Resolution approving a Complaint Mowing and Snow Removal Fee Schedule, to be charged to property owners, to coincide with fees charged by contracted mowing, plus an administrative fee of $20 per transaction. Submitted By: Michelle Weidner, Chief Financial Officer 11. Resolution approving Amendment No. 2 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects, in conjunction with the Lincoln Park Renovation Project, in the amount of $12,920, and authorize the Mayor to execute said document. Submitted By: Paul Huting, Leisure Services Director 12. Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on April 16, 2019, in an amount not to exceed $6,800, in conjunction with the Upton Avenue Detention Basin Design, and authorize the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 13. Resolution authorizing assignment of rebates to ARC FEWTLIA001, LLC, in Page 6 of 126 conjunction with a Development Agreement with M & R Iowa, LLC, originally approved on March 4, 2013, for the property located at 2320 W. Airline Highway, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution awarding bid to Failor Hurley Construction of Waterloo, Iowa, in the amount of $156,580, and approving the contract, bonds, and certificate of insurance, in conjunction with the Waterloo Public Library Exterior Stair Renovation Project, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director ORDINANCES 15. An Ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue. Motion to receive, file, consider and pass for the third time and adopt an ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue. Resolution authorizing sale and conveyance of a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue, to Reg Drew Investments, LLC, in the amount of $1.00, and authorize the Mayor to execute said documents. Resolution approving a Development Agreement with Reg Drew Investments, LLC, for the property located at 139 Clark Street, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 16. An ordinance amending the City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 3, Human Rights, Section 3, Unfair Employment Practices by adding 5-3-3A, Unfair Use of Criminal Records in Hiring Decisions. Motion to receive, file, consider and pass for the first time an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 3, Human Rights, Section 3, Unfair Employment Practices by adding 5-3-3A, Unfair Use of Criminal Records in Hiring Decisions. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Abraham L. Funchess, Jr., Executive Director Waterloo Commission on Human Rights OTHER COUNCIL BUSINESS 17. Motion to approve Change Orders Nos. 1-4 for a total increase of $169,250, to Woodruff Construction, LLC, of Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorize the Mayor to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager Leisure Services Page 7 of 126 ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 8 of 126 CITY OF WATERLOO Council Communication Minutes of August 12, 2019, Regular Session, as proposed. City Council Meeting: 8/19/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk 0 lac I hgb, N an cy Approved ATTACHMENTS: Description Type Minutes of 8/ 2 13, ck: u Submitted by: Submitted By: t Page 9 of 126 August 12, 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, August 12, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Mr. Morrissey joined via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Jerome Amos, Ward 4 Council Member 156657 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 12, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 156658 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 5, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring September 1-7, 2019 as Diabetes Awareness Week. Recognition and Swearing in of new Police Officer Nicholas Nelson. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned if an individual received a lot of money for upkeep on a building that is not being kept up. Mayor Hart stated that the developer did not receive any funds and that funds are allocated for upkeep and additional funds were bonded for upkeep. Mike Youngblut and Harold Youngblut, Deer Creek Development, presented the Mayor and City Council with the picture and sledgehammer from the Greyhound Park demolition. David Dryer, 3145 W. 4th Street, commented that 327 Sheridan has received a development agreement and at another point on the agenda an individual is receiving $5,000 and wondered if 327 Sheridan is going to get $5,000 as well. He further commented that he believes he should not have to be forced to recycle. He also questioned item 1.A.8 on the consent agenda. Randy Bennett, Public Works Division Manager, explained that Security Service at the Waste Management Site is not a new service. Noel Anderson, Community Planning & Development Director, provided an overview of the development agreement for 327 Sheridan and explained the owner will be eligible for the new infill policy of $5,000 per certificate of occupancy, as well as the CLURA tax abatement program. 156659 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 156660 - 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 August 12, 2019, in the amount of $2,015,962.72, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Page 10 of 126 August 12, 2019 Page 2 1. Resolution adopted and upon approval by Mayor assigned No. 2019-595. 2. Resolution approving Variance to Noise Ordinance request from Rev. David Van Netten of Grace Reformed Church on August 18, 2019 from 8:00 a.m. to 1:00 p.m., in conjunction with the "Sunday in the Park" event to be held at Gateway Park, including a picnic, games for the children, use of a PA system and live music. Resolution adopted and upon approval by Mayor assigned No. 2019-596. 3. Resolution approving Variance to Noise Ordinance request from Darrell Wilder (AKA) DJ Daze and Arryran Davis (AKA) Marvelous Music on August 31 and September 1, 2019 from 10:30 a.m. to 8:00 p.m., in conjunction with the 3 on 3 Basketball Lootown Show Down event to be held at Sullivan Park, including live music, several D.J.'s and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2019-597. 4. Resolution approving Variance to Noise Ordinance request from Shirley Haughton on behalf of Community Southern Baptist Church, on August 24, 2019 from 10:00 a.m. to 8:00 p.m. for their Outreach Ministry event to be held at Sullivan Park, including singing, music and the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2019-598. 5. Resolution approving request by Main Street Waterloo to close Jefferson Street on September 30, 2019 from 4:00 p.m. — 10:00 p.m., at Park Avenue to 3rd Street, in conjunction with the Classic Car Night. Resolution adopted and upon approval by Mayor assigned No. 2019-599. 6. Resolution setting date of public hearing as August 26, 2019, to approve a Lease Agreement in the amount of $1.00, with the State of Iowa Armory Board for City owned property located north of 3106 Airport Boulevard, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-600. 7. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as August 29, 2019 and date of public hearing as September 9, 2019, in conjunction with the FY 2019 Young Arena Roof Replacement Project, Contract No. 998, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-601. 8. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as August 29, 2019 and public hearing as September 09, 2019, in conjunction with request for Proposals for Security Guard Services, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-602. b. Motion to approve the following: a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Mayor Quentin Hart Community Air Service Meeting with United Airlines Chicago, IL August 21-22, 2019 $600 Kathy Skillings - Lab Foreman Iowa Water Environment Association 2019 Operators/Pretreatment Conference Newton, IA September 4, 2019 $115 Page 11 of 126 August 12, 2019 2. a. b. c. Page 3 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday BJ's Bar & Billiards, 110 Ida Street C Liquor w/Outdoor Service Renewal 7/29/2020 x Casey's Pub & Eatery, 1125 W. Donald Street C Liquor w/Outdoor Service Renewal 7/31/2020 x Chapala Mexican Restaurant, 900 LaPorte Road C Liquor Renewal 8/7/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Gina Jordan -Burg Design Review Board August 12, 2022 Re -Appointment Mark Kuiper Design Review Board August 12, 2022 New 3. Bonds. Roll call vote -Ayes: Seven. Motion carried. RESOLUTIONS 156661 - Schmitt/Amos that "Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $468,750, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, with City matching funds of $468,750, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-603. 156662 - Schmitt/Amos that "Resolution awarding bid to Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $39,858, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Levee Rip Rap Spraying, Contract No. 989, 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. 2019-604. 156663 - Schmitt/Amos that Final Quantity Summary for a net decrease of $10,787.68 for the FY 2018 Sidewalk Repair Program - Zone 8 and Trail Repairs, Contract No. 948, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 156664 - Juon/Feuss that "Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by B & B Builders & Supply of Waterloo, Iowa, at a total cost of $329,135.70, in conjunction with the FY 2018 Sidewalk Repair Program - Zone 8 and Trail Repairs, Contract No. 948, and receive and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-605. 156665 - Juon/Feuss Page 12 of 126 August 12, 2019 Page 4 that "Resolution approving construction plans for sanitary sewer serving Lost Worlds Theme Park, as submitted by Wayne Claassen Engineering and Surveying, of Waterloo, Iowa, and Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and the final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorize the Mayor to execute said documents", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-606. 156666 - Juon/Feuss that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $79,500, in conjunction with the 2019 Structural Repairs to Fletcher Avenue and San Marnan Drive, 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. 2019-607. 156667 - Klein/Amos that "Resolution approving submission of an application, in the amount of $400,000, to the State Revolving Fund Water Resource Restoration Sponsored project, in conjunction with the FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-608. 156668 - Klein/Amos that "Resolution amending an Encroachment Agreement with Farmers State Bank, f/k/a Liberty Bank, F.S.B., dated December 5, 2011, to make changes to an existing 12 foot 10 inch x 18 foot monument sign in the City right-of-way, in the median of Nikki Street, north of 131 Tower Park Drive, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-609. 156669 - Klein/Amos that "Resolution approving a Hold Harmless Agreement with Old Republic National Title Insurance Company, for property located at the southwesterly corner of West 13th Street and Commercial Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-610. 156670 - Klein/Amos that "Resolution approving an Easement Agreement with M.T. Co., LLC, to grant a permanent sixty (60) foot wide sanitary and storm sewer easement, located at 3470 West Airline Highway, for the purposes of extending new sanitary and storm sewers to serve future development near the Waterloo Regional Airport, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-611. ORDINANCES 156671 - Amos/Feuss that "an Ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement Page 13 of 126 August 12, 2019 Page 5 over, under and upon a portion of Fairview Avenue", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 156672 - Amos/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Six (Jacobs, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. 156673 - Schmitt/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located west of 3221 Osage Road", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 156674 - 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. 156675 - Schmitt/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located west of 3221 Osage Road", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5509. OTHER COUNCIL BUSINESS 156676 - Feuss/Amos that Change Order No. 2 with Boomerang Corporation, of Anamosa, Iowa, resulting in an increase of $10,078.83, in conjunction with the Flow Equalization Facility Overflow Connection to Satellite, Contract No. 880, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Randy Bennett provided an overview of the item. 156677 - Amos/Morrissey that "Request for Variance to Noise Ordinance from Main Street Waterloo on 8/10, 8/17, 8/31, 9/7, 9/14, 9/21, 9/28, from noon to 2:00 a.m., in conjunction with the W. 4th Street Bar District Ped Mall/Beer Garden Events, including street closure of W. 4th Street at Washington/Bluff Street to Jefferson Street with the use of city barricades, street sweeper and picnic tables. Roll call vote -Ayes: Seven. Motion carried. Recommendation to deny request due to length of event and the after 2:00 a.m closing time. Dan Trelka, Chief of Police, explained that he had an opportunity to speak with the Director of Main Street Waterloo, Jessica Rucker, after which he is now neutral on the issue and no longer recommends denial. Jessica Rucker, Main Street Waterloo, explained her reason for requesting the 2:00 a.m. close time and stated that she is willing to make any changes deemed necessary to make it work. John Hayes, 110 Sunset Road and Broken Record, explained that they want to have organized live entertainment, games, and other fun activities in this block. He explained that they have had a very low call volume for service. Mayor Hart commented that new bar owners have helped reduce the crime rate. Page 14 of 126 August 12, 2019 Page 6 Bud Jones, Behr Bar, explained they decide to open on W. 4th Street because it is a diverse block and that it will bring people from Cedar Falls to Waterloo downtown at night. Forrest Dillavou, 1715 Huntington Road, commented that he has a problem with the event creating additional city expenses and that the businesses should pay for the barricades and street sweeping. Jessica Rucker explained that the businesses will set up the barricades if the city drops them, and that the bar owners have agreed to pick up the area and keep it clean and safe. She stated that the sweeper is already sweeping the street every Saturday night and she is just asking that the time they sweep be changed. Mayor Hart asked that if approved, what authority the council has to overturn the resolution if there are serious complaints and concerns. Kelley Felchle commented that the resolution could be rescinded. Mr. Amos commented that he received a call from a citizen asking if all of the business owners were in favor and if tables would be placed in the street. Jessica Rucker explained that she has requested four to five picnic tables be delivered and they would be placed in such a way to allow enough room for any emergency vehicles to pass through if needed. Mrs. Klein asked if there would be any overtime needed by our police. Dan Trelka stated there would not. Mr. Jacobs questioned if the city will receive a certificate of insurance for these events. Jessica Rucker confirmed. Mrs. Juon commented that she looks forward to seeing a positive outcome for this event. Mayor Hart asked if there was an age limit to attend the events. Jessica Rucker explained there is no age limit to joining the activities. Resolution adopted and upon approval by Mayor assigned No. 2019-612. ADJOURNMENT 156678 - Juon/Feuss that the Council adjourn at 6:13 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 15 of 126 CITY OF WATERLOO Council Communication Proclamation Declaring August 19, 2019 as We Move Forward Day. City Council Meeting: 8/19/2019 Prepared: REVIEWERS: Department Reviewer Action Date Mayor , Office Wyatt, Kendra Approved 8/14/_0 0.28 AM Clerk )ffice Even, J.:. cAnnn Approved 8/14/20 0:49 A . ATTACHMENTS: Description Type P l c am atioJn ,,,,,,,We la rd. _at-Nrici � Submitted by: Submitted By: Mayor Quentin Hart Page 16 of 126 r NOW, 19, 2019, as the day PRO TION oFwA 0 lo(A The City of Waterloo as part of the Waterloo -Cedar Falls Metroplex here in the Cedar Valley is one of the most diverse geographical areas in the whole state of Iowa, for we are "a brilliant diversity spread like stars, like a thousand points of light on a broad and peaceful sky;" and, There is a common recognition that our diversity and diverse leadership is one of our greatest community strengths and potentially serves as vital economic engine that attracts persons of all backgrounds and ages to our beloved city; and, Despite marvelous renovation, robust building initiatives and revitalization projects all throughout the city as we look at our streets, parks, sport complexes, family amusement venues and downtown refurbishment; and, Yet, there must be a sober assessment and recognition that hurtful and deeply entrenched disparities which function to dampen some of our brilliant diversity and snuff out some of our light still exist within our beloved city and metroplex; and, These disparities according to internal as well as external research data attest to stifling racial disparities which account for a poor quality of life and general well-being for affected individuals and groups in all areas of life, including, but not limited to, income, employment, education, health, housing affordability, family, wealth, safety, security, freedom, recreation and environment; I, Mayor Quentin Hart,do hereby proclaim this day, Au F gW st While we cannot change deep-seated racial divisions of yesteryear, we can today begin writing a new and brighter chapter of racial economic integration, hannony and uplift as we learn from our history — erican history, Cedar Valley history — and purpose together to tackle very deliberately through our Human Rights Commission, in direct consultation with Rev. Dr. Mary Robinson (recipient of our own Prathia Hall Award for Social Justice and Community Transformation) and with Black Hawk County Health department under the leadership of Dr. Nafissa Cisse-Ebounye, and in general consultation and collaboration with other city and county entities, these stifling racial disparities in all areas — political, economic and social - aforementioned. We seek to move the needle of progress Forward, as accounted for in periodic reporting like the Analysis of Impediments (Al) and other reporting mechanisms, to improve the quality of life for all in Waterloo and the whole of the Cedar Valley. IN WITNESS EREOF, I have hereunto set my hand and caused the officialseal of the City of Waterloo to be affixed this nineteenth day of August 2019. ATTEST: Kelley Felc City Clerk uentin Hart ayor Page 17 of 126 ".••• CITY OF WATERLOO Council Communication Resolution approving Fiscal Sponsorship Agreement with the Waterloo Community Foundation in support of the Waterloo Youth City Council, and rescinding Resolution No. 2019-550. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Clerk Office Reviewer Even, I e gym. Action Date Approved 8/1 3/20 :11d PM ATTACHMENTS: Description Type Fiscal i Spoil ri Agm,Meer 1:: ackui Material SUBJECT: Submitted by: Summary Statement: Source of Funds: Policy Issue: Resolution approving Fiscal Sponsorship Agreement with the Waterloo Community Foundation in support of the Waterloo Youth City Council, and rescinding Resolution No. 2019-550. Submitted By: Mayor Quentin Hart This resolution corrects the title of the previous resolution passed July 22, 2019. The Sponsorship Agreement is with the Waterloo Community Foundation rather than the Waterloo Youth City Council. The Waterloo Youth City Council is a leadership program that teaches civic participation in conjunction with Waterloo Community Schools. Each school will have a selected number of students that will represent the City. Activities will provide leadership training, community service and advocacy. Grants, donations and in-kind support will be requested. This agreement supports the Strategic Plan Strategy 4.5: Maintain and develop community services and City facilities that support quality of place. Page 18 of 126 Fiscal Sponsorship Agreement IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII On , 2019, the Waterloo Community Foundation (Foundation) decided that financial support of the project described in paragraph 2 will further the Foundation's tax- exempt purposes. Therefore, the Foundation has created a restricted fund designated for such project, and has decided to grant all amounts that it may deposit to that fund, less any administrative charge as set forth below, to the City of Waterloo, IA (Grantee), subject to the following terms and conditions: 1. Grantee shall provide the Foundation with its governing documents, a completed and filed IRS Form SS -4 or other documentation satisfactory to the Foundation, showing Grantee's separate existence as an organization. 2. Grantee shall use the grant solely for the charitable purpose of the Waterloo Youth City Council which has been established to explore, communicate, and provide for the needs, problems, issues, and activities affecting the city's youth, solely in accordance with the approved project budget. All payments to Grantee are subject to Board approval. Grantee shall repay to the Foundation any portion of the amount granted which is not used for that project. Any changes in the purposes for which grant funds are spent must be approved in writing by the Foundation before implementation. If Grantee breaches this Agreement, or if Grantee's conduct of the project jeopardizes the Foundation's legal or tax status, the Foundation may withhold, withdraw, or demand immediate return of grant funds. Any tangible or intangible property, including copyrights, obtained or created by Grantee as part of this project shall remain the property of Grantee. 3. Grantee may solicit gifts, contributions and grants to the Foundation, earmarked for the Foundation's restricted fund for this project, which will all be considered gifts to the Foundation and acknowledged as such. Grantee's choice of funding sources to be approached and the text of Grantee's fundraising and marketing materials are subject to the Foundation's prior written approval. All grant agreements, pledges, or other commitments with funding sources to support this project via the Foundation's restricted fund shall be executed by the Foundation. The cost of any reports or other compliance measures required by such funding sources shall be borne by Grantee. 4. The Foundation will assess administrative and investment management fees against this Fund in accordance with the Foundation's published fee schedule, as amended from time to time. The Foundation may also assess the fund to cover any unusual expenses incurred in connection with the administration of the Fund. Page 19 of 126 5. Nothing in this Agreement shall constitute the naming of Grantee as an agent or legal representative of the Foundation for any purpose whatsoever except as specifically and to the extent set forth herein. This Agreement shall not be deemed to create any relationship of agency, partnership, or joint venture between the parties hereto, and Grantee shall make no such representation to anyone. 6. Grantee shall submit a full and complete report to the Foundation as of the end of Grantee's annual accounting period within which any portion of this grant is received or spent. The initial report shall be submitted by Grantee no later than sixty days after the end of Grantee's first such fiscal year and subsequent reports, if any, shall be due on the anniversary date of the initial report. The report shall describe the charitable programs conducted by the Grantee with the aid of this grant and the expenditures made with grant funds, and shall report on the Grantee's compliance with the terms of this grant. 7. This grant is not to be used in any attempt to influence legislation within the meaning of Internal Revenue Code (IRC) Section 501(c)(3). No agreement, oral or written, to that effect has been made between the Foundation and Grantee. 8. Grantee shall not use any portion of the funds granted to participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office, to induce or encourage violations of law or public policy, to cause any private inurement or improper private benefit to occur, nor to take any other action inconsistent with IRC Section 501(c)(3). 9. Grantee shall notify the Foundation immediately of any change in (a) Grantee's legal or tax status, and (b) Grantee's executive or key staff responsible for achieving the grant purposes. 10. The Fund created to support this project is a component fund of the Foundation and its assets are assets of the Foundation. The assets received into the Fund are under exclusive legal control of the Foundation. The Fund is subject to the Foundation's governing instruments including the Foundation's power to modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified charitable purposes or to specified organizations if in the sole judgment of the governing body (without the necessity of the approval of any participating trustee, custodian, or agent), such restriction or condition becomes, in effect, unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community or area served. 11. Grantee shall allow the Foundation to review and approve the content of any proposed publicity concerning the sponsored project prior to its release and recognize the Foundation in all publicity materials related to the funded project or program, as specified in the grant notification letter. 12. Grantee shall allow the Foundation to include information about this grant in the Foundation's periodic public reports, newsletter, news releases, social media postings, and on the Foundation's website. This includes the amount and purpose of financial support provided Page 20 of 126 to the project, any photographs provided to the Foundation, any logo or trademark belonging to the project, and other information and materials about the project. 13. Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Foundation, its officers, directors, trustees, employees and agents, from and against any and all claims, liabilities, losses and expenses (including reasonable attorneys' fees) directly, indirectly, wholly or partially arising from or in connection with any act or omission of Grantee, its employees or agents, in applying for or accepting the grant, in expending or applying the funds furnished pursuant to the grant or in carrying out the program or project to be funded or financed by the grant, except to the extent that such claims, liabilities, losses or expenses arise from or in connection with any act or omission of the Foundation, its officers, directors, trustees, employees or agents. 14. Either party may terminate this Agreement by giving 30 days' written notice to the other party. The foregoing notwithstanding, if the Foundation reasonably determines that its continued fiscal sponsorship of the Project may jeopardize the Foundation's tax-exempt status, the Foundation may terminate this Agreement immediately upon notice to Grantee. 15. In the event that the Foundation shall cease to exist or propose to merge with another similar organization then the Donor shall either consent to the action of the Foundation in writing or to cause the balance of the Fund to be transferred to another organization meeting the same requirements as may be imposed by the Internal Revenue Service for such Foundations. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa applicable to agreements made and to be performed entirely within such State. 17. This Agreement shall supersede any prior oral or written understandings or communications between the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement may not be amended or modified, except in a writing signed by both parties hereto. IN WITNESS WHEREOF, the parties have executed this Fiscal Sponsorship Agreement effective on the day of , 2019. , Waterloo Community Foundation By: Dated: By: , Grantee Dated: Mayor, City of Waterloo Page 21 of 126 EXHIBIT A Mission and Purpose The mission of the Waterloo Youth City Council is to explore, communicate, and provide for the needs, problems, issues, and activities affecting the Waterloo's youth. Proposed outcomes include: 1. Youth make a positive impact in their community and feel valued, 2. Youth develop to their full potential, 3. Youth attending leadership sessions increase knowledge and skills, and 4. Youth participating in community service and activities feel they have made a positive contribution to their community. Operations 1. Adult leadership, approved by the City of Waterloo, shall guide and support the group's activities. This shall include, but not be limited: a. Facilitate an application process that includes membership of all Waterloo high schools, b. Develop annual plan of work that supports groups' mission, c. Convene and facilitate regular meetings of the Youth Council, d. Recruit community partners that may assist with the group's work, e. Prepare annual budget that requires City of Waterloo approval (first year budget is attached as Exhibit B), f. Secure funding to support plan of work, g. Seek City of Waterloo approval for reimbursement requests, prior to submission to the Foundation for payment, h. Build community awareness of Youth City Council and its work, i. Annually evaluate program's effectiveness, and j. Regularly communicate with the City of Waterloo. 2. The Mayor's Youth City Council shall: a. Establish governing principles or by-laws to guide its work, b. Report annually to the Waterloo City Council, c. Communicate, share and seek input from their school community, d. Recruit new Youth City Council members, and e. Conduct annual self-evaluation/reflection. Page 22 of 126 CITY OF WATERLOO Council Communication Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street, on December 13-14, 2019 from 7:00 a.m. to 7:00 p.m. City Council Meeting: 8/19/2019 Prepared: 8/13/2018 REVIEWERS: Department Reviewer Action Date P o hcc I. epa1r lent P ay m . C or . rn A pi rovcd. 8/13/ 1 e ,,,,,, 10:16 AM Clerk : 0t....mce 1h ghy, Nancy Apprrove,d. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: 8/13/2019 ,,,,,,, 10:25 AM Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street, on December 13- 14, 2019 from 7:00 a.m. to 7:00 p.m. Submitted By: Corbin Payne, Police Lieutenant Approve variance request This is an adult supervised youth archery tournament that will be held at the Cedar Valley Sportsplex. This is the third year for this event to be held at this location. None Page 23 of 126 CITY OF WATERLOO Council Communication Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street, on February 14-15, 2020 from 7:00 a.m. to 7:00 p.m. City Council Meeting: 8/19/2019 Prepared: 8/13/2018 REVIEWERS: Department Reviewer Action Date P o hcc I) epa1r lent P ay m . C or . rn A pi rovcd. 8 13/2 1 e ,,,,,, 0:2 AM Cler k: ... trice 1hghy, Nancy Apprrove,d. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: 8/1 x/201 9,,,,,,, 0:2d A, M Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street, on February 14- 15, 2020 from 7:00 a.m. to 7:00 p.m. Submitted By: Corbin Payne, Police Lieutenant Approve variance request This is an adult supervised youth archery tournament that will be held at the Cedar Valley Sportsplex. This is the third year for this event to be held at this location. None Page 24 of 126 CITY OF WATERLOO Council Communication Resolution approving request of Douglas Kaune for a waiver for a concrete driveway located at 1314 Midland Street, and authorize the construction of a concrete driveway and placing a driveway or s id ewaik on city right- of-way on an unimproved street. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Reviewer Action Date Engineering K f ifisof., J am ie Approved 8/13/1( 1 Q 2:56 i C kT < 0 Clive (ll igh ancy Approved 8/113/20 e 4..:07 P M ATTACHMENTS: Description Type Waiver 1 a :.:. Cov r SUBJECT: Resolution approving request of Douglas Kaune for a waiver for a concrete driveway located at 1314 Midland Street, and authorize the construction of a concrete driveway and placing a driveway or s id ewaik on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: I have reviewed this request and recommend its approval subject to the following provisions. 1. Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3 . A ll work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: C LO VERDALE ACRES LOT 21 Page 25 of 126 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: 1 hereby request a waiver to the driveway and sidewalk specifications for the construction of a — -_ driveway or sidewalk located at (concre or asphalt) This waiver is needed because of: (Address) special surface texture to e used on the concrete approach (Le., exposed aggregate, brick stamped pattern, paving brick) elimination of the sidewalk section due to the inability to meet the grace requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right -of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to official elevation at no additional expense to the City of Waterloo at such time that sidewalk Is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 6. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($1.00) for the purpose of recording this agreement. Respectfully submitted, tx&ILAs A Printed 4fame o roperty Owner Signature Property owner Page 26 of 126 CITY OF WATERLOO Council Communication Resolution approving request of Matthew Hesse for a waiver to the driveway and sidewalk specification for the construction of a heated asphalt approach, located at 1152 Oregon Street. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Reviewer Action Date w v �. Engineering i�.��m:�,.:tt�'o�.��., ����:����ie .�p�.������ve 8/13/201 9 2:55 PM erk: Office Even. LcAnn Approved 8/13/2 9 3:53 If ATTACHMENTS: Description Type o TM Waivem, 1' 2 0I- ,d ?on Cover . SUBJECT: Resolution approving request of Matthew Hesse for a waiver to the driveway and sidewalk specification for the construction of a heated asphalt approach, located at 1152 Oregon Street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommendation of approval by the City Engineer. Summary Statement: This waiver is needed because homeowner is wanting to install a heated asphalt approach. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer p rio r to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. GOLDEN GARDENS ADDITION E 60 FT LOT 12 BLK 7 E 60 FT Legal Descriptions: LOT 13 BLK 7 Page 27 of 126 From: Matthew Hesse Fax: 18775530187 To: Date: 1/4601 Honorable Mayor and City Council City Hall Waterloo, IA MOS Council Persons; Fax: (319) 232-9B31 Page: 3 of 3 08)0712019 11:22 AM 1 hereby request a waiver to the driveway mid aidewatk specifications for the construction of at4 driveway or sidewalk located at foonorete or asphalt) 1 Or This waiver Is needed because of: (Mdrs) .. ,...,.. $pedal $urfac4 texture to be ue d on the mcrete approanii {Le., exposed aggregate, brick staniptgl pattern, paving brick). efimikintion of the idestianc section due to the. loabiLity to rest the grade requirements. ... elimination or the oidawalksention for asphalt driveways. placenitnt of a dri G a r or sidewalk5, ilghtioraway on an unimproved strut. :..l.. Other: 1�' I t- 1 agree to the following: t To remove and re !a a Oils driveway to an iial etevatIon at no addititynal exintose to the City cFf Waterloo at such time that sidewalk is constructed, 2. To raniove and replace the o vreway, as needed, to n official elevation at no additional experoo to tho City of Waterloo 0 suCh Moe that curb and guttoris contructed. 9 To pay for any additional expemiwz for the replacement of any such textured drivevw or sidewalk that has hese removed for amt. City of Wsiterloo projg t 4. To employ a ixtriciod aoniractor who shall obtain a pronvit from the offiGe of the City Engineer, S. To have the driveway construotod acaorclingthe specifications anti policies of the City Engineer and tittdor his zupervision, This waver is for thIS property only,. Attached herewith is a payment in the amount of seven dollars ($700) for the purpose of mordIng this agreement, Respectfully it , 2,s5 Pwitxtod Name of Propety •wner Page 28 of 126 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Helen Clark on September 28, 2019 from 6:00 p.m. to 11:00 p.m., in conjunction with a birthday party to be held at 214 Blowers Avenue, including a live D.J. with music. City Council Meeting: 8/19/2019 Prepared: 8/14/2019 REVIEWERS: Department Reviewer v Police i.. eparit. ft eli.�l.t i1igbyy, Nancy. Action Date Approved 8/14a / ( :Ti ATTACHMENTS: Description Type Noire Varian �.�pp i ion Back l :ate mei.: SUBJECT: Resolution approving Variance to Noise Ordinance request from Helen Clark on September 28, 2019 from 6:00 p.m. to 11:00 p.m., in c o njunc do n with a birthday party to be held at 214 Blowers Avenue, including a live D.J. with music . Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 29 of 126 APPLICANT'S NAME: APPLICATION FOR VARIANCE TO NOISE ORDINANCE vl ctt APPLICANT'S ADDRESS: APPLICANT'S PHONE #: ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: fc TIMES OF DAY OF VARIANCE: GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: Q&rtLQL f1 e6,) --k /Cs PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. CITY COUNCIL ACTION: APPROVAL: DENIAL: Date Police Dept. Recornmend., o APPROVAL: DENIAL: DECIBEL LEVEL: Page 30 of 126 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Felicia Smith on behalf of North End Culture C enter on August 17, 2019 from 11:30 a.m to 6:00 p.m., in conjunction with with North End Music and Arts Festival event to be held at Ferguson Fields Park, including a stage with music, sound system and performances . City Council Meeting: 8/19/2019 Prepared: REVIEWERS: Department Reviewer Action Date Police Depart lent ighyy 'Nancy Approv d. 8/13/ , ) PM ATTACHMENTS: Description Type Noise Variance Back SUBJECT: am:teria. 1. Resolution approving Variance to Noise Ordinance request from Felicia Smith on behalf of North End Culture Center on August 17, 2019 from 11:30 a.m to 6:00 p.m., in conjunction with with North End Music and Arts F estival event to be held at Ferguson Fields Park, including a stage with music, sound system and performances. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 31 of 126 APPLICANT'S NAM APPLICANT'S A 10 APPLICATION FOR VARIANCE TO NOISE 0 INANCE DRESS: APPLICANT'S PHONE #: ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: J1/4 1) TI 1 S OF DAY OF VARIANCE: GEOG • A HICAL LOCATION OF VARIANCE: t4, DISTANCE OF ACTIVITY FROM RESIDENTIAL PRO ERTIES: PLEASE EXPLAIN THE EVENT REQUI G THE VAR[ CE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE 1 'NANCE, SUCH AS A BAND PLAYING, PA SYSTEM, E C. IY (":!;',„„ :nr:•117 CITY COUNCIL ACTION: APPROVAL: DENIAL: pp• iticant.1s Signa re Police Dept. ecommendation APPROVAL: DENIAL: DECIBEL LEVEL: Page 32 of 126 CITY OF WATERLOO Council Communication Resolution approving request of Andrew Robeson on behalf of Kings and Queens, 304 W. 4th Street, to close the alley behind the business from 7:00 p.m. to 1:00 a.m. beginning August 22, 2019 through October 31, 2019, to hold a weekly "Com Hole" bags league. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Police i. epa.rt ent Clerk Office ATTACHMENTS: Description Kings and ce r s SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Policy Issue: Background Information: Reviewer Payne, Corbin N au. y Action .Approved Approved. Type Cover Date 8/11/A 1 Q : 8/14/701( 9 AM Resolution approving request of Andrew Robeson on behalf of Kings and Queens, 304 W. 4th Street, to close the alley behind the business from 7:00 p.m. to 1:00 a.m. beginning August 22, 2019 through October 31, 2019, to hold a weekly "Com Hole" bags league. Submitted By: Corbin Payne, Police Lieutenant Approve request of alley closure. Owner advised he would place cones in the area to block off location. none none First time applying for this event. Page 33 of 126 To whom it may concern, My Name is Andrew Robeson lam one of the owners of Kings and Queens Club 30411 4th street. street. 1 was told by main street to contact you about an alley closer. 1 would like to request that I be allowed to close the alley directly behind my bar on Thursdays nights from 7pm — lam starting August 22nd and continuing weekly until October 31St. 1 am requesting this to allow the temporary placement of Corn Hole boards so that! can host a weekly league of players here at the bar. I would allow customers to take their drinks purchased from inside the bar to the blocked off area behind the bar accessible by the back door. 1 have spoken to the businesses directly impacted by this request and everyone approves. Thank You Andrew Robeson Page 34 of 126 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 5, 2019 and date of public hearing as September 9, 2019, in conjunction with FY 2020 Cardinal Drive, Donald Street, Linbud Lane and Martin Road Drainage Improvements, Contract No. 988, and instruct City Clerk to publish said notice. City Council Meeting: 8/19/2019 Prepared: 8/14/2019 REVIEWERS: Department Reviewer Action Date :Engineering Knutson, Jamie A Prov d. 8/14-r ,AM q Clerk 01.. c,cc,, 1 h ghy, 'Nancy m.ncy A pprove,d. SUBJECT: 8 1 7. 11 9 ,,,,,,, 0: 5 9. M Resolution approving preliminary plans, specifications, form of contract, etc . , setting date of bid opening as September 5, 2019 and date of public hearing as September 9, 2019, in conjunction with FY 2020 Cardinal Drive, Donald Street, Linbud Lane and Martin Road Drainage Improvements, Contract No. 988, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Dennis Gentz, PE, Assistant City Engineer Summary Statement: Plans prepared by the City Engineer's Office. Expenditure Required: TBD S ource of Funds : Storm Water Page 35 of 126 CITY OF WATERLOO Council Communication Resolution approving an Affidavit for release of property reverter for an approved project in the Development Agreement with Residential Development Partners, LLC, for Lot 3, Hawthorne Estates 1st Addition, and authorize the Community Planning and Development Director to execute said document. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department P larin..imrm g P lanning &"; ning laming m ng oning Clerk. Office fice ATTACHMENTS: Description Affidavit SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer chroeder, Axle J\..drie .rm.ne S c1rm.roeder, Aric Action Rejected Approved Approved A pproved.. Type 13 ack ui rift, Date 1 1(. 1Q.. 6 AM 8/1412019 2 AM 2019 ......, 10:28 J\ 8/1412019...... 11 :36 A Resolution approving an Affidavit for release of property reverter for an approved project in the Development Agreement with Residential Development Partners, LLC, for Lot 3, Hawthorne Estates 1st Addition, and authorize the Community Planning and Development Director to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve resolution The Affidavit helps for clear title of home built on Baltimore Field, as it allows the release of the reversionary clause wording in the full development agreement for this particular house sale. None NA Infill Housing Not approve The City of Waterloo entered into a larger Development Agreement for multiple homes to be built. As a home is built and is ready to be sold, the Affidavit will allow for the house to be sold with clear title. This process ensures to the City of Waterloo that the home has been fully built and has received a Certificate of Occupancy to meet the City's goals of new home ownership in the community. Page 36 of 126 Legal Descriptions: Lot 3, Hawthorne Estates First Addition, City of Waterloo, Black Hawk County, Iowa. Page 37 of 126 Prepared by Christopher S. Wendland, P.O. Box 569, Waterloo, IA 50703. (319) 234-5701 After recording, send to: City of Waterloo, Planning & Zoning, 715 Mulberry St., Waterloo, IA 50703 AFFIDAVIT STATE OF IOWA, COUNTY OF BLACK HAWK, ss: The undersigned, being first duly sworn on oath, deposes and states as follows: 1. I am Community Planning and Development Director for the City of Waterloo, Iowa. I am familiar with the terms of a certain Development Agreement (the "Agreement") dated June 25, 2012 and filed October 19, 2012 as Doc. No. 2013-8061, by and between Residential Development Partners, LLC (the "Company") and the City of Waterloo, Iowa (the "City"), as amended by an instrument dated January 28, 2019 and filed April 19, 2019 as Doc. No. 2019-15571. The Agreement imposed certain development obligations on Company, and the City held a possibility of reverter as security for the performance of those obligations. 2. I am personally familiar with the project covered by the Agreement, and I acknowledge that the conditions constituting a Release Event, as set forth in Section 3 of the Agreement, have been satisfied with respect to the following property: a. Lot 3, Hawthorne Estates 1st Addition, Waterloo, Black Hawk County, Iowa. 3. I execute this affidavit to confirm that the City's reversionary rights under the Agreement have, by occurrence of the Release Event(s), been terminated with respect to the above-described properties. Dated August , 2019 Noel Anderson Subscribed and sworn to before me on August , 2019. Notary Public Page 38 of 126 CITY OF WATERLOO Council Communication Sale and conveyance of City property located east of 405 Devonshire Drive to 401 Devonshire LLC, in the amount of $1.00, with a Development Agreement, in conjunction with the construction of a single-family home and related improvements. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Reviewer Action Date P laming & . ning Schroeder., Ari Approved 8/14/1( 1. AM Clerk Office E Vela, I eAnn Approved 8/ '1 /)0 ,,,,,, 1. L „) AM ATTACHMENTS: Description Type 0 401 I evorm.shire :. ... Cover CI '1„01 Devonshire legal Covera a m. o ..1 c. use is csi.gn... Option. 1. I3 ackui at , »,.. n. 0 is iouse ][)csii.gn.. Option. on. Ba ek:up Material SUBJECT: Submitted by: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on File Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City property located east of 405 Devonshire Drive to 401 Devonshire LLC, in the amount of $1.00, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with 401 Devonshire LLC for the construction of a single family home and related improvements, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City of Waterloo owns the property in question east of 405 Devonshire Summa Statement: Drive that was originally acquired as part of the widening of Ans b o ro ugh Avenue. The area to be sold is not needed for road purposes, and the developer is proposing to build a home on the property. Expenditure Required: None S ource of Funds : N/A Policy Issue: Economic Development Alternative: Not sell Page 39 of 126 Legal Descriptions: Lot 22 of Byrnbrae Second Addition, except Parcel "E" of the SE 1/4 of Section 33, T 89N, R13W, City of Waterloo, Black Hawk County, Iowa, as shown on the plat of survey recorded as document 2019-19609. Page 40 of 126 Prep rer information: Noel Anderson 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement' is entered into as of by and between 401 Devonshire LLC ("Developer") 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. Developer is willing and able to finance and construct a single-family and related improvements on property Located at on Devonshire Drive in Waterloo, generally described as parcel 8913-33-427-012, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT Ef T NOW, THEREFORE, E, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the teras hereof, City shall convey the Property, or cause it to be conveyed, to Developer for the sum of $1.00. 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; current and future real estate real property taxes and assessments; (c) general utility and right-of-way easements serving the Property; and restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur at any time that is Page 41 of 126 DEVELOPMENT AGREEMENT Page 2 mutually agreeable to the parties, but in any event not less than 14 days after the date of this Agreement. 2. Improvements by Developer. After conveyance, Developer will construct on the Property a single-family dwelling with attached garage, substantially in accordance with the floor plans attached hereto as Exhibit "". The dwelling shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as o described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All 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, 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. construction. Developer must begin construction of the Improvements within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twelve (12) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the improvements by the Start Deadline, then at City's option title to the Property shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to the Property shall revert to the City after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines 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 Developer, the requirement that construction is to be completed by the Completion Deadline 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. Page 42 of 126 DEVELOPMENT AGREEMENT Page 3 4. Reverter of Title. In the event of any reverter of title, Developer 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, or encumbrance arising by or through Developer. Concurrently with the deed, Developer shall deliver to City the abstracts of title for Property conveyed. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Appointment of Attorney -in -Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in-fact. 5. Maintenance of Drainage. Developer acknowledges that drainage of the site is of utmost importance in the area. Developer agrees that, in undertaking the Project, he will not fill, improve, re-route or in any way alter the existing drainage on site without the express prior written consent of City. 5.1. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), , the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. 6. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross--collateralie the Property to support the construction of improvements on any other real estate. Page 43 of 126 DEVELOPMENT AGREEMENT Page 4 8. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 9. Representations an 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. P. 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. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer 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 Developer. 11. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall i DEVELOPMENT AGREEMENT Page 5 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. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the city Attorney and the Community Planning and Development Director. (b) if to Developer, to Bob C. Moore, 5850 Summerland Drive, Waterloo, Iowa 50701 for 401 Devonshire LLC. Delivery of notice shall be deemed to occur (0 on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. 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 Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. 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. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion Page 45 of 126 DEVELOPMENT L AG EEMENT Page 6 thereof shall be deemed to be written, and shall be construed and enforced, as o limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a ratter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed 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. 20. 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. 21. 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: Quentin M. Hart, Mayor. Moore, for 4I 1 Devonshire LLC ti WobC Attest: Kelley Felchle, City Clerk Page 46 of 126 EXHIBIT "A" Legal Description of Property See attached plat of survey Page 47 of 126 EXHIBIT "B" Floor Plans See attached. Page 48 of 126 I L 61,-1,Z-9 1 'ON pays 61,-9 :umaia eleci -9 >P0AA Pleld :epos JMM :As UMala Z9Z17-1,6Z (61.) :xef 3j, -1-6Z (61.0 :auoLld COLN eM01 'oopelem 1.9eAs fiJiaciln1/1 9 LI wowpedea Bupeau!BuR oopeleAA lo ij 100.J qou! :al 9Z wou.iamseajAl Ple!d (,S17"EZ1..) ;uawainsean p.moad 'alaiou'oo ur les JO punc4 deo aniginn Jeglaj ,,t7Z x g/3 is 0 luatunum puno. • :puo5a-14eld (M .90,01..68 s) (.1717'LL) waLuaAed cod ..X.. PapEld Elad (3 .8931.68 N) (.61;14) ..£E08 • ...Oh. d 01 mollaitim JeciaJ .pd z 0 OZ NeCI 499i,07 leas s!to q paianoo siaatis JO Sa6ed Aaquiepea s! alma lemeue esueon /Cum 91.2.61, JaqumN asuaon Sid ‘allsE0 "M 0 ale aqjo smel aqi.Japun JoAakins pue] pasuaoq AInp e we Tall pue uo!s!Nadns leiuosJad pau AUJ apun Jo ow Aq paLwoped sem >ppm furans poa au; pue paledaJd sem luatun0op 6u!Aaruns ;an ANA° AqaJaq 1 Vil #'9S6Z 900# )1008 aad Amns Jed 1.uawamseaN - % !luawaanseaw PePreld d ds 09i7‘z payed JO ewe paAatuns 6L0 Launt' uo a0ig0 sAllPnV A1un00 )IMSH ADS eq 4 pauksse Ja4ai [awed .e .4oa,aql siewpap pue Tee; As/ups Sfl ale suolsuaqp IlY*Z ( 1,0Z) 8 OVN `auoz LIIJCN 'welsAs aleup000 aueld awls emoi Sql oupri suoqsiuosqo Sde WOJJ paApap ale AeAins spqp. uo umous s6upeas NI :sa4oN AatUns P9E6Z 900Z# yoag aa,d, stuniugllopuop 3 auei pueifeael COZ"ELL 3 .90,E [069 N) d z OLL — — — — - - — -9 '9-2 0 .0,69N) %- ,TS9L —Z — — — — M 4.6E—S—(L't69 9 800 £9 N) d '0'969 — (,VO' 1.9) 130) d 231. AS 0.17‘8 maJV ZZ 101 6up.qewem ZZ 196TL) d (3 „BS. 4 4.6 N (9L.L.9) ,,91L60 M01, dM 01 anIclim seqw stt qwv, paoeidai lnq 'ungsod lsamgsea Jo). PI.H U!IJO1-14no s .80 deo 013flo/hi Jeq .139 1-Z uopippv puz eestqugg ad!d] undo .3 "P9 903 uomogi upm adld uouyi „L. "pj 089 uado pj 01. 101 '20 AAS aC) —(9t969 3 ,,E9,1.1..62 N) d COZELL ,29 41,68 N) d ZELL— — — — — - MOH ,09 GAPO at I LISUOA ea deo 01 momaA pe6Bwepim mow fr# 01, 101 ',00 MN 'uoRdposap sui_j; 40 asbd-Ind -1°; ise2 ug0,0 7.11-10N Jeaq o;pouinssost uollIPPV puooes aelquJAg 4.0 111009 ooa 1804 alerts 09P`Z 6u!u!e;uoo '6u!uu!6eq 4o ;u!od ay; ZZ ;oi 40 au!] 1.4].Jou aq; Euoie )004 6 vL lise3 „99,1. '1_69 LI;JoN aoueul !zz 00140 au!1 tWOU all; 010334 1,9'1471, lsaM .CZ,S9.10 t9 -10N @Dual; !swn!u1wopuo0 Goal,J@I pueleo8JD40 JOUJOO seaul_iou all; 0; zz 101 40 auu tiros au; uoie ;aal. priz 1 PM „90,01..069 ulnas aouaq; 00140 J@WOO ;sea14;n0s 9110 01 ZZ 10140 au!! ;sea aill bucle 09a4 19071 0se3 2zi002o 1.41n09 ZZ 101 p1130 40 J9LIJO0 Iseetwou aq; 6u!uul6a9 :smo1104 se paqposap ApeinogJed alOW bu!aq 'emoi ligunoo >imeH )peig 'oopalem 40 'uopppv puooas ealquiAg 'zz 40 uopod leqi emoi ‘,,f4unoo )1AneH Noels bopelem JO APO 'ME 'N691 E DeS 't7/1, 3S et -fl Jo a foaled Aemns joi 6096T000 6TNard 833d0031,1 HUM '1 IaNVS vmo Azunoo >188H rt -re 40 T abed 00'a =WV eaA wv T40 610Z/9V90 :PaPJ00a8 N39, adAl 1000106L9600 :01 00a 11 11 NI1101111111111111111111111111 ZLC17-11,6Z C0L09 VI '001.1/ :uogOosea lowed CMS VI `001.1aleM IeeiTS ALloclInIAI 914. wewpedea 6upaeu!6u3 oopaimmin, :Auedwoo Jo4eAms anse0 "AA we :JoAaiung oolialemp :10100 Old oopelem Jo 40 guosJopuv 130N Aolsenball e11101 ‘oope4em lo 'uoRIPPV puopes oelquAt3 tZ40-1 :uoildp3sea pueBal xepui -t')) C . , 1)11111 v0000ll'1111111111i 11111,11111111111••:•111111•11•11,;•:11.11•11.1111.•1111"1.11 11111111.11,1,11,1,1, 1.••• 1•11.1••••• .111 • 1-11 ,1111•11•,. ,111.1,111,11111111•1 11'111'1. 1.1„1,,...„,,,,,..1.11111111.111111,••,1,1„11„1111,::111111„1,11.1,!111111'11111',111,1,1„1,„....,, ....,,,11,1.1,111.11:111.1:111:1,,,,111111111,,,,,,,111111111,11.11,11„ 1., • 1•1'1.1111111,11111:111111111111.:11'11"' • •11,111,1111,1111,1111.111,•11111.1,„„,„„,„.„,„ 1 • • „„„•• • il,„.,:111,1111111•11•1;111111111111.11111111111111111111:1111111111 ,,,111111111111111 \4 ,11111 ',„,.:„,„„„„„„„„:„„::::"!1'11:111.i.„....„„::::,.!'i!,lii,,!„,!,,,,,,„,,,,„„,:1,::1:1".'11'17." • 111111111111111111111111111111111 ,,11111,1111,1,11,111,, 1,• : n1.111,10,1,1111,,,.11. • 1,,,,,, ••• . • •.• • • ,• 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111iiiiiiiiliP1 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 111111111111 I ;11:1,,.1,1,:,,,1„11.111,11,1111,,,'1',11:;11),;;!;;111:1,,,1111,1,1i011,1:1'11.11))11}})t).,...).,,,,,,1111!lid. ill 111111111I •.•.• • •• mmmmll 1111111 11111,11, Dimensions 43'-0" Wide 69'-4" Deep Main level: Total Finish: Garage: Loft: 1878 Sq. Ft. 1878 Sq. Ft. 472 Sq. Ft. 318 S . Ft. 3 Bed 1 2 Bath 1 2 Car Garage 1 French Country Style Covered Patio Mbr. 4 6 14 x 14 Cath. Ceil. 2 10 11 x 16 B .3 4 0 11 x 11 0 0 16 x 20 Cath. Ceil. Covered Porch Br.2 4 0 11 x 11 Bench/ Lockers Gar 4 19 x 22 dHousePlans.com 1 Plan 29435 Price Code B Ciera Rae DN Loft (Optional) 2 4 9 x 31 Cath. Ceil. 1111111111111111111111 11 MENARDS 1111 To order this plan, visit www.menards.com or visit local Menards store Page 50 of 126 AMINE r r r i► z : r = - am om � om-f-o-f-f mo- NNEMENNEMENNEMENNEMEN r r r r r rrr- I I I I III III ir�r�����r. . . .. . +� EM���Nr-I�I�I�I�I�I�I�IL `IMMZNZEZEENNNZEZM�M�Mr MENNEMMENMENNEMEN`�`= `i ME/ del VIS �, 11111111111,1, �;�oi�1�9411po, 111000 t IIIIIIIIIIIIIIII Ill,,, II1IIIIIIIIIIIIIII 1111 I1IIIfi� Mu liu,w luau im VIII olf111101111111Flho oo'i'""ooD000liii1111 Dolululululuviuu.,u11111":Iil,;i1D000.Dlovo, ,111111,11,11,111 11,1.'11'11 Dimensions 26'-0" Wide 62'-0" Deep Main Level Second Level Total Finished: Garage: 899 Sq. Ft. 1053 Sq. Ft. 1962 Sq. Ft, 462 Sq. Ft. 3 Beds 1 3 Baths 1 2 Car Garage 1 Craftsman Style Covered Patio Family 159x 17° UP Bfst. 128x132 D • • 96x 150 Covered Stoop 1-844-675-9638 Oo, 3d Bench &- Lockers Gar. 194x 238 AdvancedHousePlans.com O Plan 29311 1 Price Code B ewberry advanceFw P 1'1 To order this plan, visit www.advancedhouseplans.com Page 52 of 126 CITY OF WATERLOO Council Communication Resolution approving a Hotel/Motel Mini Grant application to the Waterloo Convention and Visitors Bureau in the amount of $2,400, to fund facility rental, entertainment and transportation for the Iowa Chapter of American College of Trial Lawyers annual business meeting, and authorize the Mayor to execute said documents. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Reviewer Action Date Clerk Office Even, y 1 cAnn Approved ATTACHMENTS: Description Type CouncilCo 1 ill n mca ion Back atcriCI .: . w Application is ', dac u i J\ ate SUBJECT: Submitted by: Summary Statement: Expenditure Required: 4F Resolution approving a Hotel/Motel Mini Grant application to the Waterloo Convention and Visitors Bureau in the amount of $2,400, to fund facility rental, entertainment and transportation for the Iowa Chapter of American College of Trial Lawyers annual business meeting, and authorize the Mayor to execute said documents. Submitted By: Tavis Hall, Executive Director of Waterloo Convention & Visitors Bureau This event is an annual business meeting and educational program for members of the Iowa Chapter of American College of Trial Lawyers. During this event, members and their spouses will attend the business portion at the Courtyard by Marriott. Social activities will include golfing at Beaver Hills & Sunnyside Country Club, dinners/receptions at Grout Museum & Sunnyside, tours of John Deere and Grout Museum as well as utilizing the Cedar Valley bike trails and local shops and restaurants. $2,400 Page 53 of 126 Council Communication City Council Meeting: July 29, 2019 Prepared: July 16, 2019 Dept. Head Signature: Number of Attachments: 1 SUBJECT: Mini -Grant recommendations Submitted by: Tavis Hall Recommended City Council Action: Approve Experience Waterloo board recommendation for funding mini -grant. Applicant: Trial Lawyers Annual State Meeting Event Details: August 16-18, 2019 at the Courtyard by Marriott, Downtown Waterloo Summary: This event is an annual business meeting and educational program for members of the Iowa Chapter of American College of Trial Lawyers. During this event, members and their spouses will attend the business portion at the Courtyard by Marriott. Social activities will include golfing at Beaver Hills & Sunnyside Country Club, dinners/receptions at Grout Museum & Sunnyside, tours of John Deere and Grout Museum as well as utilizing the Cedar Valley bike trails and local shops and restaurants. Attendance: An approximate 80 attendees, which doesn't seem like much, given all of their programmed time "experiencing" Waterloo (see what I did there), could certainly result in additional travel. Projected room nights: 94% of attendees being from out of town, coupled with the extensive itineraries for attendees, total hotel overnights will be roughly 225 overnight stays, in higher -rate hotels, which is great for our H/M tax contributions. Projected economic impact: $176,110 Request: $2,400 (mini -grant) ROI (Economic impact based on requested funds): A $2,400 award would return $73.38 per dollar invested. Use of funds: Funds will be used for - facility rental (Courtyard, Sunnyside & Grout Museum)- $2,300 (fundable) - entertainment - $2.600 (fundable) - transportation - $900 (fundable) Source of Funds: Hotel -motel tax mini -grant fund Policy Issue: None Alternative: Do not provide funding or provide recommendations for alternate funding. Page 54 of 126 waterloo Organization FEIN /778923 FY2020 Event Grant Application Application Submitted: 5/30/2019 14:13:17 American College of Trial Lawyers Non-profit American College of Trial Lawyers Annual State Meeting Waterloo, Iowa Starting: 8/16/2019 Ending: 8/18/2019 Total Amount Requested: $3000 ORGANIZATION INFORMATION Contact person 5t_°phen J Po ll Organization address 1300 Do e St., Ste .L)Q, Ne sport h, CA 9 Organization web address Contact person's email address Contact person's phone number 31 2 40- 048 Is a member of Waterloo City Council or Experience Waterloo on your Board of Directors or an employee/volunteer of your organization? No For-profit entities ONLY: Please describe how the project is different from your normal business and how it ties in to your normal business. How is the project tourism -related? How much does the funding mean to the success of your event? Event name American Coll Le Event location olerloo, tow Amount requested 3 0 EVENT INFORMATION Event start & end date Trial L. y Annual Sty -H. 7 /1 / 1 through rou h ,3 8/ Please specify how grant funds will be used Facility r nt.0l5 transportation„ entertainment Please describe the event t his nt is an annul business meeting d educati nal pr g members of the Ch pter r ��ACTL. During rin � tlis event, m e m b e r. and th r n:,1,1!,,q3, uses ill attend the business ortion 1,:o 1yard by arrio t.t Social activities ill include oiling at Page 55 of 126 Bea er Hills CC w ell ans. !tilIIf �n nysire �n n c rs M cp��� ns ��Gr u tMuseum cn .Sunnyside CC tours oLimas Cedar Valley bile trails nd local shops end r st a rnts. EVENT GOALS & EXPECTATIONS Please specify the goals/expectations of the event. • pro vi e education to our members an iliapporte un I t y •• ��� b �� , �� ��� � tl r ' I� �����.�� � � nue W Please describe the mechanism for measuring to see if goals/expectations are met. Members rill receive CLE: F accreditation nd mill measure oils expectuti „ns by post nnnnnn! tent f,„ How does the event bring people to Waterloo from outside of Black Hawk County? Members corrn tom all over the tat Ia and beyond to attend. VISITOR GOALS & INFORMATION How many people do you expect to attend? Appr x 8 people Please describe the mechanism for tracking/measuring attendance. Reistrtln and sign In sheets How many out -of -county visitors (who are staying in a hotel) do you expect? What percentage of overnight attendees are arriving by air? What are your expectations for total hotel room nights used in Waterloo? 6 How many visitors do you anticipate staying in each hotel room? EVENT HISTORY Is this event new? Y"" .s, ri vtr to u t rl ° ) b Please explain, in detail, how this event explores a new idea, new direction, is innovative or a new event. Are there significant changes to the event/application from previous years? H not pret'i 'sly applied for this gt nt If yes, please describe in detail those changes. preY applied • rpt. � ��°��.s �� � ier this grant Where has the event most recently taken place? Iu� It..y„ Iwo' Page 56 of 126 When was the event last held? /24/2018 How many total attendees participated? 60 How did you track attendee information for previously held events? Registration Does this event employ any significant new ideas, new directions, innovations or new projects? If yes, please explain. MEASURING SUCCESS Please describe the mechanism for tracking/measuring success of your event. By the number f attendees r g s tered an tth post rr tin: feedback Please describe the mechanism for verifying hotel room use and how the hotel room use will be tracked/measured. H tel r i5tration' BUDGET Will you be answering budget questions in this document or emailing them to Tavis Hall, Executive Director of Experience Waterloo? Ansa 'er budget qurstl ns in this applicajom What is the total income for the event? T" rnet income BUDGET QUESTIONS What amount of income will come from advertising? What are the total expenses for the event? What amount of income will come from sponsorships? $Est. $1 /00 How will profit (if applicable) be used by the organization/business? � N� �n profit �t� 1f any pr� � �t �.t. ���1 be applied t he f 't 3 year meeting What amount of income will come from entry fees, ticket sales, admissions and registrations? r)t So What amount of income will come from grants? If grants are being received, please specify granting organization. Fxp rl nc V /r t rlo What amount of income will come from alcohol sales? Page 57 of 126 What amount will be spent on food and beverage? 0 What amount will be spent on speaker costs? What amount will be spent on space/facility rental? What amount will be spent on audio/visual? What amount will be spent on Internet? so What amount will be spent on security, medical, etc.? What amount will be spent on transportation? S What amount will be spent on marketing? J What amount will be spent on signage and printing? What amount will be spent on prize funds? 5 What amount will be spent on labor costs (internal and external)? What amount will be spent on travel costs? What amount will be spent on entertainment? Please outline exactly how grant dollars will be spent. Which of the amounts above will be funded by the grant, and in what amount(s)? Grant dollars will be spel.ility renta ls (Courty«° rd, Stinnystl M 'rout), transportation, sect! ity„ and entertainment- Est 02 0 STRENGTHENING WATERLOO How does this event strengthen Waterloo and/or the perception of Waterloo? What specific marketing will you be doing outside of Black Hawk County for this event? 'tate fide emails How does your organization collaborate with others in the community throughout the year? IVlst oft e attendee members have h cl limit wITµd exposure to the 13l ck Ha ik County Judlclal Syst m ACKNOWLEDGEMENT I have completed this to the best of my knowledge and certify that the information is accurate and complete. acknowledge that the Hotel -Motel Tax dollars are reimbursement and payable upon completion of the project(s) outlined on this form. SIP Page 58 of 126 CITY OF WATERLOO Council Communication Resolution approving recommendation of the Public Works Division Manager to proceed with outsourcing the collection and processing of recycled materials and making curbside recycling mandatory for all current and future Dwelling Unit and Multiple Dwelling Unit customers, as defined by 4-3-1 of city code. City Council Meeting: 8/19/2019 Prepared: 8/16/2019 REVIEWERS: Department Reviewer P l, blic 'Works 1Depart en- 'Feld*, K..4 ATTACHMENTS: Description . Resolution as min SUBJECT: PC y Action Date Approved 8/16/ ( ,,,,,,, .29 AM Type B', ack •,. .�p�� M ate ri . Resolution approving recommendation of the Public Works Division Manager to proceed with outsourcing the collection and processing of recycled materials and making curbside recycling mandatory for all current and future Dwelling Unit and Multiple Dwelling Unit customers, as defined by 4-3-1 of city code. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Page 59 of 126 Prepared Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2019 -XXX RESOLUTION APPROVING RECOMMENDATION OF THE PUBLIC WORKS DIVISION MANAGER TO PROCEED WITH OUTSOURCING THE COLLECTION AND PROCESSING OF RECYCLED MATERIALS AND MAKING CURBSIDE RECYCLING MANDATORY FOR ALL CURRENT AND FUTURE DWELLING UNIT AND MULTIPLE DWELLING UNIT CUSTOMERS, AS DEFINED BY 4-3-1 OF CITY CODE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA that the recommendation of the Public Works Division Manager to proceed with outsourcing the collection and processing of recycled materials and making curbside recycling mandatory for all current and future Dwelling Unit and Multiple Dwelling Unit customers, as defined by 4-3-1 of city code, is hereby approved. PASSED AND ADOPTED this 12th day of August 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 60 of 126 CITY OF WATERLOO Council Communication Resolution approving FY 2020 Edward Byrne Memorial Justice Assistance Grant (17 -JAG -302508), in the amount of $195,640, in conjunction with enforcement efforts of the Tri -County Drug Task Force, to include the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorize the Mayor to execute any necessary documents.. City Council Meeting: 8/19/2019 Prepared: 8/8/2019 REVIEWERS: Department Police [ epalF lent Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Mohlis.„ [:)ave 1m;vemmy :..cAnn Action ./ pp roved. Approved Date 8/8/201( 8/13/2019 A M: : PM Resolution approving FY 2020 Edward Byrne Memorial Justice Assistance Grant (17 -JAG -302508), in the amount of $195,640, in conjunction with enforcement efforts of the Tri -County Drug Task Force, to include the City o f Waterloo, City o f Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorize the Mayor to execute any necessary documents. Submitted By: Dave Mohlis, Police Captain Request that the City Council pass a resolution authorizing Mayor Hart to receive the 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $195,640.00, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriff and the Black Hawk County Attorney. This grant will in part be used to pay salary's for Task Force members. The grant will be utilized from July 1st, 2019 to June 31st, 2020. Your approval of this grant will enable the Tri -County Drug Task Force to further investigate mid and high level narcotics crimes creating a safer community. None N/A N/A N/A N/A N/A Page 61 of 126 CITY OF WATERLOO Council Communication Resolution approving the Federal Violence Against Women Grant extension with an amendment of an additional $9,028 in funding for the Domestic Abuse Response Team now totaling $45,141 for salaries, with a local match in the amount of $14,226, for FY 2020. City Council Meeting: 8/19/2019 Prepared: 8/12/2019 REVIEWERS: Department Reviewer Action Date P° .ice i.. epar. ..en.t Mohhsy Dave Approved 8/12/1( 1 ,,,,,, x..1:59 AM Clerk Office 1 ven y I (2A..n. . p �i ovcd. 8/13/201. „:06 PM P ATTACHMENTS: Description Nu „w G rant a ard. SUBJECT: Type Cover Resolution approving the Federal Violence Against Women Grant extens io n with an amendment of an additional $9,028 in funding for the Domestic Abuse Response Team now totaling $45,141 for salaries, with a local match in the amount of $14,226, for FY 2020. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approval for the grant extension with additional funds. This grant is a continuation of previous grant awards that are applied towards funding the Waterloo Police Department Domestic Abuse Response Team Summa Statement: (DART) program, providing salary for one full-time DART Investigator. The purpose for the grant is to provide immediate support, perpetrator accountability, and ongoing advocacy for victims of domestic violence and their children. Expenditure Required: This grant has matching funds by the City. Source of Funds: FY 19 budgeted funds Policy Issue: N/A Alternative: The Waterloo Police Department is committed to reducing family violence and protecting victims and children from domestic violence. Without these grant funds it would diminish the ability of the Police Department to follow up on these types of crimes and help victims of violence to break the cycle of violence. Background Information: None Legal Descriptions: None Page 62 of 126 THOMAS J, FILLER ATTORNEY GENERAL JANELLE MELOHN DfvkSION DARECTGR IOWA DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL CRIME VICTIM ASSISTANCE DIVISION Subcontract # \--19-12-CJ 321 E 12TH STREET DES MOMS, GA 60319 PHONE; (616) 81-6044 TOLL-FREE: (800) 373-5044 FAosP4ILE; (515)281-5199) www,Knedot TORNEYc3ENEEA1,.4OV THIS AMENDMENT #1 is made and entered into by and between the Crime Victim Assistance Division of the Iowa Department of Justice through their Victim Services Support Program, Lucas State Office Building, 321 East 12th Street, Des Moines, IA 50319 (hereinafter "Department"), and Waterloo Police Department 715 Mulberry St., Waterloo, IA 50703, (hereinafter "Program"). This amendment serves to modify the original subcontract as follows: PERIOD OF PERFORMANCE: The end date is extended from June 30, 2019 to September 30, 2019. PROJECT COSTS: The amount of funding for this project has increased by $9,028, The amount of funding is now $45,141. of the additional amount funded, $9,028 is from 2018 -WF -AX -0013. MATCH: The additional required match amount has increased by $3,010. The required total match is now $14,226. State funds can be used to meet match if necessary as longs match is used for VOLA eligible activities, REPORTS: Program will be required to complete CVAD reports as follows: Type of Report Time frame for re orcin Re ort Due in Iowa rant .gov CVAD Bi -annual report January 1, 2019 to June 30, 2019 August 15, 2019 - _CVAD 3 month report July 1, 2019 -Sept. 30, 2019 _ October 31, 2019 FINAL INVOICE: The final invoice for this contract is due on or before October 31, 2019, Final invoices will not be reimbursed if program reports are not submitted and complete. All other terms and conditions remain unchanged. This amendment does not require Program's signature. Lori Miller DATED: June 27, 2019 Page 63 of 126 CITY OF WATERLOO Council Communication Resolution accepting a Local F ire Protection and Emergency Medical Services Grant, in the amount of $7,888.99, for fireworks and safety education programming and training, and authorize the Mayor to execute said document. City Council Meeting: 8/19/2019 Prepared: 8/12/2019 REVIEWERS: Department Reviewer Fire Treloar, Pat Clerk Office Even y II c A. gym. Action Date Approved 8/12/1„( 1 ,,,,,,,9 AM Approved. 8/13/201. P ATTACHMENTS: Description Type (3 rant Agree I I mem Cover SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Resolution accepting a Local Fire Protection and Emergency Medical Services Grant, in the amount of $7,888.99, for fireworks and safety education p ro gramming and training, and authorize the Mayor to execute said document. Submitted By: Pat Treloar, Fire Chief Approve This grant is being offered through the Iowa Department of Public Safety and is in support of specific fireworks and safety educ atio n programming and training. The funds will be used to purchase one Lion ITS portable fire extinguisher training system. We will use the training system to teach the proper use for fire extinguishers. Grant Program Documentation Attached in the communication. Zero. This is a no match grant. Page 64 of 126 Ki Reynolds Governor Adam Gregg Lt. Governor A,„1111111111111,11,1111111$11v41,,,,i,,;.„,,,, Department of Public Safety Local Fire 'rotection and Emergency Medical Services Grant Program - Grant Agreement Letter August 5, 2019 Waterloo Fire Department Attn: Chris Ferguson 425 E 3rd St Waterloo IA 50703 r Chris: Stephan K. Bayens The Iowa State Fire Marshal is pleased to inform you that a grant has been approved in the amount of $7,888.99 for use under the Local Fire Protection an. Emergency Medical Services Grant rogram. This letter and its attachments outline the terms and conditions of accepting this grant. Please read all the terms and conditions carefully, sign, and return along with this agreement letter before making any purchase(s). If the Division does not receive signed copies of this grant award letter and general grant terms within 14 days after the date of the grant award letter, this grant may be revoked. Com issioner Grant funds must be used for equipment, specifically One Lion ITS portable fire extinguisher training system, as stated in your approved grant proposal. You must submit a written request to us for reimbursement after each purchase and a check will he mailed to you upon review and approval of the purchase. The grant funds are to be expended within one year from the date of this letter and written approval must be received prior to spending funds on anything not already approved in your grant proposal. Congratulations on this recognition of your importantefforts. We look forward to working with you during the coming year. Dan Wood Iowa State Fire Marshal Department of Public Safety ACCEPTED A DAG 9 RED: Fire Chief or Designee (signature)/Date STATE FIRE MARSNAL DIVISION • 215 EAST 7TH STREET 0 DES MOINES IOWA 50319-0047 0 515-725-6145 Integrity, Fairness, Respect, Honesty, Courage, Compassion, Service Page 65 of 126 LOC&L FIRE PROTECTION AND EMERGENCY D CAL SERV CES (JRANT PROGRAM GENE L G NT TERMS, CONDITIONS AND UNDERSTANDINGS In addition to the specific terms and conditions in the grant award letter dated August 5 2019, to which these General Grant Terms, Conditions, and Understandings are attached, the Iowa State Fire Marshal (Division) is awarding this grant in the amount of ", 7,888.99 to you as the Grantee contingent upon the following: Expenditure of Funds: This grant is to support specific fireworks safety education programming to the public; or to purchase necessary enforcement, protection, or emergency response equipment related to the sale and use of consumer fireworks in Iowa. You must submit a written request to us for reimbursement after each purchase and a check will be mailed to you upon review and approval of the purchase. The Grantee must provide a written report to the Division if any portion of the grant is unexpended after 12 months to include the amount of funds left, how it will be used, and when it will be expended. This grant is made for the purpose outlined in the grant award letter, and terms and conditions. Grant funds may not be expended for any other purpose without prior written approval from the Division. No Assignment or Delegation: You may not assign, or otherwise transfer, your rights or delegate any of your obligations under this grant without prior written approval from the Division. Records and Reports: You are required to submit a written request, including itemized receipt(s), to the after a related purchase is made. A reimbursement check will be sent to you upon review and approval of the purchase. You are required to keep the financial records with respect to this grant, along with copies of any reports submitted to the Division, for at least five years following the year in which all grant funds are fully expended. Requir Notification: You are required to provide the Division with immediate written notification of: (1) your inability to expend the grant within 12 months for the purposes described in the grant award letter and te s and conditions; or (2) any expenditure from this grant to be made for any purpose other than those for which the grant was inten ed. Ntoe Page 66 of 126 Reason c Access for Evaluation: You will permit the Division, at its request, to have reasonable access during regular business hours to your files, records, accounts, personnel and clients, or other beneficiaries for the purpose of making such financial audits, verifications, or program evaluations as the Division deems necessary or appropriate concerning this grant award. Right to Modify or Revoke: The Division reserves the right to discontinue, modify or withhold any payments to be made under this grant award or to require a total or partial refund of any grant funds if, in the Division's sole discretion, such action is necessary: (1) because you have not fully complied with the terms and conditions of this grant, or (2) to comply with the requirements of any law or regulation applicable to you, the Division, or this grant. The undersigned certify that they are duly elected and authorized officers of the Grantee and that, as such, are a thorized to accept this grant on behalf of the Grantee, to obligate the Grantee to observe all of the terms and conditions placed on this grant, and in connection with this grant to ake, execute and deliver on behalf of the Grantee all grant agreements, representations, receipts, reports and other instruments of every kind. ACCEPTED AND AGREED TO: Fire Department Iowa State Fire Marshal (printed) te Fire Marshal (signature)/Date Fire Chief or Designee (printed) Fire Chief or Designee 0 a ure)/Date ,r* Page 67 of 126 Iowa State Fire Marshal Division Local Fire Protection & Emergency Medical Services Grant Program Purchasing Accountability Report Dept Name Waterloo Fire Department 425 E 3rd St Waterloo IA 50703 Please return completed report and signed copies of purchase orders, receipts, etc. to: Iowa State Fire Marshal Division sfmfireworks@dps.state.ia.us Vendor(2) Item Description Beginning Grant Balance 3) Purchase Item Category Purchase Grant Balance Date 1) is) Amount (6) (7) For Administrative Use Only Date Date to Approved Finance $7,888.99 $7,888.99 $7,888.99 $7888.99 $7,888.99 $7,888.99 7,888.99 7888.99 Instructions: Use this form to electronically submit for reimbursement with each grant related purchase, regardless of whether or not you have received reimbursement for any prior purchases, until the total grant amount has been expended. Include scanned copy of applicable invoice(s), receipt(s), etc. with your signature. (1) Confirm department name and mailing address where check(s) should be sent, (2) Name of vendor or store where item(s) was purchased, (3) Detailed description of item(s) purchased, (4) Date of purchase (5) Category item belongs to: personnel/staff time trainin educational materials, or equipment, (6) Total amount spent for item listed, (7) Running balance of grant funds remaining. 9Z I- 40 89 abed Fire Chief or Designee Name/Date CITY OF WATERLOO Council Communication Resolution approving a Grant Agreement with the Iowa Department of Transportation's Office of Aviation, Contract No. 21613 and Project No. 9 -I -200 -ALO -200, in the amount of $129,342, in conjunction with additional improvements to Hangar No. 4, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Reviewer Action Date Airport i .aspaii i, 1< CJI:;h. Approved 8/1411( 1 v Clerk ( ISIice .1 vcn, I eA. n Approved oved. 8/ .I/20 9 10 :1 ` . 4 SUBJECT: Resolution approving a Grant Agreement with the Iowa Department of Transportation's Office of Aviation, Contract No. 21613 and Project No. 9- I -200 -ALO -200, in the amount of $129,342, in conjunction with additional improvements to Hangar No. 4, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Airport Staff recommends approval of this grant agreement to allow Staff to continue making improvements to this hangar - as an additional phase of work to bring this hangar up to a satisfactory level of occupancy. Therefore, with approval, Staff will begin with a design program to design, bid and let this project for hopefully beginning improvements yet this calendar year. Continues current airport program for making physical improvements to the airport departments vertical infrastructure (buildings) at the airport. These funds are to be directed for continued improvements to Hangar No. 4 at the airport - of which, many additional phases of work with these types of funds will be required to continue to make extensive and needed critical improvements to this building to ensure we can attract aviation tenants that will pay a fair market monthly lease rent for this aircraft storage hangar. This grant is at 100% to the City of Waterloo and the Airport Department. No local match by the City or the Airport Department is required. These funds will be derived from the Iowa Department of Transportation - and their Office of Aviation - via the Commercial Service Vertical Infrastructure (C S VI) fund program. These funds historically are derived via the Rebuild Iowa Infrastructure Fund, or RIIF. Page 69 of 126 Policy Issue: Alternative: Background Information: Legal Descriptions: This project and Staff requests, complies with the City of Waterloo's Strategic Plan as follows: Goal No: 1, and Strategy No: 1.3. Goal No: 3, and Strategy No: 3.1, 3.4, 3.5 and 3.7. Goal No: 4, and Strategy No: 4.5. No project alternatives were selected for these funds. Once the former tenant vacated the premises at the end of their 20 -year lease term, airport staff was able to get in and inspect the premises, and naturally - and unfortunately, found a great deal of discovery. Mold on the outside of the walls in the office (under the wall paper), chipped asbestos tiles in the hallway, mold in the north -facing block of the hangar bay, etc. Therefore this grant will begin the environmental removal and abatement process along with sealing up this hangar to ensure that no future mold or environmental hazards would cause any future hangar tenant any health related concerns moving forward. Additionally, the entire building that was occupied by the previous tenant, shows a great deal of just natural wear and tear over the 20 -Year tenancy, therefore requiring the Airport and City as owners of the building, to make substantial improvements just to bring the building up to date. Furthermore, aside from the environmental, office areas, hangars and s ho p areas, doors, windows, HVAC equipment, exterior canopy, wall repairs with damaged s he etro c k, the sealing of exterior concrete block, general scrubbing and cleaning, etc. all needs to be done or improved upon to ensure that we can provide an excellent hangar structure with renovated building spaces and building equipment (Ex: HVAC) - and completed over a period of 3 to 5 years, that we can be proud of to ensure a fair market rate of return by a future aviation tenant. Not Applicable for this request by Staff. Page 70 of 126 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., in an amount not to exceed $23,900, for design and construction administration services, in conjunction with improvements to Hangar No. 4, and direct the Mayor and City Clerk to execute said document. City Council Meeting: 8/19/2019 Prepared: 8/15/2019 REVIEWERS: Department Airport Clerk Office ATTACHMENTS: Description PDF F C opy ( 'Agr and A E (; O M 0 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer i sip ar iy Keith Even, :::(2 . m. neat I. -it e. ity o 'Ater] Action .Approved Approved. Type Coy Date 8/1a 8/ 15/2,019 ,,,,,, l0:19 AM Resolution approving a Professional Services Agreement with AEC OM Technical Services, Inc., in an amount not to exceed $23,900, for design and construction administration services, in conjunction with improvements to Hangar No. 4, and direct the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director Approve the P SA as requested by Staff between AECOM and the City of Waterloo on behalf of the Airport. This agreement will allow Airport Staff to direct AECOM engineers to begin design services for the next Phase of building improvements to Hangar No: 4 at the Waterloo Regional Airport. Cost for design and construction administration, inspection and management services will be a not to exceed amount of $23,900. Funds to pay for AEC O M's services will be derived by the Iowa DOT grant for FY 2020. This request by Staff complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategy No: 3.1, 3.4, 3.5 and 3.7. Goal No: 4, and Strategy No: 4.5. No project alternatives have been selected for this request by Staff. With the approval of the Iowa DOT C S VI grant, and now this request if approved, would allow Staff to direct AEC OM engineering personnel, to Page 71 of 126 Background Information: immediately begin to put for a design package for the next phase of physical improvements to Hangar No: 4, with goals by the Airport Director to begin actual improvements yet this calendar year. Legal Descriptions: Not Applicable for this request by Staff. Page 72 of 126 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com FY 2020 VERTICAL INFRASTRUCTURE PROJECTS IDOT PROJECT NO. 91200AL0200 IDOT CONTRACT NO. 21613 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Project Description - See Attachment Scope of Services - See Attachment Compensation Compensation for services for this project shall be a cost plus fixed fee not to exceed Twenty -Three Thousand Nine Hundred Dollars ($23,900.00). See attached Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated April 15, 2014. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By Quentin M. Hart, Mayor Douglas W. Schindel, P.E. Associate Vice President Date Date August 14, 2019 Page 73 of 126 SCOPE OF SERVICES FY 2020 VERTICAL INFRASTRUCTURE PROJECTS IDOT PROJECT NO. 91200ALO200 IDOT CONTRACT NO. 21613 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA 1. Project Description The project is described as the projects associated with the Iowa Department of Transportation FY 2020 Vertical Infrastructure Projects. Projects identified in the grant include the following: Project will provide mold abatement for the office spaces and repair the exterior walls of the office space and a section of the hangar wall to prevent future water damage. This project will allow the office space to be usable after repairs are completed. Interior wall repairs and repairs to the exterior of the lower portion of the north wall will be completed in a future phase. 11. Scope of Services The work to be performed by the Consultant includes the following tasks: 1. Data Collection and Review. This task consists of the collection of existing data applicable to this project and related to the proposed work site. The record drawings of completed projects and utility information will be compiled as background information for the project. The Client shall coordinate with lease holders of the Hangar No. 4 so that the Consultant can gain access to these in a timely manner for the purpose of survey, investigation and photographic documentation of their existing conditions. 2. Final Design. This task consists of the preparation of the final bid documents for this project, including specifications, drawings (as required) and cost estimates. The final plans and/or specifications will set forth the requirements of the design phase. 3. Final Project Specifications. This task consists of the preparation of specifications for the project. The specifications will be in compliance with current City of Waterloo and Iowa Department of Transportation requirements in effect at the time the specifications are prepared. 4. Estimate of Probable Construction Cost. This task consists of the preparation of an estimate of construction costs based upon the plans and specifications. This statement of probable construction cost prepared by the Consultant represents the Consultant's best judgment as a design professional at the time the estimate is drawn. It is recognized, however, that neither the Consultant nor the Client has any control over the cost of labor, materials or equipment; over the contractor's method of determining bid prices; or over competitive bidding or market conditions. Accordingly, the Consultant cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimates prepared by the Consultant. 5. Quality Review. This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel not directly involved in the project. Page 74 of 126 6. Bid Assistance. This task consists of assisting the Client in advertising for and receiving bids or quotes, analyzing the bids or quotes received and preparing a recommendation to the Client for award of contract. Project will be bid as three separate bid packages. 7. Bid Document Interpretation. This task consists of answering bid document interpretation questions from bidders, preparing and issuing any required addenda. 8. Resident Review. This task consists of limited on-site construction review at key critical construction operations to observe construction operations to determine compliance with contract documents. Site reviews will be documented in a construction journal. Coordination with airport tenants related to this project will be the responsibility of the Client. 9. Project Administration. This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. O:\Administration\AGREE\PROFWLO FY20 IDOT CSVI.doc Page 75 of 126 2020 Commerical Service Vertical Infrastructure Waterloo Regional Airport Waterloo, Iowa IDOT Project No. 91200ALO200 / Contract No. 21613 Engineering Services Consultant Cost Summary I. Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 12 $88.60 $1,063.20 Project Professional 44 $62.50 $2,750.00 Staff Professional 44 $48.45 $2,131.80 Professional 0 $31.65 $0.00 CADD Operator II 40 $36.45 $1,458.00 CADD Operator I 0 $25.50 $0.00 Senior Technician 24 $38.40 $921.60 Technician 0 $28.90 $0.00 Project Support 12 $33.30 $399.60 176 II. Payroll Burden and Overhead Costs III. Direct Project Expenses 133.02% $8,724.20 $11,604.93 Category Units Rate/Unit Amount Mileage 400 0.580 232.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 1100 0.06 66.00 Color Copies 100 0.22 22.00 Plan Copier 200 0.50 100.00 EDM Equipment 0 12.50 0.00 GPS Equipment 0 25.00 0.00 Nuclear Density Guage 0 40.00 0.00 Miscellaneous, Other 100.00 $520.00 IV. AECOM Estimated Actual Costs $20,849.13 Rounded $20,850.00 V. Subcontract Expense $0.00 VI. Estimated Actual Costs $20,850.00 VII. Fixed Fee (15% of Items I & II) Rounded $3,050.00 VIII. Maximum Amount Payable $23,900.00 Page 76 of 126 2019 Commerical Service Vertical Infrastructure Waterloo Regional Airport Waterloo, Iowa IDOT Project No. 91190ALO200 / Contract No. 20601 Engineering Services Staff Hour Estimate Item Description No. Senior Prof Project Prof Staff Prof Prof CADD Operator II CADD Operator I Senior Technician Technician Project Support Totals 1 Data Collection & Review 4 8 12 2 Project Plans 8 32 40 80 3 Project Specifications 2 8 8 8 26 4 Estimate of Construction Cost 4 4 5 Quality Review 4 4 6 Bid Assistance 8 2 10 7 Bid Document Interpretation 8 8 8 Resident Review 24 24 9 Construction Administration 2 4 2 8 Total Engineering Services 12 44 44 0 40 0 24 0 12 176 Page 77 of 126 CITY OF WATERLOO Council Communication Resolution approving a Complaint Mowing and Snow Removal Fee Schedule, to be charged to property owners, to coincide with fees charged by contracted mowing, plus an administrative fee of $20 per transaction. City Council Meeting: 8/19/2019 Prepared: 8/14/2019 REVIEWERS: Department Finance in.ann.ce Clerk Office SUBJECT: Reviewer Action Date Wel. 'fner, Michelle Approved 8/1,1/20 Even. LcAnn Approved 8/1d/2 9 '5 AM 6 AM Resolution approving a Complaint Mowing and Snow Removal Fee Schedule, to be charged to property owners, to coincide with fees charged by contracted mowing, plus an administrative fee of $20 per transaction. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: Alternative: Background Information: Fees charged for complaint mowing and snow removal should absorb the cost charged to the city for the work. The City could absorb the increased costs (meaning they would be paid by all users who pay Sanitation fees). The contractor charges currently the following: Mowing: $95.75/hour $39.9/acre for lots over 5 acres $24.49/hour Snow Removal: $95.75/hour Page 78 of 126 CITY OF WATERLOO Council Communication Resolution approving Amendment N o . 2 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects, in conjunction with the Lincoln Park Renovation Project, in the amount of $12,920, and authorize the Mayor to execute said document. City Council Meeting: 8/19/2019 Prepared: 8/9/2019 REVIEWERS: Department Leisure ure o ev ..ces Clerk Office ATTACHMENTS: Description . mendm , ent SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer fluting, Paul Even, (.,,Ann. ........ ° er icy es i.. A coin Park Background Information: Action Approved Approved. Type Cover Date 8/9/2 5 A2 i 8/15/2.019.......0:08J\M Resolution approving Amendment No. 2 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects, in conjunction with the Lincoln Park Renovation Project, in the amount of $12,920, and authorize the Mayor to execute said document. Submitted By: Paul Huting, Leisure Services Director Approve Resolution approving Amendment #2 to the Lincoln Park Renovation Project Professional Services Agreement with Ritland+Kuiper Landscape Architects to provide revised landscape plans and electrical plans associated with additional items to be added to the renovation project. This amendment is to provide additional landscape and electrical design in order to add additional work items to the project scope. Additional items are possible due to original project base bid coming in below estimate. $12,920. GO bonds, along with grants from BHC GA, Schoitz Foundation, McElroy Trust, and Guernsey Foundation.. This project supports the City of Waterloo's Strategic Plan, Strategy 1.7 : Seek ways to create a "live, learn, work and play" environment with amenities that attract and retain population in Waterloo, and Strategy 4.5: Maintain and develop community services and facilities that support quality of place. Since the bids for the Lincoln Park Renovations project came in below estimate we are adding in additional items that were removed previously. Ritland Kuiper and Modus will have additional design work to perform in order to create the additional plans required to add additional brick/landscape work on the Franklin Street comers and to add additional electrical and Page 79 of 126 plumbing improvements. Page 80 of 126 AMENDMENT #2 TO AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT In accordance with the agreement dated August 29, 2017, between the following parties: CLIENT: City of Waterloo Leisure Services Commission, 1101 Campbell Avenue, Waterloo, IA 50701 LANDSCAPE ARCHITECT: RITLAND+KUIPER Landscape Architects (RKLA) for the following PROJECT: LINCOLN PARK RENOVATION We are requesting reimbursement for the following additional services: Additional Construction Related Services You requested our services for additional design and construction related services to assist you in the renovation of Lincoln Park in downtown Waterloo. We are requesting reimbursement for the following additional services as per the terms of our existing contract: 1. Revised landscape plans for the addition of brick paving at Franklin -Park intersection and Franklin -4th Street intersection, as well as adding new sidewalk along Franklin Street. 2. Revised electrical plans for the following design changes (beyond original scope of services): a. Routing plans for directional boring. Original fee was based on trenching which was original cost estimate from Black Hawk Electric b. Existing CATV boxes in sidewalk along Mulberry St. These were identified during the design and weren't part of original scope of work. c. Fiber/camera handholes and conduits. This was requested from the City during design and wasn't included in the original scope of work. d. Alternate bid for two electrical cabinets along Mulberry St. This was a request from the City during the design and wasn't included in the scope of work. e. Evaluation of whether existing street lighting was adequate for illumination of proposed signage or if new fixtures needed to be added to the existing street light pole. This request for additional services is for the time spent investigating lighting options and field light testing. f. MidAmerican/City negotiations for the transformer location and secondary conduit/wiring. Redesign during the bidding and issuing in addendum. Quick -connect power boxes for cabinet #3. This wasn't included in the original design but made sense to include from a safety standpoint. h. Post bid addition of cameras, fiber, and conduit. i. Post bid addition of water lines and yard hydrants. 3. Meetings and coordination of additional services. g. Based upon the above scope of work, RITLAND+KUIPER Landscape Architects (and their sub - consultant, MODUS Engineering) is requesting fees for additional services, in accordance with the conditions outlined in our contract, for a sum of $12,920. Page 81 of 126 SUBMITTED BY: AGREED TO: LANDSCAPE ARCHITECT CLIENT: City of Waterloo Mark Kuiper, ASLALEED AP, Principal Signature Dated: August 8, 2019 License/Certificate No. IOWA 00413 Title Renewal Date: June 30, 2021 Dated Page 82 of 126 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on April 16, 2019, in an amount not to exceed $6,800, in conjunction with the Upton Avenue Detention Basin Design, and authorize the Mayor to execute said document. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie AP Prov d. 8/13/ 1 ( 3 :.. P Clerk : Of cc tm",ven, IdeArm Approved. 8/1317 4:01 PM: ATTACHMENTS: Description Type 1 lipton Ave IF. t 13 asin 1.) 'sign Cover M . SUBJECT: Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on April 16, 2019, in an amount not to exceed $6,800, in conjunction with the Upton Avenue Detention Basin Design, and authorize the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer S ource of Funds : Storm Water Fee Background Information: Additional cost due to change in design suggested by homeowners. Page 83 of 126 SUPPLEMENTAL AGREEMENT NO. 1 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of April 16, 2019, for Consultant to provide services to the Client for the Upton Stormwater Detention Project, as follows: Scope of Services The "hybrid" alternative design, which includes two on-site stormwater detention ponds, was chosen to be carried forward into detailed design by the Client and includes re-routing of stormwater runoff from the Upton Avenue watershed to the Greenhill Road drainage system via an underground pipe. The additional work includes: 1. Review of the existing Greenhill Road storm sewer line at the location of the proposed connection to the ultimate outfall. Determine the existing drainage areas contributing runoff to the storm sewer. 2. Analyze the Greenhill Road storm sewer capacity, which is assumed to be a 10 -year event, relative to the amount of stormwater being re-routed from Upton Avenue during the design rainfall event (100 -year). Upton detention release rate will be added to the Greenhill Road storm sewer to check the effect on capacity at the assumed 10 - year event and one other event to be determined during the analysis. The analysis will be performed using available storm sewer utility information provided by the Client, as well as with the HydroCAD model developed by Consultant for the "hybrid" alternative design. Once complete, the analysis will show whether additional flows into the Greenhill Road storm sewer system significantly increase the risk of flooding in and around the areas that drain to it, or if the proposed design is able to adequately convey stormwater runoff into and through the Greenhill Road storm sewer. Add results to Upton Study Addendum. 3. Conference call to review results. Time of Beginning and Completion August 12, 2019 to December 31, 2019 Fees and Payments $ 6,800 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated April 16, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. STANLEY CONSULTANTS, INC. CITY OF WATERLOO Bv: Date: August 13, 2019 Attest: By: 28760.02.00 Upton Stormwater Detention Project SC3881 1014 By: Date: Attest: By: Page 84 of 126 CITY OF WATERLOO Council Communication Resolution authorizing assignment of rebates to ARC F EW T LIA001, LLC, in conjunction with a Development Agreement with M & R Iowa, LLC, originally approved on March 4, 2013, for the property located at 2320 W. Airline Highway, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 8/19/2019 Prepared: 8/14/2019 REVIEWERS: Department P la.nning &. c. nlng Clerk Office Reviewer Schroeder, Ari �f�vemrm y::: cA n Action Approved proved .Approved. ATTACHMENTS: Description Type Assignment a . dl Cc.v r SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Date 8/1,1rJ 1Q.. A. M 8/14/201( 3 AM Resolution authorizing assignment of rebates to ARC FEWTLIA001, LLC, in conjunction with a Development Agreement with M & R Iowa, LLC, originally approved on March 4, 2013, for the property located at 2320 W. Airline Highway, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Resolution approving assignment of rebates As part of that agreement, the developer was given tax rebates for the added value of the project. The property was sold in 2013. and this agreement will allow the new owner to receive the tax rebates. No change from original agreement, just different owner Rebates from TIF funds Adopt a resolution authorizing the Assignment of Rebates document for 2320 W. Airline Hwy. N/A Page 85 of 126 ASSIGN NT OF RE ATES The Adersigned ("Assignor") is party to a development agreement (the "Agreement") with the City of Waterloo, Iowa, concerning the .following real property (the "Property"): Address/Parcel #: 2320 W. Airline Hwy:- Parcel #1913 04 451016: Subject to the terms of the Agreement, Assignor is entitled to property tax. rebates in respect of the Property in an amount determined as set forth ih the Agreement. Assignor has sold the 'Property to the Transferee indicated. below. In consideration of Transferee's purchase of the Property, Assignor does hereby assign to Transferee all of Assignor's right, title and interest in. and to any and .1 rebates payable in respect of the .Property pursuant to the Agreement, effective as to any rebate payable .for property taxes that become due and owing after the .following date: tember 291 OW A LL [Assignor seller name — printed] By: Title: Dated: ARC FEWIlLIA09J? LLC [Transferee/buyer name — pr tted] By: VEREIT Operating Partnership, L.P., it sole mi:'tkiber Ke lth ym tory By: Title: Authorized S Dated: Au. ust 20.19 • Page 86 of 126 CITY OF WATERLOO Council Communication Resolution awarding bid to F ailor Hurley Construction of Waterloo, Iowa, in the amount of $156,580, and approving the contract, bonds, and certificate of insurance, in conjunction with the Waterloo Public Library Exterior Stair Renovation Project, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Reviewer Action Date iB ull.1 ing ][ epa.1° Lilt A..h.lhel. , Greg A pm"ovec 8/13/1( 1 Q 4:44 .i Clerk O ffce Even, I eA.n.n. . p �i ovcd. 8/1.3/201..9 „ 3:44 P M P SUBJECT: Submitted by: Resolution awarding bid to F ailor Hurley Construction of Waterloo, Iowa, in the amount of $156,580, and approving the contract, bonds, and certificate of insurance, in conjunction with the Waterloo Public Library Exterior Stair Renovation Project, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Page 87 of 126 CITY OF WATERLOO Council Communication An Ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue. City Council Meeting: 8/19/2019 Prepared: 7/24/2019 REVIEWERS: Department P lanning & nlng Clerk Office ATTACHMENTS: Description Staff ` 1 epo_rt CI Overview Map o Aerial M ap Application ▪ P is tures SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aeric Even, 1::: cA n Action .Approved Approved. Type w 13acCur • fieri .. 13ac u t ,irii . ack.up ..afen. 1. i a�.hip ..ater i.al i ckup ateria Date 7/31 /',( 1 .35 AM 7/31 /2,019 ,,,,,, :05 A M Motion to receive, file, consider and pass for the third time and adopt an ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue. Resolution authorizing sale and conveyance of a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue, to Reg Drew Investments, LLC, in the amount of $1.00, and authorize the Mayor to execute said documents. Resolution approving a Development Agreement with Reg Drew Investments, LLC, for the property located at 139 Clark Street, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval with the retention of a utility easement over, under and upon the portion of Fairview Avenue located south of Clark Street. Transmitted is a request by Reg Drew Investments LLC to vacate, sell and convey a portion of Fairview Avenue and Alleys in Campbell's Addition in the amount of $1.00, along with a Development Agreement, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue. Page 88 of 126 Summary Statement: This was initially requested in 2017, and it was recommended for approval by the Planning and Zoning Commission on June 6, 2017. However that request was tied to a Special Permit request for a salvage yard, which was subsequently denied by the Board of Adjustment, and the vacate request was never sent to the City Council. The applicant is now moving forward with plans to construct mini -storage units on the property, and would like to proceed with the vacate. At their July 2, 2019 meeting the Planning and Zoning Commission again recommended approval of the vacate request. There are no known utilities in the areas to be vacated, but there is plans for storm water drainage improvements in the portion of Fairview Avenue south of Clark Street, therefore an easement will need to be maintained over that portion of the vacate area. The portion of the alley adjacent to Huff Rentals at 118 Clark St will be vacated but not conveyed at this time, as an agreement for acquisition is worked out with that adjoining property owner. Expenditure Required: None S ource of Funds : N/A Policy Issue: Right -of -Way Description — Fairview Avenue and Alleys vac ate : Legal Descriptions: The Fifteen foot (15') north -south alley as platted in Campbell's Addition lying adjacent to Lots 8, 9 and 10 of said Addition; the Fifteen foot (15') north -south alley as platted in Campbell's Addition lying adjacent to Lots 11 thru 21 of said Addition; the Fifteen foot (15') east -west alley as platted in Campbell's Addition lying adjacent to Lots 20 thru 26 of said Addition; the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Northerly of an Easterly extension of the South line of Lot 10 of said Addition; and the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Southerly of an Easterly extension of the North line of Lot 11 of said Addition, all in the City of Waterloo, Black Hawk County, Iowa, subject to the retention of a utility easement over, under and upon the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Southerly of an Easterly extension of the North line of Lot 11 of said Addition. Page 89 of 126 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT July 2, 2019 Request by Reg Drew Investments, LLC to vacate a portion of Fairview Avenue, and the alleys located in Campbell's Addition, located adjacent to 139 Clark Street Reg Drew Investments LLC 139 Clark Street Waterloo Iowa 50703 The applicant is requesting to vacate a portion of Fairview Avenue and the alleys located in the Campbell's Addition located adjacent to 139 Clark Street. The request to vacate the alleys and Fairview Avenue would not have a negative impact on the surrounding neighborhood as they have never been used, would dead end at the Canadian National Railroad tracks to the south and private property to the north, and is in an industrial area made up largely of salvage yards and storage. The request to vacate the alleyways would not appear to have a negative impact on vehicular or pedestrian traffic conditions. There are no sidewalks in the area. There are no recreational trails in the area of the request and there are no current plans for sidewalks or trails in the area. The site has been zoned "M-1" Industrial District since the adoption of the Zoning Ordinance in 1969. North — Salvage Yards zoned "M-1" Light Industrial District. South — Vacant Land, Canadian National Railroad and Broadway Street zoned "M-1" Light Industrial District. East — Industrial Development zoned "M-2" Heavy Industrial District. West — Industrial Development, Vacant Land and Canadian National Railroad zoned "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate of the alleys would not appear to have a negative impact on drainage. Storm water improvements are planned within Fairview Avenue and Clark Street which would improve drainage conditions in the area. An easement for drainage and utilities would need to be retained over vacated Fairview Avenue. The area to be vacated is principally industrial with structures Vacate- Fairview and alleys of Campbell's Addition located adjacent to 139 Clark Street Pgegiebb of 126 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: STAFF July 2, 2019 built between 1903 to present with a majority built between 1960's to present. This area is located in Zone X: Protected by levee as indicated by the Flood Insurance Rate Map No. 1900025 0188F George Washington Carver Middle School is located approximately 1/4 mile to the Northeast. There are no known utilities located along in the alleys proposed to be vacated but there are overhead utilities located along the Fairview Avenue. A utility and drainage easement will need to be retained along the entire portion and width of Fairview Avenue to access those utilities and future storm water improvements. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The request to vacate Fairview Avenue and the two alley ways would not appear to negatively affect the area or traffic conditions. Clark Street is currently a dead end and Fairview Avenue has never been completed. The area is currently industrial made up mostly of salvage yards and storage uses. On August 4, 2009 Pauline Company made a similar request but also requested the vacation of Clark Street. At that time the Planning Programming and Zoning Commission approved the request to vacate the alleys but denied the request to vacate Clark Street and Fairview. This vacate request originally came before the commission on June 6, 2017. At that time the Planning, Programming and Zoning Commission voted to recommend approval of the vacate request. However, that request was tied to a Special Permit request for a salvage yard by the applicant which was subsequently denied by the Board of Adjustment on January 23, 2018. The vacate request was never sent to city council as the applicant decided what his next steps would be. The applicant has decided to proceed with the vacate request although he does not intend to use the property for a salvage yard. There would be no platting required in relation to the request. Vacate- Fairview and alleys of Campbell's Addition located adjacent to 139 Clark Street 1119gdeg2eoV1 of 126 July 2, 2019 RECOMMENDATION: Therefore, staff recommends the request to vacate Fairview Avenue, and the alleys of Campbell's Addition comprising of approximately 33494 sf be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area, and would help prompt infill development. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. Subject to: 1. Retention of easement for drainage and utilities would need to be retained over vacated Fairview Avenue south of Clark Avenue. Vacate- Fairview and alleys of Campbell's Addition located adjacent to 139 Clark Street IP9geg3eV2 of 126 City of Waterloo Planning, Programming and Zoning Commission June 6, 2017 JOSEPHINE T. C-1 GZ. C-1,GZ DA DI/CD CT R 1 RP. �..Ns ..R-1,..................R......"............. 1RP "Fri "'"i":"'":"--i"---i"---i"'"'""i"'"'""i"'"'"] -1... i i I- "1"---1---1 i" ---i 1---1"--1--1 _ _......,..... m.,_ u. R-2.TC=.1.... 1 1----1----1----1 "1"--"i"--"T"-"T"--T-1"--1 . I "'\111.1111.- 'i [Fri' 1"1"""""1""""""U"" 1.."1" 1" .."1" Cedar River 1,000 500 0 1,000 Feet 1,16A6 139 Clark Street Vacate Request Reg Drew Investments, LLC Page 93 of 126 City of Waterloo Planning, Programming and Zoning Commission July 9, 2019 f�/� � u ��V�n V V III IIIIIIIIIIIIII IVII u N JI„ I I � I A / I( I i 11111Vm II uuuuuu III ml�l RIVuUum VVVVVuP uu u II WV M IIII II 1 �111 IIIII IIII�IllllllllNNlIIIINNNIIImll�llllll 111111111N11111I �r RII, I 1 wr � II // / I I I IIIIIIII 1 / IIIR rlIll1 I I M III III I I m / � / iiiilulllVlgll u / uau IIIIIIIII I /, r / I m / u1 / s Ir / r / III r u I � d / I r IIIIIII ( l II ll ill I 1 IIII III II luau 111 Iu 1 I / ulllll IIII ° r I 1 �1 A �l ,r 11111111 N �W uuuVI1 IIIII I Iuu1° I�' �IuuuIW 11 � Nli 11,, ),ll m�00f '2/,;,/,(;///;///7//,;,/, WW4i-i'///'//�/�/%// ;,,,„,, % / �r t ir/ r/ /IW1MpIIINIWIIIIIINIIIIIIIIII�I�NIIIIIIIIIIIN�hll n "jrm��,11W000W.IIWIIII„,IIIINIIIIIIIIIIIIIIIINIIII IIIIIII 1 1 I �I II I�uI kl� /�// I a/refr%irw ,IIIIIIIIIIIIII 11111 IIII V11, IVI VI 1u I II "T I uu1W I I I 11; 1u1111111111 I 1u I N mulutl6uuVl 11 ' N M I II a u�,uuuuu,Wuuuuuuuuuuuuuuuuuuuuuuuuuuluuuul mIIIIIIWuu IVu, IIV pp " IIu IIIIIIII IIIII uu„WIIIIIIIIIIIIIIIIIIIIu„IIMNNm°IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,IIIIIIIIM'N,IIIIIuIIIIIIIIIiV1111IIIIIIIIIIIIIII llllll II 11111111111V1 1 11I1 IIII 1jj11111 uuuu I 11 1 ullllllllllllllllllllllV,1 Vm m111 1 �111VIIiV1 ,� /I IVI uum 1 IIIVV uuuuu III N ��Wm,mIm1W1WA II a llllll ii,1✓i� 1 110 u� 111 pV�Vllll iiM6V1III11uuumiiiiNM�Mau ° """"IIIIIIIIIIIII lI 1lbpplplN11111 Illllululll°IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIN111111Np' N ,INII ,IW III I IIII III p1111 �I d11111111,1 llpu 1, Vm UU1111Vuu111uu uu1111111111111111111111111 IIIIIIIIIIIIIIIIIIII II1111111 III V191 uu11111u II ,III IIIIIIII°NIIIIIII 11 u1 my1V11 11 1 II 1,1 011 ,lU!IIII!!111111111111111111111W1.. IIII III IIII 01 11 m IIIIIIIIIIIIIIIII V 11 1 I U , �I ° uuuuuuu I 1 1 VlllllllllllllllllllllllllllVuuu 01 1 u 1 nIl II� I V III 1u UIY uuuuuuuuuuul Vm uuuuu ,IIIIIIIIIIIIIIIII 1 m umuolumuu� uuuuuum umNm V yI m I 1 / II�MM uuumum,uul,luu,lluuuuuo UIVIIN uulll 00,1101 m luml'III�R�I I IIII Iuuuluu ii0°IuVV,u u uuVlVuuiiil I WI II I 1 I u IIIIIIWIIIINIIV,NMI,�IIVVI uVlnnnnl I ��lY I 111IIIII ll um IIIIIN1N �WWIW IIII U,,,IIIIIIUMVuuuuul uuum NIIIIIIIIIIIIIIIIIIIIIVII °1Vuuuuuuuuuuu� 11�1 uuuuuuuuuuuuuuuum uuumuuuuuuuuuuuuuuuuuuuuull 1'WUmllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll III uuum 1 111 IIIIu uuuuuuuuul�uuu uuuuuuuuu u uulllll IlVlull uuuuuuuuuuuuuuuum�uu III um W Illl�llluulllllll 0°°°° °°°°° m uuuuuuuulllllll IIIIIIIIIIII I� uuuuuuuuubMuuuuuuuul@INWN u11 lmlllll mu 111111111111111111111111111111 II 11 101Il, a uullmuum Mm111 I 111 11 uuum6uuuuuuuuuuuu111111 IIIIIVVIII Ij11 dl m11IIWmI ^um1111111111111 II I muulllllpuu,uuuuuu 11111111111111111111 II uuuuuuuuuu I // r N I / 1 / / 11,11,11111111111111111111111111111111111111111111111111111111111111111 1 IIIlulylllll , 00 I I. uru„ uu 0 / 11 uI11011IN 00 UII1111111111111111111111111111111111111111111111111111 III II ,IIIIIIIIIIIIIIIII IIII Im II III, I """ ""'�"" IIIIIIIIV IIIIIIIIVuuuuuuuuuuuuuuuuuuuu 11 uu V r �I V1uV11uuuuuuuul III ,,,Ib�IWInIIWNINuuuuh 11 uuuuuuuuuuuuuuuuuuuuull um uuuu °1 111111111IIIIIIIIIIIIW �,NNNNNNNNNNNNMNNNNNNM� ' 11 1 uuuuuuuuuuuuuuuuu 1 u1 VVVVVVm0mllllllllllu 1uu1 W IIIIIIIIIIIIIIIIIII IIII,IIIIIIIIIIIIII,II I IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII 1 IIII IIIIIIIIII III IIIIIIIIII ,IIIIIIIIIIIIII Illplll III IW1 � uu000u,,,l luu,,,,l,lll11111111iii',';',100y00v01 ° 1 IIIIIIIIIIIIII°IIII Illll ull11111l1111111 II III Ill I ,IIIII III uuuu,,,,Illllllllllllllllllllllu111111util 11 11111 1111 11111111iiiiiiluuuul IIII 11 , 9 �111111111111111111111111111Vu1 WN ullllllllllllllllllllllllllllillllllll � "IIIy IIIII till 1Vl 1 p 11111 1111111111111110 I�R11W'WIIIdN uuu,llo 111iu1�11� V I�VINI� 1 u 1Wm W'WIN'W 11WINW IIIIIII .IIII „„„„„„�„,IIIIIIIIIIIIII llllll uu � 111Vu,,,,,1,,,pu Vui IIVIIIVI 1 quu111111 Vu uuuuu V, II 1 um 1lmlllm 111I IIIII IIIIIIII IIIIIIIIIIIII Illlliiliill ,IIIIIIIIIIIIII II IIIm11111N1Y111111 n111111111111111111111 IIIII,IIIIIIIIIIIIIIIIIIII,11111111111111 IIIIIIIIINNINNII�� / u 111 I IIu I �/�� muul�uuuuuulloi dIbIIIuIIII�u�u11VM1MlllllMM�1M1Ml1Ml�'MIMIM'M'M'M r P0411.10. uilmuuuullm 11ii1� luu IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIII 1 u " u u u u r � r I I 11111m1II,,,,uc0100011,00111111 lUum,,,,11,,ti,,,u1°I1 ' IIIIu000ulllllllWl1l ' tlVm VIIIIIIWIIIIV 0000iiiiuuuuuuu ul, , IIIIIII , u 111111111111111111111111111111111111111111 I IIIM III ,IIIIIIIIIIIIII IIIIIII uuu uum I II VIIV1,u1i m ml u 1 111 uuu„IN111111111uu1111111N1, mlu lull II m 111Muuum°,IIIIIIIIIIIIII IIM11111111'll 1 lu ,III lull 1 1m� V� �I 11u mum I lu IIV VII, 1 IVu1VI1 01 VIIIII, IIIM IVI IIhIIW IIII 11 1111j1mmum uIIP I 1 ul IIIIIIIIIIIIIIMiNINMi111 V11 Led Iq1 mlllll 111u11uIIIIIIU111111j1 u1111m1 muu 111111j° 1 1111IIIII1I1III1III IIII1I1IIII IIIIIIII6IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 'W WV lIIIIll l Iu II1II1 ImpI IIIi I 1 IIIIIII ;'��li IIIII 104,444,P111111111111 91@u °,ii1u911 " IIIIIIUu luuuuuuW�m11WIWNuuN01 11,11 dV11 luulm IW uuu uuuu ,IIIIIIIIIIIIII IIIuuull to uuo1, uuuu I __ uuuuuuuuummm I I I „ I I I I 'Ik I I I l I l �l I l � I I I I I II II I I I I IIIIIIIIIIIIdIIIIIIIIIN11111111111111111111111161 „IIIWYWWWIIIuII 11 1 / WIW/ Ili V 1 uuuuuu,uuuuuuu/u/VuIuIiIuIIuIIIuIIuIII II/IlImVIlu,l umlul u u/) -/// Iiu/lul/ u1/6u�1/uIIIbMI1l Id IuI 1 nl1M'�1)NuMuu1NuuY�°°°V 'NIMIMIMIMiIMIIMIMIM �11,I1I11I,II1 W1auI ,1 INI, IIIlmI I III I II II uIII m uIIW U II u II IIl II III 1I u� uIlIIuII III IIm I I I //�, 191'Iuuy111 IIIIIII u1UV111�/ 1 u11111 III UII1I II 111111111111111111, NWI � D1 INf 4/40,1"1 I N N I mq i 1 , , I , , , m u , u N u N u uu u N u mI I u I „I u I I I � Iu m u I 1 ,I p 1II 1,I u1I 111011111i..11, N I I,I u N VI II u 1VI 11 I Mu 1u II II II II OI mI N u II� �� u �� l I V I � I 1 1 'I 411.1 V1 11111111 N N tlWWW�1,1,I III III IIuum uI lll^ll I 1 1 , u 1 l l m,m u lI 1 1 I 1 I�r a(r, V ° m I 1I I I 1 I u1 II I uI I uI lP u I ul IW l Il I l I u1lI I� lI I W 1u1VI I I I I I I ,I mII m"I11nm11, II II 1I I 1II 1II I1II uI N I IIW I I II I� N 1 1I II 1I. I u I, � III1111111111,111111111111111Ia 1 1 ' I I V I� u 1fl 1 1 W1 N1 1 1 �W II d I I x / "f m W � �l % I U I I 1 I "u II „% I V I m / hm �uI uI /�IIll�I w1111Iu1111 1I111uI I11iM0Ip l l m U r u I I P )000, W � � � e> % � d � I III I 1 ,u %4 1 1 1 I %uI I mVu dVuIuII IIuI IuI IuI NIu 1um ,�n III I1I1 IIIN1/mI/IIV I / l/ I I I %V ' m I I u� 11 m 1 i lui/uuluiIlliMlmNlmlu 1 ll y l m RIl � u I m 11 1V IIu� u°� u W u Iu I� I h I I u J a r, Ip'm I�N � r 1 M ¢ , . 1„IIIIIIIIIN'IIIIIIIIIIIIIII�1IIIIII 111V1u11V I°IuIu IIIYIIIIuilIlIlIIIIIIIIII�IIIIIIIIIuIuIIuIIuIullllUl�ll 1 IIIIIIIII1111111101111111111111 V1u%1II II VVVIlllll1111111luugl d1IIIIIIp1 IIIIII,lIlIuIIIN1"1111111 1 1Wi 10,,u 1Vm IIIIIIIIIIII IIIIIIIIIl„I 1llIIIII'iuuuuuuuuuuuuuummV ,IIVVIIIII� VIlu ui - m m 1 N V MM1 1 � I I M IN ' MI l M ll u u u u u l l l l l ll lfllIl l l 1 1 1 1 1 1 1 1 1 1 1 1 1 1I I I I I I I II I I I I I I I I I I WI I I II II II II 111111100000011 uullj0IU 111 lu mlll11yu 1 1MNub 11111 1111111111 uu 111 I 1 ` I I1 1 I 1 I1 /I1 1 /I1 1u1 11 m l1 11 l l, l1 n V1 1 I1 II1 V1 1 °1 I 01 � r1 11111I u u1 u 1 111 1 I11u 'u uu�uu PouV uu uu y�II III I I u u I uu uu u u u u u u u u u u u u u u u 1 1 1u 1 1u 1 1u 1 1u1 1u 1 1u 1 1 1 1 1 1 1 1 II I I I I , I I I III I m1 u ' ,nu u ,I u , u ,. u u I , Iu I , u� u u I u I dI u .0 I u "u I myI m � i l , ml �, n � m n m u i ; u I u, u' uu m um ti un mP1 u w u u iu u I I u � u, , u, , u, , I, , V, , I I INM, IImuu uuuuu1uuuuIuuuI„u,u,,,,,,,,,,,,uuuiuuuuuuuuuuuuulu1 llllll 11011011 1IIVIIIIIIIIIIIIIIIIIIIIIIIIIIVMIIIInm111111I1101111,111llllm1mroiMMlII,,,bI ll1,m1111 „1,I'mu1111 uuuuuuuuuuuuuuuuuuuuuuuuuIuuNIIIIIIIIIIIIIIIIIIIIII01I IIII I WmmNm11uo1u uuuuuuuuuu.11„1 1,I 1u�NluNlplllllllllllllllllllllllllllllllllllllllllllllllllll1u11NIIIIIIIIIIIMIdlllIlIl1 NM I R W 1W1 111 1 I u IP„ M ' I I II I bd 1" W �Iu 1 u lu lVlu 1 ulu l� Iulm N�l Uu hu IIIII11 Vil i° Iiu III6 IIN HIIII ,u,UUIIIIIII Iju11111 IIIIIIIIIIIIIIIIIII,1u I1u1u H 1 I4V1 IIu I 1 m1 1 1 I11 NI I I1 Il Il l I II 1I I1 I u1 I I u1 I 11 I m1 I 1 II1 I I 1I I1I I1I I I I1 IIll11 IIll1I I11I Ij I u ' l uI u1 II I 1I u V l I u I uII , u, I1V, I 1uI u, u Iuu Iluu1 I11uml I11u I I11u II I11uu Iu l Iu„uul Iuuu I u Iu,um I, u1 Iu I,W Iu , u u u u u1 YVu uI� u mu uu �u u uuu W4 umI I u lI Wu uu u l ul ll m�ul l 1 I IulV I Im,u I IuuI I IuuIII�II uI II uI III wI� „ I,uII IV I Iu I I � II �l1 W l l W l l l I RI EpI pV 1 1 II 1lI IulII9l' 1l 11l 1II1uumINHA1I wuuuulamV11 1I IIm IIIIdllllllll 11 muNulu,1um�l1111UINIIMI�;l;uu1u11uu11uu�uummpu�u�u1111 1V1i1911111111I111uuuuuuuuglllllIllllIuIIuNIuouiiuiiullulUu1l1llllll� 111,11111111111uuuu111IIIIIIIII�III uNI uIIl Iull'ilIINNNNNNNNIINI IIININNpN1uulum1 uuuuuuuuuuumWII1INIA'11II111111 uu11111I lMa1)uu1u1°°HuwuuuuuuuuuuuuuuuuuuuuuuuullllllllllllllllNmI ull"IIIIIlIlIlmIlIlIlIIllIlIlIl°l°lIIIIIlIIIII11011i11 � IIuuu111nuuimdUVlllllllllll 1111 1111111 IIII, pV II y uI NIIW�� 1 II IIII 11 u u V u�I u I M u u 1 uu u u u u mi,Vu u11uuumuuuuu,,, Iiiiiiiiiil�lllalluuV11 uu,uVuu uuuu)llllll 1IV mpu11111 111l,u,uuuuuIIIIIuIIuIIIII ,IIIIIIIIIIIIIIIII IIIIIIIIIIIII llllllllllllllllm I I I , d � 1 I I nnnnl,m W11111111111 u IIII IIIVI um Vp uuuuuullllllll IIV m IIIIIIIIII 1'1�uullVll 1 uuI II II IIII I I fur IIIVI ll utlIIIIIUm �I 1 III IWuuuu1llul � 111 m 11 IIII I d II IIIII 111 1 111 I IIIIIIII�II�IIIII IIIII I 1uu1 y h m 1 uuuuuuu III 1luulm U 1 uuuuul 11111111111111 ul IIIII IIIVVII111111VIIIV,VV uull 1 N 11 1 ,IIIIIIIII IuUPIV ' 111 li 1 , i rf lu C I I III uuV1 d I ' IIIIu111 111111111uu1lllllllllllllllllllllllbuuul,111uuuufl 00 11 1 um idialtat,'f),,110(i' P IW j1Iu IIIWW111111111�11V1IWIIIV1iM �L VmIVV 11 m w i,' dgilPrfi)10‘441,i.1 00iii;!,0,1)\,i it11 „.000,IIIIIIIIIIIIIIIVUIIV11111111111111111111uiII,,,,U I ! , ' I (uuuuuuuuuu %°IIII II Iln 1 j 1 uuuuuuuuuu 0000„1 mIIIUNI�I�lllllll au °IVI d I1 m1 IIII 1 1111111 II 1111 111 l I I I I I u 1111111111 1111'm, I pul,llli lV 11111111111111 In NIII 1111 u u I I u muu1u,u IlN ,lIlIlI°I�11;�VII,IIV1II,IIVI IN'M'MW �V WV , V WM1 ' � N 1 N 1 1 1u u Wu 1 um u Ii 1luu 1 Wiw u o u uIl ul luM u u�l V I I I VVV1V 1VVII1 I IW I1 I 1 1 1111IWI�11,111111111IIIIIIIIIIIIII�WIIIIIm� uyV,V,V,V,V,V,V,Vumm 1IIuuII,IIIIIIIIIIIII 1IIIIIIIIIIII1191WII 1111111111111111111111111111111111111 11 W u I n1 I U I U; V " � I , I I, U, Im I I Iu I, I , u , „ u V u u Wu u N u N Wu Iu m r m l N d y V ' % � /I U , I 1 I 1 1 1 1 111 1 1 V1 1 1 ,1 1 1 1 1 � � 1 un „ , l, u 1 1 I uI I uu u 1 u 1 uum 1 m 1 1 1 u V II I NII WW"I 1 U 1 I I I I I q I Y ry u u m 1 1 1 1 1 1, N lI 1I II 1m W 1 1 1 111111111111111111111111 1 1 " 1 1 1'b m u I u0 U l l1 ,,1 ,I I I I 1 V (1 I I I I I Iid Ii I„ I I I I1 I I II I ,I I I II I I Il l Il y Il I1l IIl 1 IhI j I IUpllllllllllouuuuuuuuuuuu,I IIII 111111111111111111@IIVIlII1u1„, " WII� �IIIuuu IIIlllIIIlmIIb1 I m� l l ll ll I' 1) l IN I II"INI rI,I1 I11 j1 � Q � Vacate - Not Convey y Area to be Vacated IuR1 uI lI V mu I illlnG I �I'I.,pIIII VIuuu Iuulu uIulIl II III I1 II I 0,1 1u,llNluuII' 11p uuu11111,u11°° III 111110, III I II 1, 000,111,000,00.1.1011 IV1III1uu,uuuMMuuuluu11I11„ uu 'lllllIIIl I 11 1 1 m b u I u um , u u1 u u m u u uu u u 1u u u u uI l '�u ° mu m U m U Uu U u 1 1 u 1 1 ' � u u „ I I 1 , I I U 'm m o w N � n l lII I W I mn , I M1 I 1 , � I I�1 , u 1 1 ul „u mm „ � u I I 111111111111111111111011111101111,1 mUl IIulmlWN IuuIllVlI II mu1 11111111m'11U� dm1u hi I u I i ° dI I uI V u m u I l mu Il uuu W uuu pp uu u1 uu u uu u, uu u uu u uu u uu uu u 1 l u i V u u m � M. . N M M M N N N M M M V Y 1 MW 1 11 1 � u u l IIIIMuuuuuwuMuuuluuuuuuuulM OW9uuVVuI,V1Iluuuuuuuuuuuuuuuuuuuuluuullli1 II,l1 0111 1 1 11111111111111111111111 .1,111„u1,1 M I I W I I 1 " 1 I I u V I o U 1 1 1 m1 1 u l m uN „m 11 1 1 1 1 1 N 1 1I i , uV , � u° �° 1 I � M W 1V 1 1 u 1a u 1 1 I 1u 1 1 Il I I Iu I 1u I InlI 1I uI I I 1 p I I Il I u1 1 m � u II III IM II I I II 1 I l 11u1 1 V m I 1 I p 1 1 I I 11 I 1I V I1 IN 1I 1 1 1 1 I I u V u 1 l u u m u l 1 ul m l u � I wI I I l1V ( II W I I N l I I I u IuI u u I u I u Wu u 1 uu p 1 I I I Im I I I p1 1 1I I I 1 I u V � I I � 1 I ^m 1 l l u Il 1 m uI 1 I ul I I M W I Iu u I l uu Iu I lm u u m u "u u "u u Iuu u im u i ih u i i u i i u i i u i iu i l M V u l lu i, iI iI iI iI iI I iI iI iI iI iI iI ,1 111111 IIIII III 1 1 100 muuiW1WumI0u1111?'luIuIIWIII mluypNlhuuiluu11 II0„Ill,111 11 uuumuuuuuuuul1W1111111 IIIIIINIII1I1muR uuV �61 aalIIII°NW 111111,111 1V11 111111Il1l111NII I1I 1111111111 1IIIIVIIVUUVV111111111111 111�u111 1 II I1 ,01 IIIIIIIIIIIIII ullllllllllllllllllllllllllllllllN' iI, IIi,ul,IgIIVI uI I d I �I� I I I NI I �1 mIu I IV IV IIl nu ll l1 l V u 1 Il tI 1 1lu Ik 1 u u u qI 1 lu1 I II Ii II '' ''u '' 1 '' '' '�� u l 1I uV II 1 I 1 1 I � I 1 'I I 1 � 1 m 11 ,1 V �1 " 1 1 I I „ u uI u 1 , d ,I j l,1I 1a m 1 1 ,I uluI 1 I u 1 I I II Ip I aI1 u II II VqI I u , I I 1 II l 1I 1Ia 1 1PI1I I uIu I I I I'1 I I II u I I Yry y I uV u Iuq u1y Iunl I1 u 11 u1I uI II uII m uIII I1 I uI1I1'Iuu uIIIu1m' u'I u 1 I u Iu IIlu uImII IVlu1 1I pI1 1l l I N ' M V , u1 I °I ,I 1 uu,1 1m 1 N m l 1 I1 I IU1 I I I I1' 1 I I I m 1 I I 1 I Iu V1 u Vu4 V uIIu Is uu Iu 1 I 1 II I ,I IIu I1 Iu Iu I a I m I I Iu I II I 11 I I IN uI 1V uIi Il Im II1u I1Vi 1Iu1i 1 I1 u111 II1 1 II 1W II� 1IIIu�1 II�1 I 1WmIa�I1 � 1 u1I 1 II1II1I 1m .1u1� 1 11� 1.u1V1II h1� .uI W I1 1Vua1 1 I II 1 Iu1 V IN II 1N I 1 I1u1I III VIVI I uuI I u1I I„1I III 1I I I I I I III uWI1II uuI I II uNuI I I I uImI I I U lI ° I I I ,I IuI IIh II auuI II I ImI luI lII I II u I II I I u I u u ) I I I I I I I I I I I I �� u 0000 W� Jdum1 uVVI00,100i 10 I dalum01I uo,umIIWIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIVI IiIVIII Iall1lllI mu101,u1lu I IIIuIuIuIuIuuuuuI1IbIbi....01111111111110.01, MMV�IIIIVIIIIuuuVIIIIdllll III �I I 1 IV ,IIIIIIIIIIIIIIIII �I1Nu1l 1 11Wu,IIWImMI�,�uuumm N uu„IVluuo I I 111 um NI�N�I IVI 11111111 0111111111111110.0......110.1. I ul1 0 I1l1I III 1111111114� IIIIIII'NUNtl111111111111111111111111111111111 llm 1 1uullllll IIIINIIVNVIuuIIImI° II""1u1m1111111II UI 1111IIIIIIIIl1 lIluIlIlmIIIIaIIlVumIuVI', 1uuu,,IYpI1 NV1 11 uu,l111111WIIIIIIIIuIIIluuu,uua1 I � lIIIIWI W111NNNA' IIIIIm IIIIIIIIIIIIII ugly Iuu WIIII1u101u0u1u1111111111111111111,11111 IIuII ua W�Wnlllllllllll11W1II111�111111111,1I1IIIIIIIIIII IIIII IIIINIIIIIIIIIII II 101 11, I II II i° u l!W 1 m , I " Il. G l. ..h I I 'mau1 IuI VI I I 1I VaII II� II III 1 II 'I I N „ m 11 1 1V 11 V 1 m�1 l u,I I uV lI l.1m uu I1 u I I 1I 11 II 1II 1II 1uI V V, 1 I I I V , d1110 111,1111 II1111 111111 1I1II11 II�Vu1111uu 'NIV ,1Ip 111111,11,111, uIVVI111111°IuIIIIIIIII'm111111@V,Vr711 uuuuu ml1p llllll uuuuuuNu 11111I1u11,1111 u, ulllpuU 11�1IIU1u IVI d1I1111111111111111 11 uu111111INlluuu IIIIIIIN�1iiI�N11 j 1 uuPuuum IIIII Iu,,,IIIIWII�,1111111,11 uiV11 1 1 IR 1 1 u IIIIIIIII V 1 IIII ��1111111 IIN, lllllll IIIII �� 1111111IIlul1 f ll lii iiilllllllll YI01II0,1,, Wlmll Iiil 1 11NIII ,IIIIIIIIII, puIIIIII11111p11iVIiIIIllliiui11N1111111 111 ryum °°,IIIII"111 ouullll „ MMMMMW IVI 101UpV 111I � I mum 11111111111111111111111111111111111II mural11001 1uugl muI11111pu 11111,1111IIINIIIW uuuu uuuuuuuum 1 uuuVlVl / N& 111m I / II II IIIIIWN1, a 10 IM I 11 Vm1p I 111 uuu11 IIIIIII1111111111111 JJ uullllll uuuuuulpp I 19111111111111111111111111I1,u,0V111111o1111ui1MN1 Ira 1 II I IIIIUm 1 1 ' I1yW� "'111m9111�1d111 l m1 ��II11„. 0111 , I ,,,11 lu d 1, Ill' UI III 1 1, IIIVV11ilm1ll uu tll 111111111 I I I I 1 1 1110 uu,,,,,,,,,VVVVVVVVVVVVVVVV) IIIN I1IV ml llllll P IIU u 11111111 m II IIII II I NIMII W 1� III I 111111� N I III 111 p1 m l�l I I uuuuuuum 1 1 uuuuuu u 011111,IIIIIuIuuuWIIIIIIIII,ll,mlll IIuu1 I 1 111 uu 'IIIII I III uduul,Vu PII1I111 I1 m11111 1 IIIVI 1 1 11 111111111,1 j 1111 11 11 11 1 uu uml, IIIIIIII IIIVI Vou 1 1 1 u uuiluuuuu 11 11i1 m 1 1111111 I11111111111 tl 1 uuI ,IVm II III I I I I I Iu pull II 1 lllllllllllllllllllluum 1 19 IIIIIIII ullll I 1 11 uuNuullumill, IIIIIIIIIIIIII I I II „li II111111 I 11 V 1 IIII all uuuuud0°°°u1u1I all, 11111,1111 IIW' ,Imuuu,,,uuuuuuWl�uu Im I II N I '� I II uuuuulllllllllll 1 m n 1 , I II 1 u 1 ' IV 1 uVllllllllll lll10�11111111111111 IIIIIII WNIIIIII 1�u1 u mV1 ul I ,III 11 alma ' uu G I ' h1 1 1 61 o I 1 I Nlul IIIP 11 1 1 I `" III 1 plVl 4 I um III ,IIIIIIIIIIIIIIIIIIIIIIIIII p V0.1111111111111uull uIIIIIIIIIIblllhuuuu,u IIIII UNWUIIIIII I , „Iuu Ii ul � NNE �111 lul u1 uu uuuuulMNN dlllllllllllllllll uuuu 1 1 1 � �lu1 Nam „1�p IIIII uuu u 1 Im1 11 V V IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111 IIIIIIIII H'n Vi llllll W I V I@ INMNIIIMI IIII WNNNN N Illllllllmuuum WIIIIIIII N"111111111111111111 IV IIIII p IIII pp I I WI �INI � d uuuuuu uuu IIII' u 1 I , I NV1' I mV uuuu uuuuuu I V 11NU I uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum mIV1 IIIIVIII luuuuuuuuul uuuuuuuuuuuuuuuuuWuuumpm 11111u1 I uuuuuuu, V I (IIIIIIIIII mu 1 I Wuuuuu, VII u V N,11 1 V V I IVfl u1 lu u u I I u ml uulVuViM1M 11iu 11 V I I I uulmuuuuuiiiiNlM um q1 11ii111i11111 11111111 WIp uuuuu U91q lul) II u II uldllllllllll NI q uu1111 Vh uuuuuuu IIIII 1 1 u N IVI I u uu I „ I�I��,� Ib u o 11 �mmmN 'IIIII uuI „ l I 1 i N,IIIIIIIIIII 1011IIyyry,� M uuur I I ION, llllll �11 I V P'IFN N p IN IIII "' ,III III I mulm „IIIIMIIIIIIIIIIIIIII�I� IIIIIIIIIIIIIIIIIIIIIIII II IIIVI IIIIIIIIIIII11111Vuuum m um 1 1°III'' y i� j II.II�t�I�IYrUII1lIIWIy1IIu IIIIl IIII1II A IIIIwI I N WI1 I 'sV�lIII I1111I u®l 1� I 1 I I I„I IVIj uuIuuuuuW) IIIIIIII I II"II11111111, III AuuuIuuIuIIIaI �uu orIuV Y d lII�Idx'i�V mW$1, �I/1I/1Ii1I.^m1IP uIII/uII IIamIV IuI IImV II"&II I7I` III ^uI III I Iu II uIuIIuIIuIIuIIu uII1 Iu°1mI1IIuW1Iu1Iu1IIm 1II1II1III 1ImIIIIQ1Iu1 IIIIuImIIIIuII�VI1 I1uIu,MI1I,1 I1nI,µ1I IuuIlIlW IIlI1II ou nN oI IIVIu IIWI V ,uVIL �umWlUuuuum Iuulii ml,llllllllllllWIIIIIIIIIIIIIIIuuu,,N° °uuuum II111 Illl I uu,,,,,,,,,,,,,uIuuuuuuuIM1II11d1111111111 IuuVlIlmmII hIV11111111111II IIIIIIIIIIIIIIIIIIIIIIIIII 11wl 11111V1I1l 1N1 u�R1 yIIll IIIl Il1l 1I �11 I"I1IIIIII ' uuu11uuuum1ilImIIIIlIl ,IIIIIIVIlmluuuuuuuuuuu�uuuumuuuuuVu1IuIIuIImNiIIIIIIIII„llld�I�I�lllllllll la1uul Iu°1VuuuuinlllUu uI 1 m III IIIIIIIIIIIIIy ,Ium m uuu 1 uul,lll dVVi 11u11V1nnhuIIII III . IlluWlnuu'ln,ul'ln,uV'n,ul'1ln,1l'1lwN1l1l11l,l1l1u1l11ou1lu1lfu1ll �uuullIIII�IuIIIII I I I II �IuuulIum uuuWl ill, I 11 I1II 1;VlM1 lI 1111111. 71111l uIIIIIIl lIVII Il�NlP I1lI Vll u1I alI°Wl 110u1uqIu1111NIIuI11l W 1I 111111,„ 1 111'�1h11;lm 1 V ,111M 1 ,1pu,I 1IuM,1 hill II Ill1;I1111IIIIIII�11,ly uum i1°°INII 1 lIIlIlIIIIIIII Iliiiluiiiiluiiu�II1 1uI1I II111uu111111111, 1Iy11 IuI YYII �mwm) IIuIII 11 MI uuiiiiiiuuVluuuuuu1 uuuuuuulu0uu)auIuIluIl ,II duI IIIIIII II IVI uuuuuuuuuuuV11111111um ram ,III IIIII U 1 I V M1 „1,,, uum m u uuuuuuuuuuuuuuuuu1l 1111 II III1lliill IIIIIIIIIIIII IMIIIIIIVuum°uuuuu°° uuuu VIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII ll IIIIIIIIII IIIIIIIIIIIIIIIII '''IVII IIIIIIIIIIIIImum I III uu,Vumi1 IIIIIIIIII Imllllllllllllllllllll 11111111111111111111111111111111111,11111111111111„,IIII IIII 11111 m � I 111 1 u V W 1111Iu1°I )uuuu uuuuuum 1 Vuuul; VII Im1111111,i IVIIII IluuuVl VII VIIIIII111IIIIIIV11i °IIN N I III wu IIIl1 V o11 1.IV11 111 uuuuu I 1 uum „ V ul MI 11u1�1 � j J„„"plpm wq� I 'W4111�V"m,ml miWVVVm „llllll, m � N/�N III // �j'r IIIIIIIIIIII I IIIVu1VIIIIIIwIIIIIIIIIIIIIIV11111 11 mN uum p ti 11 m0.NIII //�/ ram IIIII 1 tl Ind r r� 1111Wuuul °Ill II / 1 IIIIlllllllllllh Nly I bh m uuWuuuuuuuuu ml d �111 IIIIIIm1111111111111 IIII IIImIN u u j11 I 11111111111 II 1111�11 'IIIII IIIIII iluIIII fIIIIIIIIIPuIuIIuIIuIImIN11I 1 °°V11111111 U,,,,,I Io 91111"u "uuuu'' Wu°m 1Wm VIIIII lllllllllllllll1111lllll111 1mWlllllllllIIIII IIIIW IIII'11111111111IIIIIIu VVVVmWNm 11111111111uu11N IIII 00000000,1,1, ,000UUU,mm 11 I IIII IIIIIIII IIIIIII m II �.... rr r� II f� rr°r �u0 IIII 111111'11111111111111IIIIIIIIiIiNI^I�^IV °,m11U11m1uIIV'uuuupulull ll" 1 111V1111111 Ill IIII lu IuuuulmW u I I lu'��I II, I Vogl 9I�IIBIIIIII �uu�l NIII" V1 IIIyIWI �"'�I 1 uuuiuum� L IL1 rr, 11111111 II 1 umuuuuN IIII 11111VIV111 1 11 m111N11mWUVu1ul uu IWI,1�111 h, 1V d uuwmuu�uu,IluIWIuIIuIRu h111uu1 IVmIlVIu IdWNIM„IuN IIiI11I1R11I111 11l1u1lIulll,uVuI1 uuuuuuuuu IIIIIII 1� IIIIIlVllIIlVIl III1 + 11I u1 111 uV11 11uuuuVu uuIuPI1uI1i I mUu11li llala 4 I l� INuI il ilm l ui uI uuI uum Nl,I�Il,I0,IV _ 1 16II ,VI1v1111111111111lb11u11u11u1m1u11u11 uu11uu11uu11uu11�11111111u1I1u1I1u11Iu11u11u11u1m1u11m11n1l1'n'n'nI 'n 1I4nVWN1IIII �mmuVuu�1lWdII11 I IVII91111Wlllmp111 IIII7 I1NI1I14IV�WII� b M I WI uuuuuuuuuuuul,uuuuuuuuuuuuum uuum WIu1 , , 111111111111111111111 Illllw , �111°°°°° IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII u 111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIW I �IIIIIIII01IIIIIIIIIII 11111 139 Clark Street Vacate Request Reg Drew Investments, LLC Page 94 of 126 Applicant: City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 offer to Vacate and Purchase City Right -of -Way 1:1 Request to Vacate Easement, Vacate Sidewalk, or Encroachment g , reerr ent LI Sale of City -Owned Property ddress: 3' C 1 k f.4- Phone No.: J11' 2.31 -10 /5. 3161 - 13i- 032,7 General Description of Property to Vacated i..- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar r $175 00) Filing Fee • Easement or side gall vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs yrs inside of the CUBA): • Costs (surveying & mise., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: - 0 Note:The above inforr ation is a sur mary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way rust be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to e vacated if the request involves additional construction s the reason for the request. Applicant f- -70/ Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 95 of 126 I„„I I l l l l l l l l l l l l l l l l l l l l l y;,;;,111111 JJJJJJJJJJJJJJIIIIIIIIIililllliiilllllll' Vacate Request — Adjacent to 139 Clark Street 11111111111111111111111111111111111 Illlllluupplpulllllun UI11IIIIU ����� ��Illllllllhi'iiil���Illll uiaiaiaia/0///i7///ll/l�llllllJJl1J1111 11 llllllllllllllllllllllllllllllllllllllllllllllllllllll �I��llllll�lllliiiiiiiiiiiiiiddllllJlpJlJllumiiiuuuuuum III I p IlImmlllwmV ml,l ,I��'1�1^II j1� p �u �1 u � VVUVVUVVVmmlmmmmlmllmmmmmmnlmml w, IIIIIIVIwWµw;mmmVImVIVIVWWII'i'� r 11 , IIII(IIIII I ' �iiiilllli/l ' IIII m WII Illlliluuuuuu°°°°'I Illllllllllllllluuuuli�� III!lu�lll��l�'�'I!��Illllllfl�Jih'�IIIIIIIIIIIIIIIIIIIIIIII��IJJglllul�i,r„/,,, ,. 111111 luuuuuu IJII I (IIII Illul;ll�lll IIII ('VuullUf(uuuuil(III 6(fiiul ,„ Mil4pn''YiY tll �!,; ... .ww,.11r. II°IIIIIIIIIIII°IIIIII°II�IIIIIII�IIIIIIIIIIIIIIIIIIIIUIII�IIIIIIIIIIPiiY�IVii°IiIflPil�il���Vli�l�ul Illlll��l��l�l�lmo�l�l�ll�l�llll I�i�lli�i�lilll unll �� r IIIIIII0 19q �L un IM10'�i�h II ■ ,fl�yl IVfll1 vy, �nyiwnvm,l v� NIIIIII„ I ,11� I X„ ulllllllllllll 'I Ilf uugo�ul�Ym I' ” 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 uuuuuuuuuuuuuuuuuuuululuuuuuuuuuuuuu nlulnl 100 IIIIII�V N , Ivv a lu ,vle l; . Looking to the east of 139 Clark Street at an alley that is requested to be vacated. � f r", III 1,11,111 II �IJ'P�ihi1!IYdiillr'rrlrlYl � ��Ifl� I Looking southeast towards a portion of Fairview Avenue requested to be vacated. ��I INNndlrlrw;�w mr„ri'.11l. uupl!!mugipppuuuuu r11LUUI AI, 10,14 q II� 111111 1111111,111111111111111111111117, In In IIII I�ICI IIIIII IIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi1111iPIIIIIIIIII 11 IIIiIIIpIIIIIIiIIIIIII�I�IIiiIIIIl4lulUii"+++�� ,!, t I I uuII�110 �411!Il�i� II 111 000000000000000i M�a�lrtmwsld r�'� III VI'nl,�ll0 II II�i olooillI111111111111111111111111111111111IIIIIIIII I lui;�tiv"m � I ru^ IVN vv n p,111u'Ij Looking west down Clark Street. Looking at the alley to the south of 118 Clark Street that is requested to be vacated. Page 96 of 126 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 3, Human Rights, Section 3, Unfair Employment Practices by adding 5-3-3A, Unfair Use of Criminal Records in Hiring Decisions. City Council Meeting: 8/19/2019 Prepared: 7/17/2019 ATTACHMENTS: Description D Fair Chance fillitiative SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Type 0.rdinance Motion to receive, file, consider and pass for the first time an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 3, Human Rights, Section 3, Unfair Employment Practices by adding 5-3-3A, Unfair Use of Criminal Records in Hiring Decisions. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Abraham L. Funchess, Jr., Executive Director Waterloo Commission on Human Rights Approve the Fair Chance Initiative. This ordinance is reco ended for both public and private employers. In the absence of this 1 • d of ordinance, employers "exclude candidates who have any sort of cr al record, which can include misdemeanors, arrests that did not result in a conviction, and convictions for crimes not relevant to the job ..." $0 N/A N/A N/A This ordinance is reco ended for both public and private employers. In the absence of this kind of ordinance, employers "exclude candidates who have any sort of cr. • al record, which can include misdemeanors, arrests that did not result in a conviction, and convictions for crimes not relevant to the job ..." [new section] 5-3-3A: UNFAIR USE OF CRIMINAL RECORD Page 97 of 126 IN HIRING DECISIONS: A. Definitions: As used in this section, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this subsection: 1. Applicant: Any person considered or who requests to be considered for employment by a private or public employer. 2. Arrest: The taking of a person into custody when and in the manner authorized by law or military authority due to an ac c us atio n or suspicion that the person committed a crime. 3. Conviction: Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no contest or the equivalent in relation to a crime, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a diversion program. 4. Criminal record: Information regarding a conviction, arrest or pending criminal charge. 5. Employment: Any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. 6. Inquiry: Any direct or indirect conduct intended to gather information, using any mode of communication. 7. Interview: Any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications. 8. Legitimate business reason: A reason for which a private or public employer may make an adverse hiring decision based on an applicant's criminal record, including the following: a. Situations where the nature of the criminal conduct has a direct and substantial bearing on the fitness or ability to perform the duties or responsibilities of the intended employment, taking into consideration the following factors: the nature of the employment, the place and manner in which the employment will be performed, the nature and seriousness of the offense or conduct, the length of time between the conviction or arrest and the application for employment (not including time on probation or parole or the time during which fines or other financial penalties or remedies may be outstanding), the number and types of convictions or pending charges, and any verifiable information provided by the applicant that is related to the applicant's rehabilitation or good conduct. b. Situations where the granting of employment would involve unreasonable risk of substantial harm to property or to safety of individuals or the public, or to business reputation or business assets, taking into consideration the factors listed in paragraph a of this subsection A.8. c. Positions working with children, developmentally disabled persons and vulnerable adults where the applicant has a conviction record of a crime against children or disabled or vulnerable adults, including but not limited to crimes of rape, Page 98 of 126 sexual abuse, incest, prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment. d. Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant's fitness for the job. Legal Descriptions: 9. P ending criminal charge: An existing accusation that a person has committed a crime, lodged by a prosecutor, law enforcement agency or military authority through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. 10. Private employer: Any person, partnership, company, corporation, labor organization or association which regularly employs four (4) or more persons within the City of Waterloo. It includes job placement and referral agencies and other employment agencies. Neither the United States or any of its political subdivisions, nor the State of Iowa or any of its political subdivisions, nor the City of Waterloo is a private employer for purposes of this section. B. Prohibited Use of Criminal Record Information: In connection with the employment of any person, it shall be an unlawful discriminatory practice for a private or public employer to engage in any of the following activity: 1. To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arrests, or pending criminal charges during the application process, including but not limited to any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment to the applicant. If the applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant. 2. To make an adverse hiring decision based solely on the applicant's record of arrests or pending criminal charges. 3. To make an adverse hiring decision based on any criminal records which have been lawfully erased or expunged, which are the subject of an executive pardon, or which were otherwise legally nullified. 4. To make an adverse hiring decision based on an applicant's criminal record without a legitimate business reason. C. Notice of Adverse Hiring Action: 1. Before making an adverse hiring action that is principally based on an applicant's criminal record, the private or public employer shall notify the applicant of the intended adverse hiring action, shall identify the particular records on which the employer is relying, and shall provide a copy of the results of the criminal record inquiry. 2. The employer shall hold the employment position open for a minimum period of three (3) business days after notifying the Page 99 of 126 applicant of the intended adverse hiring action. During such period, the applicant shall have a reasonable opportunity to respond to, explain or correct any information on which the employer is relying. The employer shall review and consider all information and documentation provided by the applicant before making a final decision regarding employment. After three (3) business days, an employer may choose, but is not required, to hold open an employment position until a pending criminal charge is resolved or adjudicated or until questions about an applicant's criminal record are resolved. D. Effect on Other Laws: This section shall not be interpreted or applied as imposing an obligation on the part of a private or public employer to provide accommodations or job modifications in order to facilitate the employment of an applicant. Page 100 of 126 [new section] 5-3-3A: UNFAIR USE OF CRIMINAL RECORD IN HIRING DECISIONS: A. Definitions: As used in this section, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this subsection: 1. Applicant: Any person considered or who requests to be considered for employment by a private or public employer. 2. Arrest: The taking of a person into custody when and in the manner authorized by law or military authority due to an accusation or suspicion that the person committed a crime. 3. Conviction: Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no contest or the equivalent in relation to a crime, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a diversion program. 4. Criminal record: Information regarding a conviction, arrest or pending criminal charge. 5. Employment: Any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. 6. Inquiry: Any direct or indirect conduct intended to gather information, using any mode of communication. 7. Interview: Any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications. 8. Legitimate business reason: A reason for which a private or public employer may make an adverse hiring decision based on an applicant's criminal record, including the following: a. Situations where the nature of the criminal conduct has a direct and substantial bearing on the fitness or ability to perform the duties or responsibilities of the intended employment, taking into consideration the following factors: the nature of the employment, the place and manner in which the employment will be performed, the nature and seriousness of the offense or conduct, the length of time between the conviction or arrest and the application for employment (not including time on probation or parole or the time during which fines or other financial penalties or remedies may be outstanding), the number and types of convictions or pending charges, and any verifiable information provided by the applicant that is related to the applicant's rehabilitation or good conduct. b. Situations where the granting of employment would involve unreasonable risk of substantial harm to property or to safety of individuals or the public, or to business reputation or business assets, taking into consideration the factors listed in paragraph a of this subsection A.B. c. Positions working with children, developmentally disabled persons and vulnerable adults where the applicant has a conviction record of a crime against children or disabled or vulnerable adults, including but not limited to crimes of rape, sexual abuse, incest, prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment. d. Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant's fitness for the job. 9. Pending criminal charge: An existing accusation that a person has committed a crime, lodged by a prosecutor, law enforcement agency or military authority through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. 10. Private employer: Any person, partnership, company, corporation, labor organization or association which regularly employs four (4) or more persons within the City of Waterloo. It includes job placement and referral agencies and other employment agencies. Neither the United States or any of its political subdivisions, nor the State of Iowa or any of its political subdivisions, nor the City of Waterloo is a private employer for purposes of this section. B. Prohibited Use of Criminal Record Information: In connection with the employment of any person, it shall be an unlawful discriminatory practice for a private or public employer to engage in any of the following activity: Page 101 of 126 1. To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arrests, or pending criminal charges during the application process, including but not limited to any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment to the applicant. If the applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant. 2. To make an adverse hiring decision based solely on the applicant's record of arrests or pending criminal charges. 3. To make an adverse hiring decision based on any criminal records which have been lawfully erased or expunged, which are the subject of an executive pardon, or which were otherwise legally nullified. 4. To make an adverse hiring decision based on an applicant's criminal record without a legitimate business reason. C. Notice of Adverse Hiring Action: 1. Before making an adverse hiring action that is principally based on an applicant's criminal record, the private or public employer shall notify the applicant of the intended adverse hiring action, shall identify the particular records on which the employer is relying, and shall provide a copy of the results of the criminal record inquiry. 2. The employer shall hold the employment position open for a minimum period of three (3) business days after notifying the applicant of the intended adverse hiring action. During such period, the applicant shall have a reasonable opportunity to respond to, explain or correct any information on which the employer is relying. The employer shall review and consider all information and documentation provided by the applicant before making a final decision regarding employment. After three (3) business days, an employer may choose, but is not required, to hold open an employment position until a pending criminal charge is resolved or adjudicated or until questions about an applicant's criminal record are resolved. D. Effect on Other Laws: This section shall not be interpreted or applied as imposing an obligation on the part of a private or public employer to provide accommodations or job modifications in order to facilitate the employment of an applicant. 2 Page 102 of 126 CITY OF WATERLOO Council Communication Motion to approve Change Orders Nos. 1-4 for a total increase of $169,250, to Woodruff Construction, LLC, of Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorize the Mayor to execute said documents. City Council Meeting: 8/19/2019 Prepared: 8/13/2019 REVIEWERS: Department Leisure ery (,:lerki Office CS ATTACHMENTS: Description 1.... nco n. Park Chan pe Submitted by: Recommended Action: Summary Statement: Reviewer i 1 ,..ting, P au.t ven, 1:. e. nn r,.. rs „ Action Approve Approved Type Cover Me Date 8/13/' 01 /13/01(;. 41:41( PM 5:09 P M Submitted By: Travis Nichols, Facilities/Project Manager Leisure Services Motion to approve Change Orders Nos. 1-4 for a total increase of $169,250.00, to Woodruff Construction, LLC, of Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973. Change Order #1: Removal of existing sidewalk on Franklin Street and replace with new s id ewaik to match specifications in existing contract. Originally not bid due to future street rep lac ement which has been pushed back due priority schedule Change Order #2: Replacement of all remaining galvanized waterlines not covered in original contract with sleeved cooper lines and new in ground water hydrants. Change Order #3: Reduction in cost associated with 20 feet of secondary feeds being installed by MidAmerican Energy. This 20 feet was originally bid by contractor. Change Order #4: Installation of single mode fiber in conduit supplied under original contract and the addition of conduit and single mode fiber to feed future security cameras for park Original Bid: Change Order #1: Change Order #2: Change Order #3: $ 734,330.30 $ 57, 507.00 $ 37,688.00 $ -14,223.00 (reduction) Page 103 of 126 Expenditure Required: Source of Funds: Policy Issue: Change Order #4: $ 88,278.00 Total: $ 903,580.30 $169,250.00 increase. 416/418 Downtown Improvement G.O. Bond Funds $45,000 Sign and Traffic G.O. Bond Funds $15,500 RJ McElroy Trust $125,000 $600,000 Black Hawk county Gaming Association Otto S choitz Foundation Max and Helen Guernsey Foundation Total Strategy 4.5 Quality of P lac e $200,000 $ 10,000 $995,500 Page 104 of 126 N(TIJ: PR().1EC" : Liiicoin Park 11 lar kuiper, R LANE) Kt PH 0 Nate Goetsch, VVOOdi"Liii(:onstructicm 0 Quentin fart, i'vfayor orWaterloo, foiva D )WNER.: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Cicotsch Woodruff Construction 1717 Falls A.venue Waterloo .LA. 5070.1 DATE0 0 0 0 OF ISSUANCE: 08/12/2019 FROM: RITLANI)+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Watertoo, Iowa 50703 You are directed to make the following changes in this Contract: L Sheet P„R-01L-1,1 (revisions dated 07/11/19): a. 1Removal of 1,803 SF of PCC pavement b. installation of 17 CY of modified subbase c. InstalLition of .148 SY of PCC Pavement, 6". 2. Shee a. b. c. d. PR -01 J--1.3 (revisions dated 07/11/19): Deduction of 12 CY of modified subbase and 112 SY of PCC. Pavenient installation of 20 CY of modified subbase Ins(allation of 149 LF of concrete curb for brick Installation o f 1 560 SF of brick pavers .with concrete base TOTAL ADD TO CONTRACT Attachments: 2019.08.12 Estimate from Woodruff Construction $57,507.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in [he. Contract sum or Contract time. The original 'ontract Sun] was...... _ _ _ _ _ Net change by previously authorized Change Orders.. _ _ _ _ The (lontract.. Sim) prior to this Change Order was...... , The Contract Stun will be (increase(i) by this Change Order_ _ _ The new ('onlract Sum including this Change Order will be The Contract Time will be unchanged) IHTLAND+KUIPER Landscape Architects ARCHITICT S-ignature kiark Kuiper„ ASI A J4.1) AP Woodruff Construction CONTRACTOR 411 Signaturt;,'" Nate Goetsch $734,330,30 80.00 $734,330,30 857,507.00 $791,837,30 zero ( 0 ) Days Citv of Waterloo OWNER. Signature Mayor Quentin Hart Page 105 of 126 000RUFF CONSTRUCTION, „111111111111111111111111111111111 11111111„,1,,,,,,mom,omm,11111111111111111,6,11 ff ilii111111111 11111111111111111111111111,11,11,11,11,11,11,,,,,, LC 717 Fa s Avenue Water oo, A 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 August 12, 2019 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Proposal Request #1— Sidewalk and Intersection Corners Along Franklin Street To whom it may concern, The following is our pricing per Pricing Request #1. Cost Breakdown Woodruff Supervision — 2 Weeks = $6,400.00 General Conditions (temp toilet, tools/equip, general clean-up, dumpster, etc) = $1,450.00 4' Construction Fencing - 260 If x $4/If = $1,040.00 Great Plains Surveying (quote enclosed) = $852.00 Kruse Concrete (quote enclosed) =$13,632.00 Whole Excavation (quote enclosed) = $2,793.00 Matthias Landscaping — Pavers (quote enclosed) =$21,450.00 Finish Grading/Seeding/Maintenance — 5,560 sf x 0.50/sf = $2,780.00 Mark-up = $5,544.00 Subtotal =$55,941.00 Insurance = $503.00 Bond = $1,063.00 Total =$57,507.00 Our total price to perform the changed work is an ADD of $57,507.00. Note: It is still our intent to complete all aspects of the project in 2019 with exception of final seeding. However, if the added scope pushes us into cold weather conditions, we will need to look at winter conditions or pushing some of the project scope off until Spring 2020. We also have put a hold on the brick paver order until we have response on this PR to save on freight costs and insure all product is from the same production run — timely response is important so we can get proper order placed to not hold up needed delivery dates. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager I12� �I II '.mminimmmmllll�����������������7. ate From: Sent: To: Subject: Nate, )e. se. 1,011".C.,0,100.0401111110r1,4104 .00,00 0,01"000 110 , 00104,1000 01 00,4100 ARV '0,00,011, Angie Hutton <ahuttonPgreatplainssurvey.com> Monday, July 15, 2019 4:42 PM Nate Goetsch; 'Travis Kruse'; 'cra*g'; 'Cheri Firgard RE: Lincoln Park PR 01 111 000,00 We can do the layout of dititional work, sidewalk 1 -side only and @25' intervals plus all points on L-1.3 additional fee of $852. Please let me know if this work gets approved. Thank you— Angie Hutton Great IJIatins Survey,. Inc, From: Nate Goetsch [mailto:nateg@woodruffcompanies.com] Sent: Friday, July 12, 2019 3:39 PM To: Travis Kruse; craig (craig@matthiaslandscapingicom)i; Cheri Firgard; Angie Hutton Subject: FW: Lincoln Park PR -01 All, See attached PR4. Please email associ ed pricing to be by end of day July 1 Thanks, Nate Goetsch Project Manager/Estimator Woodruff Construction, LLC (319) 233-3349 From: samantha <5:amantha(lOritlancji<uirier.com> Sent: Friday, July 12, 2019 9:16 A To: Nate Goetsch <nate, -)woodruffrormanie.s„co> Cc: mark <mark@ itlanctk iper:.com>; TRAVIS NICHOLS TRAVI5J9I1H LSC waterioo-ia.oirg>; <JAM ESB, LGER WATF1LO071A.11RQ> Subject: Lincoln Park PR -01 Nate, Please find attached our proposal request #1 for LIncoIrr Park® Please let me know if you have any questions. Thanks! Samantha Samantha Price, PLA RITLAND+KUIPER Landscape Architects 501 Sycamore Street Mezzanine A Waterloo, Iowa 50703 www.rilancikuipercom 1 1 Bolger ,00,00'00,, or an Page 107 of 126 Nate Goetsch From: Sent: To: Subject: Nate , 1111,01,14,1 11,x1,01,61, INSAMirtit For PR -01 L 1.1 148 SY @ $42 SY = 6216.00 For PR -01 L 1.3 149 LF @ $20 LF = $2980.00 1560 SF @ $5.50 = $8580.00 (111 SY e uft 111,1,11,,,,,,,errillikitillPUM,fillira4trArt101,4111111110110,1, j,rropparrrypi, Travis Kruse <tkruse564@gmail.corn> Thursday, July 18, 2019 7:19 AM Nate Goetsch Re: FW: Lincoln Park PR -01 Let me know if you have any questions Thanks Travis On Fri, Jul 12, 2019, 1 9 PM Nate Goetsch nate woodruffc u All, See attached PR4. Please email associated pricing to be by end of day July 19th. Thanks, rfl anies.corn> wrote: Nate Goetsch Project Manager/Estimator Woodruff Construction, LLC (319) 233-3349 nur' hddi 11,„1,1',,111,111,1 040,014, 11111,40" From: sairrantha <saniantha,@ritiandkuil, ercorn> Sent: Friday, July 12, 2019 9:16 AM To: Nate Goetsch <natel, 1,woodruficom )anies.rom> Cc: rnark <mark, iritia dkui ,erico TRAVIS NICHOLS, <TRAVISMICHOLS waterloo-ia.oH0>:, J.B. Bolger KiAMES3OLGERI. ATERLOOdk G> Subject: Lincoln Park PR -01 1 r Page 108 of 126 ate oetsch UNIM1111.0101.1111:11111111,11110111.11.1.411,11,1.1,11,....10,1111,1111411,111111.010 From: Sent: To: Subject: Ab, IMMIX itaLUSIIIV, vommloor M1,11,11110M. gnu 1,66opoom Cheri Firgard <wholeexcavation©,gmaiLcom> Thursday, July 18, 2019 12:33 PM Nate Goetsch Re RN: Lincoln Park PR 01 Extra Quotes from Whole Excavation: PR -01 1.1 41 -Removal 1803 sq. ft. of pavement $1712.85 #247 cu yds. modified $43.20 per yard $734.40 PR -01 L-13 41 -Deduct for 12 cu yds. modified $518.40 42 -Install 20 cu yds. modified $864.00 Please call Doug at 319-290-5127 for further assistance. 'rhanks, Ch etii ,Firgard-Offk;e Manage.c/11-ill hole Fxavci1on, LC fax: 319--98-9827 On Fri, ul 12, 2019 at 3:39 PM Nate Goetsch nate .woodruffcom nies.com> wrote: All, See attached PR4. Please email associated pricing to be by ed of day July 19th, Thanks, Nate Goetsch Project Manager/Estimator Woodruff Construction, LLC (319) 233-3349 4,11,111,1111,, Page 109 of 126 Woodruff Construction Vo, Nate Goetsch 1717 Falls Ave. Waterloo TA 50701 - ro C 1 Date 7/16/2019 PR -01 Added Clay Pavers 7 16 2019 )L 011)110 1 tv Cos fatal PR -Ola - Brick pavers materials per SF 1,560 6.674 10,411 44 PR -01 b - Brick paver installation labor per SF 1,560 7.076 11,038.56 Contact Craig Gibleon 319-226-6000 or E-mail eraig@nlatthiaslandscaping.com Please call if you have any questions. A../lattIllas La Luis eapiri:H. 1:10. 70 \Ala gluier' d. Su total Sal s lax( N'N1a ter too 1.A50 703 3 19-226-6000 I 1 $21,450.00 , $0.00 $21,450.00 x 3 1 9 216 -6003 Page 110 of 126 , 01Z1)1,R Mark Kyliper, RIT'LAND-1-1<t„)11)ER D Nate Goetseh vioodnirreonstniction D Quentin liart rViayc)r til\Vaterloo, to\vkl Li P ?OtlEt'2'11: Litieolii Park SMR: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Cieotsch Woodruff Construction 17 1'7 Falls Avenue Waterloo, IA 50701 D 111 0 11 DATE ISSUANCE: 08/12/2019 FROM: ItITLAND-11( 1 j1P ER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the folloNving changes in this Contract: 1. Supplemental Sheet P-1. I (dated 07/11/19): Remove existing in-0,round water hydrants 2, Supplemental Sheet P-1.2 (dated 07/11/19): a, Abandon existing water piping within .1; ark servirtg ,removed in -ground water hydrants. Supplemental Sheet P-1.2 and Revised ME -2.1 (revisions dated 07/11/19): a, Add new water piping to serve new in -ground hydrants. 4. Revised Sheet ME -3.1 (revisions dated 07/11/19): a. Add new in -ground hydrants to replace removed hydrants. TOTAL ADD TO CONTRACT Attachments: 2019.08.12 Estimate from Woodruff Construction $37,688.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any ..ici.justrnent in the Contract sum or Contract time. The 'original Contract Sum was _ _ • . _ _ — Net change by previously authorized Change Orders_ The tiTaarttraci Sun) prior to this Change Order was.........._ _ . _ _ _ _ _ _ _ The (Zontract Sum will be('increased) by this Change Order._ _ _ r„Iihe new Contract Sum including this Change Order and Change Order #01 'will he Contract Tfine sviil be (,..tatic„:::harrge- RITLAND+KU1PER Landscape Architects ARCHITECT Signature 1,1ark Kiriper, ASLA, .LRED AP Woodruff Construction CONTRACTOR Signature Nate Goetsch 8734,330.30 80.00 8734,330.30 837,688.00 8829 525,30 zero ( 0 ) Days City of Waterloo OWNER Signature Mayor Quentin Ilart Page 111 of 126 000RUFF CONSTRUCTION, „111111111111111111111111111111111 11111111„,1,,,,,,,,,,,,,,11111111111111111,6,11 ff ilii111111111 11111111111111111111111111,11,11,11,11,11,11,,,,,, LC 717 Fa s Avenue Water ao, A 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 August 12, 2019 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Proposal Request #2 — Plumbing Modifications To whom it may concern, The following is our pricing per Pricing Request #2. Cost Breakdown Woodruff Supervision = $1,600.00 General Conditions (temp toilet, tools/equip, general clean-up, dumpster, etc) = $363.00 Great Plains Surveying (quote enclosed) = $370.00 Bergen (quote enclosed) =$29,570.00 Finish Grading/Seeding/Maintenance — 2,250 sf x 0.50/sf = $1,125.00 Mark-up = $3,633.00 Subtotal =$36,661.00 Insurance = $330.00 Bond = $697.00 Total =$37,688.00 Our total price to perform the changed work is an ADD of $37,688.00. Note: We have accounted for an additional half week to the project schedule in the pricing; however, the majority of this scope will feel can coincide with the previous schedule. It is still our intent to complete all aspects of the project in 2019 with exception of final seeding. However, if the added scope pushes us into cold weather conditions, we will need to look at winter conditions or pushing some of the project scope off until Spring 2020. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager oetscli 0ino00,11,,,00, 111,11,1, From: Sent: To: Subjec': SIONEME 4 11 agi eigtear TVel Nate Goetsch Thursday, August 1, 2019 2:52 PM Nate Goetsch FW: PR -02 Lincoln Park From: Angie Hutton [n a 110 a b u tLon(a q eatauissu ryey rAml, Sent: Wednesday, ]uly 24, 2019 3:52 PM To: 'Nate Goetsch" Subject: E: PR -02 Lincoln Park Nate, ET SIM 10 0 This looks like about 9 additional water appurtenances to he staked. This would add $370 for 1 trip and about 9 items o stake Just let us know about this work as well. Thank you an • have a great evening Angie Hutton Great Plains Survey, Inc, From: Nate Goetsch [nlailto:n bee,,Cawoodrufromponies,com] Sent: T esday, July 23, 2019 9:32 AM To: Angie Hutton Subject: FW: PR -02 Lincoln Park 1 Nate Goetsch ProjectanageriEstimator Woodruff Construction, LLC (319) 233-3349 From: sarnantha <samantha,,:thritlandkuiDer.corr> Sent: Friday, July 12, 2019 10:22 AM To: Nate Goetsch <nate a wqodruffcorroanies.com>., J. NICHOLS <1 RAVSNCH0LS ‘AtateriooTia.o%, Cc: mark <maricwrtantikul er.corn> Subject: PR -02 Lincoln Park Nate, 1 olge <JAmES.BOLGER (EDWATER 00-1kORG>., TRAVIS Please find attached PR -02 for Lincoln Park. MODUS is asking that the general and electrical contractors receive their quotes from low voltage contractors including Hawkeye Alarms and RC Systems. Please let me know if you have any questions. Thanks, 1 Page 113 of 126 bin ,eatin( 0 fin Office: (319) 234-1404 Fax: (319) 233-8426 2019 Lincoln Park Improvements PR -02 Lincoln Park PR -02 33 Fletcher Ave Waterloo, IA 50701 8/5/2019 We will provide and install 7 additional freezeless yard hydrants per proposal request 02. Quote includes abandoning existing water piping and removing and replace existing hydrants. We will provide all copper piping installed via directional boring through a subcontractor to install new piping and yard hydrants. Quote is based on ail directional boring being completed with 1 mobilization and does not allow for boring to be broken up into phases. Quote does not include any repairs for plumbing or other existing underground utilities that may be disturbed via directional boring. Any repairs, if needed, will be completed at time and materials. PR -02 Total: _$29,570.00 Quote does not include any street cutting or repair. Quote does not include and traffic signage or barricades for street work. Any compaction testing or replace dirt will be by others. Any land scaping of disturbed areas is to be by others. New manhole cover is to be provided by the city. Quote is based off of prints dated 7/11/19 Submitte. By: Accepted By: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined below. If payment schedule noted above is not followed, signature below acknowledges that customer will pay legal fees to collect unpaid balances. If project exceeds 45 days — project will be billed by percentage completed to date. Bid Exclusions: All work not stated within proposal is considered a change order addition to be billed accordingly. Any alteration or deviation from above specifications involving extra costs will be executed upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Page 114 of 126 CHANGE ORDER PROJECT: Lincoln Park El Mark Klnper, RITI_.AND+K I)11'ER ❑ Nate Goctsch, Woodcliff Construction ❑ Quentin Hart, Mayor of Waterloo, Iva OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Gcotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 El C I No.: 03 DATE, OF ISSUANCE: 08/12/2019 FROM: RITI,A N D+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. MidAmcrican Energy shall provide secondary feeds to within 20' of each new electrical cabinet. Electrical contractor shall make final connection between secondary feeds by MidAmerican and the electrical cabinet panel. TOTAL DEDUCTION TO CONTRACT Attachments: 2019.08.12 Estimate from Woodruff Construction MMmmmm 814,223 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sunt or Contract time. The original Contract Sum was $734,330.30 Net change by previously authorized Change Orders $0.00 The Contract Sum prior to this Change Order was The Contract SUM will be (decreased) by this Change Order The new Contract Sum including this Change Order and Change Order #01 & #02 will be The Contract Time will be (unchanged) RITLAND+KUI.PER Landscape Architects ARCHITECT Mark Kuiper, ASLA, LEED AP Woodruff Construction CONTRACTOR Signature Nate Goetsch $734,330.30 $14,223 $815,302.30 zero ( 0 ) Days City of Waterloo OWNER Signature Mayor Quentin Hart Page 115 of 126 000R UFF CONSTRUCTION, LC 1717 Fa s Avenue Water oo, A 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 August 12, 2019 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Proposal Request #6 Secondary Feeder Credit To whom it may concern, The following is our pricing per Pricing Request #6. Cost Breakdown Nelson Electric (quote enclosed) =($13,835.00) Insurance = ($125.00) Bond = ($263.00) Our total price to perform the changed work is a DEDUCT of $14,223.00. Note: It is assumed that the handholes and associated concrete demo/replacement will be by MidAmerica Energy. If this is incorrect, let us know and we can provide an added cost for these services. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager NJ ELSQ N Electric 809 Ansborough Ave Phone: 319-235-2445 Waterloo, IA 50701 PROJECT: Lincoln Park dan.peterson@nelsonelectric.biz Fax: 319-236-2445 CHANGE PROPOSAL DATE 8/6/19 DESCRIPTION: Deduct cost of secondaries to within 20' of cabinets CHANGE PROPOSAL #: [04 QTY 1 Total Material 0 MATERIAL TOTAL TAX SUBTOTAL -42.3 LABOR 1 Project Foreman DESCRIPTION PROPOSAL REQUEST #: 6 UNIT PRICE -$11,365.44 $0.00 $60.00 $69.00 EXT PRICE - 11,365.44 0.00 0 0 0 0 0 0 0 0 - $11,365.44 $0.00 - $11,365.44 - $2,539.20 $69.00 SUBTOTAL -$13,835.64 15% OH & P $0.00 SUBTOTAL -$13,835.64 Bond $0.00 TOTAL -$13,835.64 TOTAL CONTRACT CHANGE -$13,835.00 Veto Pete -4440 Authorized By Page 117 of 126 Job Name: Lincoln Park Renovation Job Number: 123 Extension Name: PR6 Item # Item Name Material Filter: <None> [Items and ByProducts] Report: Price 1 & Bid Labor by Cost Code Quantity Ext Price 1 Bid Lbr Ext Label Set: Combined, Combined, Combined, Combined, Combinec ($11,365.44) -42.32 CCode: 11000 Brnch Drill, Cutting/Core $110.00 5.00 17,332 3x6 DP CORE DRILL 5.00 $110.00 5.00 CCode: 12500 Feeder Wire ($8,171.80) -65.52 64 L 3/0 THHN CU STRANDED -3,640.00 ($8,171.80) -65.52 CCode: 12500 Feeder Term $374.11 16.20 5,872 250-1/0 T -SPLICE ILSCO GTT-0-0-W/C 18.00 $374.11 16.20 CCode: 16000 Trenching/Excavation ($3,677.75) 2.00 100,044 Hoffman 20Bore 5.00 $5,643.50 5.00 100,074 Hoffman Boring - Alt #1 -1.00 ($2,300.00) -1.00 100,075 Hoffman Boring - Alt #2 -1.00 ($2,708.75) -1.00 100,077 Hoffman Boring - Alt #6 -1.00 ($4,312.50) -1.00 [Items and ByProducts] Total: Courtesy of McCormick Systems Inc. ($11,365.44) -42.32 Page 1 8/6/2019 2:35 PM Page 118 of 126 CH A N(FA, )1111)E 14 PRC),JECT: Lincoln Prruric 1\4ark Kuiptn`, IZrm,AND+KLTIITR 11ei:'1 :1:11, ViocichulT Construction [] ())ticntin Ni.ayrir (1,1 \Vuterlot), loikva LI OWNER: City or \Valeria( 1 ow 'A U. . 20 9 /10 /3 T(1): Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 A 0 Cl 0 0 (1}F1 ISSUANC: 08. 711.19 FROM: RITLAND+KUIPER Landscape Architects 501 Sycarnore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to niake the following changes in this Contract: 1. Revise fiber conduit locations as .per supplemental sheet T-1.1. 2. Clarify fiber conduits shall be equal to the Dura -Line Future.Path Mierodncts. Refer to specifications for additional information. 3. Reinoval of existing communication cabling and handholes, Abandon existingcomm. tication conduits. 4. Add new fiber conduit locations bored under street to existing traffic control cabinets. 5. Add 72-strandsingle-mode fibei. and associated termination equipment and enclosures_ 6. Add 6 -strand single -mode fiber and associated termination equipment and enclosures where shown On plans. 7. -Existing power feed to lighting in park sculpture shall remain. TOTAL ADD TO CONTRACT Attachments: 2019.08.12 Estimate from Woodruff Construction $88,278.00 Not valid 'until signed by both the Owner and A reh itecL Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time, The original Contract Sum was. Net change by previously authorized Change Orders_ _ _ _ ......... _ _ _ r[he Contract Suin prior to this Change Order was_ . _ _ „ _ _ 'The Contract Sum will be increased) by this Change Order., • _ • _ _ _ The new Conirar,1 Sum including this Change Order and Change Order #01., #02 and 1/03 will be • . . • • • • • • • . . • • 'Tile Contract Tittle 'will be. (tirici.lariged) RITLANTI-FKUIPER Landscape Architects ARCHITECT Signature Kuiper, ASLA„ LEM AP • . • 'Woodruff Construction CONTRACTOR Signature Nate Goetsch $734,330.30 $0.00 $734,330,30 $88278.00 $903,580.30 zero ( 0 ) Days City of Waterloo OWNER Signature Mayor Qucntin I-Iart Page 119 of 126 000RUFF CONSTRUCTION, „111111111111111111111111111111111 11111111„,1,,,,,,,,,,,,,,11111111111111111,6,11 ff ilii111111111 11111111111111111111111111,11,11,11,11,11,11,,,,,, LC 717 Fa s Avenue Water oo, A 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 August 12, 2019 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Proposal Request #3 — Fiber Modifications To whom it may concern, The following is our pricing per Pricing Request #3. Cost Breakdown Woodruff Supervision = $3,200.00 General Conditions (temp toilet, tools/equip, general clean-up, dumpster, etc) = $725.00 Temporary Fencing/Barricades = $500.00 Great Plains Surveying (quote enclosed) = $370.00 Kruse Concrete (quote enclosed) = $594.00 Nelson Electric (quote enclosed) =$71,400.00 Whole Excavation (quote enclosed) = $500.00 Finish Grading/Seeding/Maintenance —150 sf x 0.50/sf = $75.00 Mark-up = $8,510.00 Subtotal =$85,874.00 Insurance = $773.00 Bond = $1,631.00 Total =$88,278.00 Our total price to perform the changed work is an ADD of $88,278.00. Note: We have accounted for an additional week to the project schedule in the pricing; however, we feel the majority of this scope can coincide with the previous schedule. It is still our intent to complete all aspects of the project in 2019 with exception of final seeding. However, if the added scope pushes us into cold weather conditions, we will need to look at winter conditions or pushing some of the project scope off until Spring 2020. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager '.�ini�lllll���������1���1����ia1n�1u Nate Goetsch From: Sent: To: Subject: N;te, A4,111%, VAR, Angie Hutton <ahutton©greatplainssurvey.com> Wednesday, July 24, 2019 3:51 PM Nate Goetsch RE: PR -03 Lincoln Park ,111111 1.011, 4.11% 14,0,41,, OR, • II, ,11,1,14,001,111,11,1.111.11111111„.11.111100101,114,4$61M, • 11110141.6111.1111,101111111111111111111111111116, This looks like sonle low voltage appurtenances to be staked. This would add $3711 for 1 trip and about 8 items to stake. 4 Just let us know if you'd like us to do this work. Thank you Angie Hutton Great Plains Su vey, rom: Nate Goetsch [nriailto:nateg@woodruffcompanies.com] Sent: Tuesday, July 23, 2019 10:05 AM To: Angie utton Subject: FW: PR 03 Lincoln Park Perhaps some utility layout changes for you on this o e as well? Nate Goetsch Project Manager/Estimator Woodruff Construction, LLC (319) 233-3349 From: Nate Goetsch Sent: Friday, July 12, 2019 3:31 PM To Dan Peterson' <clan. retersoninelsonelectric.,biz,?; 'Travis Kruse<tkruse564 gmaikorn> Subject: FW PR 03 Lincoln Park Dan, See attached PR3. PR4 and PR5 will follow in separate emails but also pertain to new drawing T1.1. It looks like this P' may require some additional concrete work, can you advise on locations and needs to insure we have this covered? Travis, Note some additional concrete patch per Reference Notel. I will be out next week but would like to submit pricing on Monday, July 22nd. Thanks, Nate Goetsch I Project Manager/Estimator "Woodruff Construction, LLC (319) 233-3349 rom: samanth Sent Friday, July 12, 2019 10:23 AM To: Nate Goetsch <nate oodruffcomkgnies.com>-, j.B. Bolger <j/WfS.BOLGER NICHOLS <TRIWIS.NICHOLS thwatedoo-ia.org›; mohamnriad.elahi a watedoo-ia.or savant a ritIandls:titer.corri 1 ina.shelli:iori lwaterloo-ia.or Page 121 of 126 ate 64 etscil UND2101, .11.1 thZEINEEZEREEMERS2 arriNUM1210412110111E .d,ZgirIZWAZVZZEZZZ2EE7MFJETMM21aFENWAirZr/Penifdf:MEESZTMZFZNFLZMVEANEgZEEgr2E7EMMFOIZZEI.L.WZWaZZCZMEFZEEEEIZIEE7ZZEIDFZTEglr,MZZET,EEECUZF;Z'MEOE2ENIZEZ HOULTArdiEfi From: Sent: lo: Subject: Nate Goetsch Tuesday, July 30, 2019 2:35 PM Travis Kruse RE: FW: Lincoln Park: PR3 Travis„ My error on the dimensions below. Should be the 60 SF at and Mulberry, and 65 SF at 4th and Franklin. Please confirm your pricing for this PR. Nate Goetsch f froject Manag..x/Esimator Woodruff Construction, LLC (319) 233-3349 From: Travis Kruse <tkruse564@grnail.com> Sent: Monday, July 29, 2019 4:30 PM 'To: Nate Goetsch <nategPwoodruffcompanies.com> Subject: Re: FW: Lincoln Park: PR3 $4,75 sq ftfor1.10 sq ft @ $.4.75 = $522.50 Not sure of the other sq ft of around the hand hole so will need sq ft to figure that or you ca just figure it at $4.75 sq ft to get the total price for PR #3 Travis Kruse USE CONCRETE LLC. 408 lst St. SE Tripoli, IA. 50676 319-2394359 tkruse5641 mail.com On Thu, Jul 25, 2019 at 1:05 PM Nate Goetsch <nate WOO u 'from anies.ca > wrote: Travis, Please price the sidewalk r/r as outlined below/attached. Will you plan to include the demo or should 1 have the earthwork vendor price? Nate Goetsch Project Manager/Estimator Woodruff Construction, LLC (319) 233-3349 From: Nate Goetsch Sent: Thursday, July 25, 2019 1:01 PM 1 Page 122 of 126 OF BLACK AWK COUNTY 809 ANSBOROUGH AVE WATERLOO, IOWA 50701 Monday, August 5, 2019 RE: Lincoln Park PR#3 Scope of work to include: PHoNE: 319-235-2445 FAX: 319-2.36-2445 1. Revise fiber conduit locations. 2. Removal of existing co munication cabling and handholes. Abanion existing communication conduits. 3. Add new fiber conduit locatio «s bored under street to existing traffic control cabinets. 4. Rint cut into existing fiber on the corner of Franklin and 4th Street A. 12 -strand to be spliced into green buffer B. Owner to verify fiber is not live C. As the tentative time frame for this work is September or October, it may be necessary to serform the splicing on a scheduled weekend, due to weather or other unforeseen citur stances. An additional charge will be incurre if the schedule is delayed beyond October and the outdoor temperature requires a climate -controlled splicing trailer. Pricing is based on working within a splicing tent. D. In order to test, access to both ends of t ie 72 -strand will be needed. E. If the cables are not terminated, or access is not available when the slicing work is scheduled, then an additional charge will be incurred to return and test, and/or to make any repairs. 5. Add 12 -strand single -mode fiber and associated ter ination equipment and enclosures. 6. Add 6 -strong single -mode fiber and associated termination equipment and enclosures where shown on plans. 7. Provide (4) new control cabinets as describe. (8-10 week lead time) ANNIVERSARY P9Pe ?Ario,126 Electric 809 Anshorough Ave Phone: 319-235-2445 Waterloo, IA 50701 PROJECT: Lincoln Park fielsonelectric,biz Fax: 319-236-2445 CHANGE P SAL DATE 8/5/19 DESCRIPTION: Revise Fiber CHANGE PROPOSAL II: 601 DESCRIPTION 1 Total Material 0 [MATERIAL TOTAL TAX SUBTOTAL 91,36 LABOR 1 Project Foreman SUBTOTAL 15% OH & P SU BTO TA L Bond TOTAL 'AL CONTRACT CHANGE PROPOSAL REQUEST 4: 3 UNIT PRICE 556,528.27 $0.00 $60,00 569.00 1)a41 70ereAsew Authorized By EXT PRICE, 56,528.27 0.00 0 0 0 0 0 0 0 0 556,528,27 50.00 556 528,27 55,481,60 569.00 562,078.87 $9,311.83 571,390.70 $0,00 571,390.70 $71,400.00 Page 124 of 126 Job Name: Lincoln Park Renovation Job Number: 123 Extension Name: P3 Item # Label Set: Combined, Combi CCode: 11000 Branch Rough 5,541 1/2 FLEX STEEL 5,567 1/2 FLEX SCREW-IN CONN 5,624 1/2 FLEX 90 SQZ CONN CCode: 1 000 Branch Strap 1,326 1/2 EMT 1 HOLE STP/STL Item Name [Items and ByProducts]. Quantity Ext Price 1 Bid Lbr Ext Combined, Combined, Combine( $56,528,27 $20.78 24.00 $14.93 4.00 $1.72 4.00 $4,13 $1.34 4.00 $1.34 $3.74 4.00 $3.74 $325.12 12.00 $325.12 $270.00 18.00 $270.00 $3,251.21 4.00 $1,760.25 4.00 $161.67 4.00 $0.00 12.00 $62.06 12.00 $89.94 8.00 $568.39 12.00 $608.90 $44.00 D ARE 4.00 $44.00 $18.42 128.00 $14.03 40.00 $4.38 $6.18 32.00 $6.18 $4,550.00 1.00 $4,550,00 $9,435.00 4.00 $9,435.001 $13,068.001 1.00 $13,068.00 $0.00 IC MSER CABLE 1,500.00 $0.00 $25,534.49 1.00 $25,534.49 CCode: 11000 Branchr Hareware 3,300 BRCH FASTENER CCode: 11000 innerduct 100,035 Hydrolic Cement CCode: 11000 Brnch Drill, Cutting/Core 17,328 2x6 DP CORE DRILL CCode: 11500 Feeder Rough 2,557 4 GRC LB BODY 2,614 3 1/2 - 4 GRC FLAT COVER 2,623 3 1/2 - 4 GRC GASKET 2,878 4 LOCKNUT 2,917 4 BUSH PLASTIC 2,994 4 HUB - MEYERS, 3,045 4 CHASE NIPPLE CCode: 11500 Feeder Hardware 3,305 LRGE PANEL HNG HA CCode: 12000 Branch Wire 49 L 12 THHN CU STRA 50 L 12 THHN CU STRA CCode: 12000 Branch Term 6,018 RED WIRE NUT CCode: 12030 Special Systems 100,042 TriCity Fiber Splice CCode: 13000 Controls 100,056 Control Cabinet CCode: 15100 Voice /Data 100,037 Hawkeye Alarm PR#3 CCode: 15100 19,389 12 FIBER M -MODE CCode: <undefined> 100,041 Hoffman PR#3 DED DED GREEN 91.36 1.32 0.72. 0.24 0.36 0,20 0.20 0.20 0.20 12.00 12.00 27.00 27.00 1928. 6.80 0.00 0.00 2.28 3.00 4.80 2.40 2.60 2.60 0.84 0.64 0.20 0.32 0.32 2.00 2.00 12.00 12.00 0.00 0.00 9.60 9.60 4.00 4.00 [Items and ByProducts] Tota Courtesy of McCormick Systems Inc. $56,528.27 91.36 Material Filter: <None> Report: Price 1 & Big Labor by Cost Code Page 1 8/5/2019 2:21 PM Page 125 of 126 i a '1"e ':11' 0 e t S i OM ZETEMWOMAISVIVIE ,IMENETEZELIFIEMEJENEM "E: arommourevortamem 11,22121EFF,MPANOP INERFAMEEEEME IY7 APIFZWOIZSIEZVMEMEFEINTLMEEUSIIIZEP EIROMEARTIWEIMME21110, ZIENZIMIZEZNEEMERZYNONV, EZIErfa5 From: Sent: To: Subject: Nate, Pricmg Request Cheri Firgard <whoeexcavation(Ogrplii.conT> Saturday, August 3, 2019 9:53 AM Nate Goetsch Re: FW: tincoln Park: PR3 Thank yc)u, or giving us the opportunity to serve you. Piease call L)oug at 3 1 )-290-5127 for further assistanee. Thanks, Cheri Firgord.. ffice Ma aq 11 hole Excavation, HJ : fox: 319-988-982'7 • 4 On Thu, Aug 1, 2019 at 3:28 PM Nate Goetsch <nate woodruffcol aniescorn w rote: Hi Cheri, Has Doug had a chance to look at this one? Need concrete sidewalk removal and subgrade prep for new concrete at roughly 125 SF. Thanks, Nate Goetsch Project Manager Estimator Woodruff Constructio LLC (319) 233-3349 From: Cheri Firgard <',whoierexcavation,h!dt a itcom> Sent: Thursday, July 25, 2019 3:12 PM To: Nate Goetsch <pate wooirufficot Subject: Re: FW: Lincoln Park: 133 anies.com> 1 • Page 126 of 126