HomeMy WebLinkAboutCouncil Packet - 8/26/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAR OLD E. GE TTY COUNCIL CHAMBERS
Monday, August 26, 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. on Monday of the
day of the City Council meeting to appear before the City Council (may also register by
phone) . Registered speakers will be given first priority.
Page 1 of 128
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Keith Kaspari, Airport Director
Agenda, as proposed or amended.
Minutes of August 19, 2019, Regular Session, as proposed.
ORAL PRESENTATIONS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it
does not require cities to allow public participation except during public hearings.
The City of Waterloo encourages the public to participate during the Oral
Presentations by following the rules listed on the front of the agenda.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is
on file in the office of the City Clerk.
2. Resolution setting date of public hearing as September 9, 2019 on the proposed
issuance of not to exceed $6,475,000 General Obligation Refunding Bonds, for
essential corporate purposes, and instruct City Clerk to publish notice.
Submitted By: Michelle Weidner, Chief Financial Officer
3. Resolution approving preliminary plans, specifications, bid documents, etc.,
setting date of bid opening as October 3, 2019 and date of public hearing as
October 7, 2019, in conjunction with the Dry Run Creek Interceptor, Contract No.
877, and instruct City Clerk to publish notice.
Submitted By: Brian Bowman, Treatment Operations Supervisor
4. Resolution approving renewal of general, automobile, public official's errors &
omissions, law enforcement and employment practices liability coverage with
Travelers Insurance, excess liability coverage with Allied World, umbrella liability
coverage with Brit, property insurance coverage with Chubb, workers'
compensation stop loss coverage with Safety National, and workers'
compensation claims administration with Alternative Service Concepts, for a total
premium and payment of $1,680,461, with recommendation of approval from the
Insurance Committee, and rescinding Resolution No. 2019-486.
Submitted By: Kelley Felchle, City Clerk
Page 2 of 128
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Kathy Skillings - Lab Foreman *REVISED*
Class/Meeting: Iowa Water Environment Association 2019
Operators/Pretreatment Conference
Destination: Newton, IA
Dates: September 4, 2019
Amount not to exceed: $120
b. Angie Reid, Education Coordinator and Tammy Turner, WCA
Volunteer
Class/Meeting: Drop off artwork for Ed Emberley exhibit.
Destination: Essex, MA
Dates: September 6-16, 2019
Amount not to exceed: $980
c. Kelley Felchle, City Clerk
Class/Meeting: Iowa Municipal Finance Officers Association
Destination: Des Moines, IA
Dates: October 16-18, 2019
Amount not to exceed: $205
d. Jon Martin and Matt Chesmore
Class/Meeting: Iowa Association of Housing Officials Annual Classes and
Conference
Destination: Cedar Falls, IA
Dates: October 2-4, 2019
Amount not to exceed: $670
e. Dana Jackson, Housing Inspector/Maintenance Supervisor
Class/Meeting: Iowa Association of Housing Officials Annual Classes and
Conference
Destination: Cedar Falls, IA
Dates: October 2-4, 2019
Amount not to exceed: $300
f. Jennifer Sparks, Permit Writer and Scott Strader, Combination
Inspector
Class/Meeting: International Building Code
Destination: Johnston, IA
Dates: September 11, 2019
Amount not to exceed: $608
Greg Ahlhelm, Building Official
Class/Meeting: 2019 Fire Prevention & Building Safety Education
Conference
Destination: Des Moines, IA
g.
Page 3 of 128
Dates: October 22-25, 2019
Amount not to exceed: $720
h. Jeff Siebel, Commercial Property Safety Inspector
Class/Meeting: 2019 Fire Prevention & Building Safety Education
Conference
Destination: Des Moines, IA
Dates: October 22-25, 2019
Amount not to exceed: $685
i. Pat Treloar, Fire Chief; Mike Moore and Ben Petersen, Battalion
Chief; Jason Hernandez, Medical Supervisor
Class/Meeting: Tri-State Emergency Responders Conference
Destination: Dubuque, IA
Dates: October 18, 2019
Amount not to exceed: $440
Tina Schellhorn, Electrical Foreman
Class/Meeting: National Electrical Code Update Class
Destination: Waterloo, IA
Dates: November 13, 2019
Amount not to exceed: $190
J
2. APPOINTMENTS
a. Nilvia Brownson
Board/Commission: Human Rights Commission
Expiration Date: August 19, 2022
New Appointment
3. Cigarette/Tobacco Permit New Application for K-Zar, Inc./Independence Liquor &
Food, 1761 Independence Avenue.
4. Recommendation of appointment of Martin Petersen to the position of City
Attorney, effective August 30, 2019.
Submitted By: Kelley Felchle, City Clerk
5. Bonds.
PUBLIC HEARINGS
2. Lease Agreement with the State of Iowa, represented by the Iowa Armory
Board, for property located north of 3106 Airport Boulevard.
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 approving Lease Agreement with the State of Iowa, Iowa Armory Board, for
property located north of 3106 Airport Boulevard, for the ground lease of 8.21 acres of
land with a lease rate of $1.00 annually, for a term ending December 31, 2069, with an
option to renew lease for an additional fifty (50) year period, and authorize the Mayor
and City Clerk to execute said documents.
Page 4 of 128
Submitted By: Noel Anderson, Community Planning and Development Director
3. FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981.
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.
NO BIDS WERE RECEIVED FOR SIDEWALK REPAIR.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
RESOLUTIONS
4. Resolution approving recommendation of the Public Works Division Manager to
proceed with maintaining recycling drop-off sites, a yard waste site and outsourcing the
collection and processing of recycled materials using voluntary curbside pick-up, for all
current and future Dwelling Unit customers and dwellings other than Multiple
Dwellings, as defined by 4-3-1 of city code.
Submitted By: Randy Bennett, Public Works Division Manager
5. 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: Randy Bennett, Public Works Division Manager
6. Resolution approving a Crime Prevention and De-escalation Training Grant
application, in the amount of $14,000 with no City match, to the Department of Justice/
Project Safe Neighborhoods Program.
Submitted By: Joe Leibold, Police Major
7. Resolution approving renewal of Crime and Fidelity insurance effective September 15,
2019, in the amount of $3,663.
Submitted By: Kelley Felchle, City Clerk
8. Resolution approving Brokerage Fee Agreement with Fischels Commercial Group, in
the amount of $6,000, in conjunction with the sale of property at the southwest corner
of Commercial Street and West 13th Street for the development of new data centers,
and authorize the Mayor to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
9. Resolution approving submission of an Electric Vehicle Charging Site Host application
to MidAmerican Energy, for charging stations to be located downtown near 225
Commercial Street, and authorize the Mayor to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution approving Property Exchange Agreement with The Salvation Army, for
properties located southeast of 55 Franklin Street and 415 E. 7th Street,
and authorizing the Mayor and City Clerk to execute said documents, and rescinding
Resolution No. 2019-455.
Page 5 of 128
Submitted By: Noel Anderson, Community Planning and Development Director
11. Resolution approving request of the Community Planning and Development
Department to seek proposals for convention center management services at the Five
Sullivan Brothers Convention Center.
Submitted By: Noel Anderson, Community Planning and Development Director
12. Resolution approving submission of a State Revolving Fund Water Resource
Restoration Sponsored Project Grant application, in the amount of $500,000, in
conjunction with a Dry Run Creek construction project.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
13. Resolution approving a RISE grant application for local development, designating the
Mayor as the official representative of the City, authorizing the Mayor to affix his
signature to said application, providing financial assurances in conjunction with same,
accepting responsibility for improvements to Shaulis Road, for a total project cost of
$5,000,000, and authorize the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning & Development Director
ORDINANCES
14. An ordinance adding a new 5-3-15 Unfair Use of Criminal Record 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 adding a new Title 5 Police Regulations,
Chapter 3 Human Rights, Section 15 Unfair Use of Criminal Record 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
EXECUTIVE SESSION
Motion to adjourn to Executive Session
15. Executive Session on the purchase of real estate pursuant to Iowa Code Section
21.5(1)(j)•
Motion to adjourn Executive Session
ADJOURNMENT
Motion to adjourn.
Kelley Fel chl e
City Clerk
MEETINGS
4:10 p.m. Council Work Session, Harold E. Getty Council Chambers
Page 6 of 128
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Leisure Services Commission Board minutes of July 9, 2019.
2. Community Development Board Meeting minutes of July 2019.
3. Board of Adjustment minutes of June 25, 2019.
4. Historic Preservation minutes of July 16, 2019.
5. Complete Streets minutes of June 18 and July 16, 2019.
Page 7 of 128
CITY OF WATERLOO
Council Communication
Minutes of August 19, 2019, Regular Session, as proposed.
City Council Meeting: 8/26/2019
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk Of& Ilipby, Nancy Approvc, 8/)0/)019 1 05 PM
ATTACHMENTS:
Description
D Minutes of 8/1 9/1 9
Submitted by: Submitted By:
Type
1::3Ckun lViateriai
Page 8 of 128
August 19, 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 19, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Julie Dawson, Housing Authority Director
156679 - Juon/Schmitt
that the Agenda, as amended, by deleting Ordinance Item #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, for the Regular Session on Monday, August 19, 2019, at 5:30 p.m., be accepted
and approved. Voice vote -Ayes: Seven. Motion carried.
156680 - Juon/Schmitt
that the Minutes, 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.
Proclamation Declaring August 19, 2019 as We Move Forward Day.
ORAL PRESENTATIONS
Marcella Gruver, 203 Miriam Drive, commented that she does not want Pride Fest to occur in
Waterloo next year.
Kathy Mahoney, 1400 Denver Street, commented that God created people in his image and likeness
and explained she supports having Pride Fest in Waterloo.
David Dryer, 3145 W. 4th Street, commented that citizens are not allowed to comment during work
sessions and believes that it limits their ability to have freedom of speech. He asked council not
limit speaking to two minutes and require people to call in to speak at a meeting.
156681 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
156682 - 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 19, 2019,
in the amount of $3,188,672.56, a copy of which is on file in the City Clerk's office, together
with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2019-613.
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-614.
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
Page 9 of 128
August 19, 2019 Page 2
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-615.
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-616.
5. 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 sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2019-617.
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-618.
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-619.
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-620.
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-621.
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-622.
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.
Resolution adopted and upon approval by Mayor assigned No. 2019-623.
b. Motion to approve the following:
Page 10 of 128
August 19, 2019
1.
2.
a.
b.
c.
d.
e.
a.
b.
c.
d.
e.
f.
g.
Page 3
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Angie Fordyce -
Community
Development
Coordinator and (1)
Intake Specialist
HOME Basics
St. Paul,
MN
October 7-10-
2019
$3,170
Randy Bennett,
Public Works
Manager and Sam
Barrett, Sanitation
Director
Iowa Recycling & Solid
Waste Management
Conference
Dubuque,
IA
September 30 -
October 2, 2019
$1,260
Tom Meyer and
Mike Gienau,
Street Foremen
Iowa Streets & Roads
Workshop & Annual
Conference
Ames, IA
September 17-19,
2019
$890
Rudy Jones,
Community
Development
Director
Reclaiming Vacant
Properties Conference
Atlanta,
GA
October 1-5, 2019
$2,350
Chris Ferguson,
Fire Marshal and
Lt. Brock Weliver,
Fire Prevention
Officer
Iowa Chapter of
International
Association of Arson
Investigators Annual
Conference
Cedar
Rapids, IA
September 11-12,
2019
$500
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Bamboo Ridge Campground,
4550 Hess Road
B Wine / C Beer
Renewal
9/14/2020
x
Cedar Valley Pridefest, 200
and 300 blocks of W. 4th
Street
C Liquor
w/Outdoor Service
New
8/25/2019
x
Lark Brewing Company,
3295 University Avenue
Special Class C
Liquor w/Outdoor
Service
New
8/25/2020
x
Riverloop Expo Plaza, 400
Jefferson Street *Premise
Update*
Special Class C
w/Outdoor Service
New
9/9/2019
x
Walgreen's #3590, 3910
University Avenue
*Ownership Update*
E Liquor
New
6/17/2020
x
Walgreen's #7455, 111 W.
Ridgeway *Ownership
Update*
E Liquor
New
6/17/2020
x
Walgreen's #10855, 1850
Logan Avenue *Ownership
Update*
E Liquor
New
6/17/2020
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Kory Carty
Design Review Board
August 22, 2022
Re -Appointment
Bari Richter
Main Street Waterloo Board
of Directors
August 19, 2022
Re -Appointment
Page 11 of 128
August 19, 2019 Page 4
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
156683 - Schmitt/Amos
that proof of publication of notice of public hearing on the 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., as published in the Waterloo Courier on August 9, 2019, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
156684 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
156685 - Schmitt/Amos
that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-624.
156686 - Schmitt/Amos
that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-625.
RESOLUTIONS
156687 - Morrissey/Amos
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-626.
156688 - Feuss/Amos
that "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 adopted.
Jim Chapman, 224 Bertch, commented that he does not want the city to require him to recycle. He
further commented that he took a ride down the street five blocks where an apartment is located and
they do not have a blue can. He stated that it is unfair to not require apartments to recycle.
Renata Sack, 414 Sunset Blvd., commented that she supports recycling and that it is the obligation of
residents to look out for the environment and recycle.
Forrest Dillavou, 1725 Huntington Road, commented that what is on the agenda tonight is different
from what he has heard in the past that it would require rental units to recycle. He stated that it is
Page 12 of 128
August 19, 2019 Page 5
also cumbersome to have three garbage cans on the street. He stated that it is an unfair tax, as it does
not apply to everyone in the community and would be in support of not making recycling
mandatory.
Don Share, 1415 Downing Avenue, questioned if the recycling locations will be eliminated.
Randy Bennett, Public Works Division Manager, explained that one site would be kept and given
increased security to monitor illegal dumping.
Dennis Hospodarsky, 1842 Liberty Avenue, commented that residents should not be forced to
recycle.
Michael Bayer, 129 Prospect Circle, commented that he does not support mandatory recycling and
asks that council reject the item.
Todd Obadal, 124 Amity Drive, commented that the program was originally presented and approved
as a voluntary program. He believes that recycling is a good thing to do but a large number of
community members take part in the program through the recycling satellite locations. He asked
that the council not make the program mandatory.
Kathy Mahoney, 1400 Denver Street, questioned if a waiver could be implemented for people who
already recycle voluntarily.
David Dryer, 3145 W. 4th Street, commented that the added cost for residents is just another tax and
he agrees with the suggestion for a waiver and that council reject the item.
Wayne Natham, 548 Cloverdale, commented that he does his own recycling and that he does not
want the program to be mandatory.
Margaret Whiting, 1974 Caras Road, commented that cities across Iowa and the country have good
mandatory recycling programs and everyone should take part in the program. She stated that the
program has many benefits.
Herbert Mohler, 1835 Liberty Avenue, commented that he is not in favor of the proposal because he
recycles himself and also that there will be people putting garbage in the recycling cans because the
one recycling site will not be enough.
John Sherbon, 1715 Robin Road, commented that additional cans in the street will create a problem
with street parking and asked council to think about this before signing any long term commitment.
Mr. Morrissey commented that he is opposed to the resolution and listed numerous reasons for his
objection to the proposed ordinance.
Mrs. Juon commented that she has received numerous phone calls and emails from residents and that
the majority are in favor as they see the value in recycling and that many people currently have a
blue cart but want an additional cart dedicated to yard waste.
Mr. Jacobs commented that bottom line, the cost to recycle is going up for a variety of global
economic reasons. In Waterloo, half the people want to make recycling mandatory and half do not.
In his ward, the majority do not want to be forced to recycle. He stated that the resolution should be
re-evaluated and that the program should not be mandatory.
Mrs. Klein commented that she supports the resolution. Constituents contacting her are at fifty-fifty
in favor of supporting the resolution, but she personally supports recycling.
Mr. Amos commented that he has not had a lot of contact on the issue but believes recycling is an
important service to provide the community and believes it should be mandatory as it has
environmental impacts and that the city is in a pinch with this service.
Mr. Schmitt commented that everyone supports recycling but that the question is whether making it
mandatory is right for the community. He commented that there are ordinances on the books that are
not being enforced and if they would be enforced it would help solve some of the issues with
contaminating recycling with yard waste.
Page 13 of 128
August 19, 2019 Page 6
Mr. Feuss commented that he has been contacted by residents and asked that it maybe be postponed
for two weeks to get more information and look at a waiver for residents.
Mayor Hart addressed some of the miscommunication that was evident from the various comments
and questioned if council would be willing to just place a no vote if they don't support the item,
rather than postponing the vote.
Randy Bennett, commented on the extensive research that was done in putting together this proposal
and efforts made to address various areas of concern and explained that the lack enforcement of
some ordinances is mainly due to manpower. He stated that there is no intention of eliminating staff
through this program, and that by outsourcing recycling, it would free them up to address other areas
that they've not been able to manage.
Mr. Morrissey commented that keeping recycling pick up in house will create cost savings over
time. He stated that a division needs to be made between refuse, recyclable, and yard waste and
believes the presentation is incomplete and does not want to see an independent company take over
what should stay with the city.
Michelle Weidner, Chief Financial Officer, commented that Republic is asking for a 4% increase
over time but wage increases is not an accurate comparison, as employee salaries, benefits, fuel
costs, etc. would likely need to increase as well. She stated that facility space will also need to
increase and that the city cannot maintain the same service at the same rate. The time is here to
address the issues surrounding recycling services whether this program is approved or another, but
continuing with what we have at the same rate is unlikely.
Mr. Amos clarified that based on the information provided, more staff would need to be hired to
complete the same service, which would increase costs over time.
Mr. Jacobs commented that people like the recycling collection centers but they could be better
policed. He questioned if it would be possible for Republic to provide curbside recycling only for
those who want it.
Randy Bennett commented that that particular proposal is an option but it would be more expensive
than the proposal on the table.
Mr. Jacobs suggested that perhaps Mr. Feuss' recommendation to table the item for a couple of
weeks would be a good idea.
Randy Bennett commented that he respects council's request to take additional time for
consideration and explained the various actions that would need to take place and the timing
constraints if a program was still to be implemented this year.
Mr. Schmitt commented that years ago there were more recycling centers around the city and that
number was reduced because people abused them. He stated the citizens would be more responsible
about recycling if the city would enforce the current ordinances.
Mayor Hart stated that departments struggle during every budget to add staff and that there just isn't
currently enough staff to enforce the ordinances.
Mr. Morrissey questioned if the city has looked into doing a transfer station in Cedar Falls.
Randy Bennett explained that Cedar Falls collects by commodity only whereas Waterloo is
comingled.
Mr. Morrissey asked if other options can still be explored.
Randy Bennett confirmed.
Mayor Hart asked what can be expected if the recycling program is not passed by council.
Randy Bennett explained that if the item is not approved tonight, the next opportunity to implement
either externally or internally will be spring of next year.
Page 14 of 128
August 19, 2019 Page 7
Mayor Hart asked if Republic Services could wait a week or two to give council an opportunity to
work together on a counter proposal they can support.
Matt Pivott, Republic Services, explained that it takes time to hire, train and deploy carts, but he
would be agreeable to wait another week.
156689 - Feuss/Juon
To postpone for one week. Roll call vote -Ayes: Five. Nays: Two (Morrissey and Klein). Motion
carried.
Mayor Hart asked that council work together in the next week to come up with something they could
pass.
156690 - Schmitt/Feuss
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-627.
156691 - Schmitt/Feuss
that "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", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-628.
156692 - Schmitt/Feuss
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-629.
156693 - Klein/Amos
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-630.
156694 - Klein/Amos
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-631.
156695 - Klein/Amos
Page 15 of 128
August 19, 2019 Page 8
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Forrest Dillavou, 1725 Huntington Road, questioned if the current cost of complaint mowing is $100
and where the new fee of $20 will go.
Michelle Weidner explained that the fees collected go to the code enforcement budget and the
administrative fee is not new. She stated that there is no minimum complaint mowing or snow
removal charge, it is whatever the contractor charges the city by an approved contract.
Mayor Hart questioned how the cost is determined.
Michelle Weidner explained that the cost may vary depending on the size and condition of the
property.
Resolution adopted and upon approval by Mayor assigned No. 2019-632.
156696 - Feuss/Morrissey
that "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", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned if the $12,920 is part of the change orders listed in item
17 for the same project and what is the total cost to improve the park.
Paul Huting, Leisure Services Director, explained that the $12,920 is for the design of the project
and the change orders in item 17 are for the construction portion. He further explained that the city
will spend roughly $60,000.
Resolution adopted and upon approval by Mayor assigned No. 2019-633.
156697 - Feuss/Morrissey
that "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", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-634.
156698 - Feuss/Morrissey
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-635.
156699 - Feuss/Morrissey
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-636.
ORDINANCES
Page 16 of 128
August 19, 2019 Page 9
156700 - Morrissey/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
over, under and upon a portion of Fairview Avenue", be received, placed on file, considered and
passed for the third time and adopted time. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5510.
156701 - Morrissey/Feuss
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-637.
156702 - Morrissey/Feuss
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-638.
OTHER COUNCIL BUSINESS
156703 - Morrissey/Feuss
that 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, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
156704 - Juon/Feuss
that the Council adjourn at 7:13 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 17 of 128
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as September 9, 2019 on the proposed issuance of not to exceed
$6,475,000 General Obligation Refunding Bonds, for essential corporate purposes, and instruct City Clerk to
publish notice.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department Reviewer
Finance nance 1 vcn y;:
ATTACHMENTS:
Description
D 2019 ECI c : u ridin ,
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Exp end iture Required:
Source of Funds :
Policy Issue:
Alternative:
Issue C70.
Action Date
A. vroved. 8/21/20
Type
C ver'Mem -
Resolution setting date of public hearing as September 9, 2019 on the
proposed issuance of not to exceed $6,475,000 General Obligation
Refunding Bonds, for essential corporate purposes, and instruct City Clerk
to publish notice.
Submitted By: Michelle Weidner, Chief Financial Officer
ECP -2 - Not to exceed $6,475,000 General Obligation Refunding Bonds for
essential corporate purposes, to provide funds to pay the costs of refunding
or refinancing outstanding indebtedness, including General Obligation
Bonds, Series 2011A dated June 29, 2011 and Taxable General O b ligatio n
Bonds, Series 2011B dated June 29, 2011.
Interest rates have declined recently, creating an opportunity for future
interest savings if the bonds are refunded.
The new principal amount plus interest will be required to be repaid in the
future.
Repayment will be made from various sources, including general property
taxes and tax increment revenue.
The issuance of bonds commits the city to future repayment.
The City could choose not to sell bonds and pay the higher cumulative
interest costs.
Page 18 of 128
CITY OF WATERLOO, IOWA
CITY CLERK AND FINANCE DEPARTMENT
KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer
Council Communication
Mayor City Council Meeting: August 26, 2019
QUENTIN Prepared: August 20, 2019
HART p g
Dept. Head Signature: Michelle Weidner
CO CIL Number of Attachments: None
MEMBERS
MARGARET
KLEIN
Ward 1
BRUCE
JACOBS
Ward 2
PATRICK
MORRISSEY
Ward 3
JEROME
AMOS, JR.
Ward 4
FEUSS
Ward 5
SHARON
JUON
At -Large
STEVE
SCHMITT
At -Large
SUBJECT: FYE2019 Essential Corporate Purpose Bond Issue Hearing
Submitted by: Michelle Weidner, Chief Financial Officer
Recommended City Council Actions:
Adopt a resolution to set the date of hearing as September 9, 2019 on the
proposal to take additional action for the issuance of not to exceed $6,475,000
General Obligation Refunding Bonds, for essential corporate purposes, to provide
funds to pay the costs of refunding or refinancing outstanding indebtedness,
including General Obligation Bonds, Series 2011A dated June 29, 2011 and
Taxable General Obligation Bonds, Series 2011B dated June 29, 2011.
Summary Statement: We are planning to sell $6,475,000 in general
obligation bonds to refund the balance of the bonds issued in June 2011. Interest
rates have declined recently, creating an opportunity for future interest savings if
the bonds are refunded.
Expenditure Required: The principal amount plus interest will be required to be
repaid in the future.
Source of Funds: Repayment will be made from various sources,
including general property taxes and tax increment revenue.
Policy Issue:
repayment.
The issuance of bonds commits the city to future
Alternative: The City could choose not to sell bonds and continue to
pay higher cumulative interest.
Background Information: NA
WE'RE WO `'ING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Page 19 of 128
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as
October 3, 2019 and date of public hearing as October 7, 2019, in conjunction with the Dry Run Creek
Interceptor, Contract No. 877, and instruct City Clerk to publish notice.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department Reviewer
`Vaste, Management Even, I: de.Anrm.
ATTACHMENTS:
Description
D 1) m Run C c ntcrc
SUBJECT:
P rojc #60330823
Action Date
Approve, 8/2,1/2,0
Type
�I vcku.p X14ate iaJ
Resolution approving preliminary plans, specifications, bid documents, etc .,
setting date of bid opening as October 3, 2019 and date of public hearing as
October 7, 2019, in conjunction with the Dry Run Creek Interceptor,
Contract No. 877, and instruct City Clerk to publish notice.
Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor
Recommended Action:
Approve the specifications etc. and taking of bids, and set the date of bid
opening and hearing.
Page 20 of 128
AECOM
August 20, 2019
Mr. Randy Bennett
Waste Management Services
3505 Easton Avenue
Waterloo, Iowa 50702
Subject: Request to Bid Project and
Set Date for Public Hearing
Dry Run Creek Interceptor
Waterloo, Iowa
City Contract No. 877
AECOM #60330823
Dear Mr. Bennett:
AECOM
501 Sycamore Street
Suite 222
Waterloo, Iowa 50703
www.aecom.com
319-232-6531 tel
319-232-0271 fax
The City of Waterloo recently obtained a construction permit and approved variance from the Iowa Department of Natural
Resources for the Dry Run Creek Interceptor project. It is the City's intention to bid this project with the estimated construction
completion late in the 2020 calendar year. An overview of the project is as follows:
The City of Waterloo has an existing lift station (Tower Lift Station) at the southeast corner of San Marnan Drive and Kimball
Avenue that is pumped into a sanitary sewer service area that regularly experiences surcharging and, at times, sanitary sewer
overflows during rain events. The City is going to replace this lift station and reroute the discharge to another area of the City
where there is sanitary sewer capacity to mitigate surcharging in the current service area (Service Area 19). The new lift
station will also be installed with increased capacity since the City of Waterloo anticipates significant growth in the upper Dry
Run Creek catchment area located in the south-central portion of the City.
The design year flow for the new Dry Run Creek Lift Station is 2,500 GPM (3.6 MGD). The following are components of the
Dry Run Creek Lift Station design:
1) The force main from the Dry Run Creek Lift Station is 12 inches in diameter. The force main discharges to a new
interceptor sewer which conveys wastewater to the Texas Street Lift Station.
2) The Dry Run Creek Lift Station is designed such that it can handle current flows using smaller pumps, while providing
the City the capability of installing larger pumps in the future as the area develops.
3) The electrical and mechanical portions of the station are designed such that the pumps can be replaced in the future
without extensive electrical and mechanical works.
4) The force main and gravity mains are sized to handle the future condition.
5) The lift station is provided with a 12 -foot diameter wetwell.
6) A new 750 KW generator and associated SCADA system will be provided at the Texas Street Lift Station. The Texas
Street Lift Station is a large station (three 75 HP pumps) that currently does not have any backup power. The purpose
of adding the generator is to provide backup power at this station.
We are requesting permission from the City Council to bid this project with a bid date of October 3, 2019, and a public hearing
date of October 7, 2019.
If you have any questions or need additional information, please let us know. Thank you.
Yours sincerely,
Ross A. Hillsman, PE
P:\60507078\600_Construction_Support\670_Change-Orders\2019-01-16 Trnsmtl to SH - CO #1.docx
Page 21 of 128
CITY OF WATERLOO
Council Communication
Resolution approving renewal of general, automobile, public official's errors & omissions, law enforcement
and employment practices liability coverage with Travelers Insurance, excess liability coverage with Allied
World, umbrella liability coverage with Brit, property insurance coverage with Chubb, workers' compensation
stop loss coverage with Safety National, and workers' compensation claims administration with Alternative
Service Concepts, for a total premium and payment of $1,680,461, with recommendation of approval from the
Insurance Committee, and rescinding Resolution No. 2019-486.
City Council Meeting: 8/26/2019
Prepared: 8/20/2019
REVIEWERS:
D epartment
Clerk . ffice
SUBJECT:
Reviewer
1 y, Nancy
Action Date
Apwved 8/20/2019 ,,,,,, 12:57' p
Resolution approving renewal of general, automobile, public official's errors
& omissions, law enforcement and employment practices liability coverage
with Travelers Insurance, excess liability coverage with Allied World,
umbrella liability coverage with Brit, property insurance coverage with
Chubb, workers' compensation stop loss coverage with Safety National, and
workers' compensation claims administration with Alternative S ervic e
Concepts, for a total premium and payment of 81,680,461, with
recommendation of approval from the Insurance Committee, and rescinding
Resolution No. 2019-486.
Submitted by: Submitted By: Kelley F elchle, City Clerk
Recommended Action: Recommended for approval.
Summary Statement:
The dollar amount approved in the resolution approved on June 24, 2019
included the cost of workers' compensation stop loss coverage with Safety
National ($168,200) and workers' compensation claims administration with
Alternative Service Concepts ($23,001) but did not note in the resolution title
that the stop loss coverage and claims administration was included in the
total dollar amount of $1,680,461. This resolution is submitted to correct
this error and allow payment to Safety National and Alternative S ervic e
Concepts.
Page 22 of 128
CITY OF WATERLOO
Council Communication
Recommendation of appointment of Martin Petersen to the position of City Attorney, effective August 30,
2019.
City Council Meeting: 8/26/2019
Prepared:
REVIEWERS:
Department Reviewer
Clerk Office IFelehle. 1"<.cln:
ATTACHMENTS:
Description
D Orgar iat :or -
D job i) e c ipt .on.
• uestton1i,aiir"e
D ersonnel 1tea
SUBJECT:
Submitted by:
Expenditure Required:
,y.
Action Date
Approves . 8/21/20 9 3
Type
.Materia.
acki. ,: M ate"n.ia
13 ac. < u: Ni at e ria
ack:u.p M ateraii. 1.
Recommendation of appointment of Martin Petersen to the position of City
Attorney, effective August 30, 2019.
Submitted By: Kelley F elchle, City Clerk
Salary: $115,000
Benefits: $37,273
Total: $152,273
Please note, the attached personnel requisition form lists the position as a it
was structured under the previous city attorney. This is a full time, 80 hour
per week position that will continue to oversee Code Enforcement.
Page 23 of 128
°? F
4 E -1 w
p=4
w4 -2
F C,) .)
g g 2
Q . A2
a W N
44 w
Al
0
*4 �
A
WO
av
N
0
.C.3
Code Enforcement Foreman
Code Enforcement Officers (2)
ct
CA
02/15/2018
Page 24 of 128
DEPARTMENT
SALARY
FLSA
CIVIL SERVICE
BARGAINING UNIT
.
.
.
•
CITY ATTORNEY
CITY ATTORNEY'S OFFICE
$115,000
EXEMPT
NOT INCLUDED
NON -BARGAINING
GENERAL STATEMENT OF DUTIES
Professional and administrative position appointed by City Council and under the general direction of the Mayor.
Considerable leeway is granted for the exercise of independent judgment and initiative. Responsible for providing
professional legal advice and ensuring professional representation for City departments and employees in civil and
criminal cases. Supervises the legal department secretary and Code Enforcement employees.
EXAMPLES OF ESSENTIAL FUNCTIONS
(Illustrative Only)
These functions are considered essential for
successful performance in this job classification.
1. Represents the City of Waterloo in the areas
of civil litigation, civil rights complaints,
employee grievance issues and related court
cases.
2. Prosecutes criminal, traffic, and municipal
infraction cases as necessary.
3. Provides legal advice, counsel and course of
action recommendations to City departments
on a variety of issues.
4. Represents the City in pretrial conferences,
including research and negotiation with all
involved parties.
5. Prepares cases for trial, examining law and
evidence.
6. Prepares and interviews witnesses presenting
evidence for the City to ascertain that
evidence is complete and will be well
presented.
7. Studies City, State, Federal and general
municipal law for information and precedents
having a bearing on City legal problems.
8. Provides legal advice, opinions and training
to City Council, City officials, City boards,
standing committees, commissions and other
City agencies.
9. Researches, prepares and compiles proposed
ordinances and resolutions and amendments
to existing ordinances.
10. Conducts yearly evaluation of legal secretary
and Code Enforcement employees.
11. Keeps City staff fully and accurately
informed concerning work progress,
including present and potential work
problems and suggestions for new or
improved ways of addressing such problems.
12. Responds to citizens' questions, complaints
and comments in a courteous, respectful,
timely and appropriate manner.
13. Communicates and coordinates regularly
with appropriate others to maximize the
effectiveness and efficiency of
interdepartmental operations and activities.
14. Prepares, reviews and approves contracts,
leases and other documents for City
activities, programs and real property.
15. Makes presentations and conducts training
for City departments regarding sexual
harassment or other legal issues, as requested.
16. Attends department head, budget, and other
meetings as requested by Mayor.
17. Regularly attends City Council meetings and
provides legal advice and opinion during
regular, special, and executive sessions.
Page 25 of 128
Meetings are held in the evening and may
occur on weekends.
18. May assist with union negotiations.
19. Compiles reports, performs data entry and
completes forms on personal computer using
the applicable software.
20. Maintains effective communication with City
Clerk, Police Department, County Attorney's
Office, elected officials and other City
departments.
21. Works independently and with others with
limited supervision.
22. Attends work regularly at the designated
place and time.
23. Performs all work duties and activities in
accordance with City and Attorney's Office
policies, procedures and safety rules.
24. Provides advice and makes recommendations
to City Council on trial strategy, evaluates
and makes recommendations on potential
settlements.
25. Performs any other related duties as
requested or assigned by the mayor or a
quorum of council.
REQUIRED KNOWLEDGE & ABILITIES
1. Thorough knowledge of the following:
a. civil and criminal law;
b. principles, practices, methods,
materials and references utilized in
legal research;
c. legal practices and procedures;
d. municipal law, torts, contracts, civil
rights, administrative processes and
real property law;
e. appellate practices and procedures;
f. local and State misdemeanor laws
and procedures;
State and Federal statutes and
regulations pertaining to municipal
government.
g.
2. Ability to negotiate and persuade individuals
and groups.
3. Ability to present routine and complex issues.
4. Ability to communicate effectively, orally
and in writing, using technical and non-
technical language.
5. Ability to understand and follow oral and
written policies, procedures and instructions.
6. Ability to prepare and present accurate and
reliable reports containing findings and
recommendations.
7. Personal computer skills and ability to learn
related software applications, enter and
retrieve information on a computer, develop
computer-generated reports and update
records.
8. Ability to use logical and creative thought
processes to develop solutions according to
written specifications and oral instructions.
9. Ability to perform a variety of duties and
responsibilities accurately under pressure or
time -sensitive deadlines.
10. Ability and willingness to quickly learn skills
and knowledge brought about by rapidly
changing information and technology.
11. Ability to perform assigned tasks with
integrity, ingenuity and inventiveness.
12. Ability to supervise, direct, monitor and
review staff.
13. Ability to respond to questions from the
media, elected officials and the general
public tactfully and in a clear, concise and
easily understandable manner.
14. Ability to maintain effective working
relationships with elected officials, City
employees, County Attorney's Office and
other local attorneys.
Page 26 of 128
15. Ability to work with people from a broad
variety of social, economic, racial, ethnic and
educational backgrounds.
ACCEPTABLE EXPERIENCE & TRAINING
1. Juris Doctorate from an accredited college or
university with minimum one year
professional legal experience.
2. Licensed to practice law in the State of Iowa.
3. Personal computer skills and experience
using Internet for research purposes.
4. Municipal or county government experience
preferred, but not required.
ESSENTIAL PHYSICAL ABILITIES
The following physical abilities are required with or
without accommodation.
1. Sufficient clarity of speech and hearing that
permits the employee to communicate
effectively with other employees, elected
officials and when appearing in court.
2. Sufficient personal mobility that permits the
employee to operate a passenger vehicle
safely, move from one City department or
facility to another, attend court and attend
meetings at non -City facilities.
3. Sufficient vision that permits the employee to
operate a personal computer and observe a
variety of written material in electronic and
hard copy form.
4. Sufficient manual dexterity to operate a
computer, handle files and large books and
perform other administrative responsibilities.
MISCELLANEOUS
1. The City of Waterloo will conduct a
background investigation including
employment and criminal history checks on
any applicant being considered for this
position.
2. If driving a City vehicle must have Iowa
Driver's License and good driving record
based on City of Waterloo insurability
criteria.
WORK SCHEDULE
8:00 a.m. to 5:00 p.m. Monday through Friday with
one hour unpaid lunch. Must also be available
outside these days/hours for department or City
activities or related meetings that require the
attendance of the City Attorney.
Page 27 of 128
PE SONNEL REQUISITION
{insert Job Title]
t%trfle\/
The following questions are provided as guidelines to assist you in developing your
rational for the position of {insert Job Titlefin the (insert name} Depending
upon your situation, some questions may or may not apply. Please provide written
responses to these questions as part of your preparation for meeting with the Mayor.
(1) What are the key job responsibilities of this position?
Scc oftach-cd,
(2) Can the job responsibilities of this position be assigned to other employees
within the department? If no, why not?
(3) How is the work of this position being accomplished now?
Are the filled positions in your department currently being utilized to their
maximum potential?
How would filling this position meet the needs of your department or the City
on either a short -tern basis (if temporary position) or a long -tern basis (if a
regular position)?
What cost savings or revenues, if any, would your department or the City
realize if this position is filled?
(7) If you are paying overtime or comp time within your department to
accomplish this work now, how much overtime or comp time has been paid
out or earned that is directly attributable to this position and over what period
of tine?
(9)
How has the work load or demands of your department changed in
comparison to your staffing levels over the past three fiscal years? Provide
statistics if possible.
If this position is not filled, what affect will it have on your depannt?
What work will not get done? What costs will you incur? Please be as
specific as possible.
(10) How do you cover the responsibilities for this josition whenever the
incumbent is out on vacation?
Page 28 of 128
(11)Is it possible that the City could outsource this position to an outside
agency? If so, what savings, if any, would the City realize as a result of this
change?
(12)How would you rank this position in terms of its contribution to City
business in comparison with other positions reporting to you?
(13)How does this position impact the Goals and Objectives for the City adopted
by the City Council?
Note: Forward completed questionnaire to Human Resources
Department with original copy of Personnel Requisition form.
Page 29 of 128
City Attorney- PERSONNEL REQUISITION ANSWERS
1. Too extensive to list here. Please see City Attorney job description
attached hereto.
2. Outside attorneys are personally being used to bolster disposition. There
are no other attorneys in the department. Outside attorneys are compensated at
$14OE00 and up per hour.
3. A single City Attorney and Secretary, along with outside attorneys used as
needed.
4. Yes.
5. Its mandatory that the City of Waterloo has a City Attorney.
6. Unknown at this time. It would be extremely expensive to outsource this
position. Position currently pays $56.1O per hour for 72 per bi-weekly. Outside
counsel begins at $140.00 per hour minimum up to $300.00 and $400.00 per hour.
7. No overtime or comp time is being paid. The 72 hours noted above, does
not include the attendance at City Council Meetings, and/or meetings after hours
or during budget time.
8. The workload and demands have remained fairly consistent for the past
three fiscal years. Prior to having an "in-house" City Attorney, monthly costs
for the City each month were $1,800.00 per month retainer, plus monthly billings
of approximately $10,000,00 to $13,000.00 per month. With "in-house" City
Attorney, there is no retainer paid, monthly billings average $1,500,00 per month
for overflow. That is how much in-house absorbed from over 5 years ago.
9. Outsourcing would be costly. There will be delay time in departments
getting answers to questions or access to City Attorney. All departments use the
City Attorney. Cost by each department incurring legal bilis may not be in certain
department's budgets. Minimum is $150.00 per hour with no immediate access.
City Attorney in-house is $56.10 per hour. Also need someone to handle traffic
trials for City which occur two Mondays a month (both morning and afternoon)
and one Thursday afternoon. Even with the City Attorney as we have it now, we
still send overflow work to Attorney, Chris Wendland at $140.00 per hour.
......y-�..,....�...t..�...,...,...,...•--,.�..A.,, ,.r:'�-,.%.;-.rte.,-r,��a r., ..t.. ._.....�..�.-,
11
10. Chris Wendland, of Clark, Butler, Walsg& Hamann, has been providing
overflow work for the City of Waterloo for a nu$e50 .bo tv r t
S�lk n tial !f
F,�i*
a cost to the City of$140 .00 per hour. Soon to.00
Page 30 of 128
11. Outsourcing this position to an outside legal firm. was the norm prior to
2015. However, there was always an assistant city attorney, providing services
full-time in the City Hall building. That is no longer the case.
12. The City Attorney has dealings virtually with every department in the City
at some bine during the year. Advice and representation as needed.
13. By offering advice to all departments and giving representation, it is hoped
that more mistakes can be avoided, liability can be kept to a minimum, and the
whole organization can run more smoothly.
:t'.4aa.-.m....-.�...x�.,-�.w.�.,4•,,....,.,r.�„wr.r��.tt'�3..�.� .�x,..�.:�-�-.x�.�.-t'f'Yx,: J,•..s..�-....�:.... ...��
Page 31 of 128
PERSONNEL REQUISITION FORM RECEvEo iN
Check as applicable: El To start recruiting or civil service process and/or
❑ Active Civil Service List Expires:
To fill a vacancy
A proposed job description and questionnaire must accompany this form at time of submission to
Human Resources.
Position Title: City Attorney Department: Legal
Reports To: Mayor, City Council Work Location: City Hall
Employment Status: El Regular Full Time n Temporary Full Time from to
IJ Regular Part Time D Temporary Part Time from to
0 Regular 7 -Month EJ Intern Co-op Student from to
Type of Position: Recommended Recruitment Sources:
Civil Service Position: fl Yes fl No ❑Internal Posting Only
Bargaining Position: ❑ Yes D No ril Internal Posting and External Advertising
Bargaining Group:
Non -bargaining Position: F Yes El No
Complete the following if the requisition is to fill a vacancy:
fl New Position or ri Replacement Position for: David R. Zellhoefer
(Specify name and title of former incumbent)
If replacement, former incumbent: fl Retired/1l Retired/RXWORMaatiaita ❑ Transferred 0 .Promoted
Date incumbent terminated employment: 8-2-19
Date of final payout: Aug . 2019
Anticipated start date: — —14o. of hours/week: 72 Work schedule: I—I
Justification of need for position: City must have City Attorney. 72 hours does not include
City Council Meetings. This also affects Code Enforcement as City Atty is
Dept head for Code Enforcement .Wages paid out of Legal and Sanitation funds.
What are the likely consequences if the position is not filled?
Not an option.
APPROVALS
Annual salary req irennent : 1 5 , 225. Hourly Rate: $56.10 Benefits:
(Payroll taxes, pension, health iris.- assuming family)
Is position budgeted for this and future FYs ? ri Yes El No Ino, how will position be funded?
Approved subject to the following conditions:
Chief Financial Officer
Date
Human Resources Committee Chairperson Date
Created 6130/2017
Human Resources Director
Date
Page 32 of 128
CITY OF WATERLOO
Council Communication
Bonds.
City Council Meeting: 8/26/2019
Prepared:
REVIEWERS:
Department Reviewer
ngineering Ihpby, Nany
Action Date
A pprovc, 8/)1/)019:39 AM
ATTACHMENTS:
Description Type
D ands k) ou ci 1- - • - val.. 8.26. 9 13ckup Matcnd„1.
SUBJECT: Bonds.
Page 33 of 128
BONDS FOR COUNCIL APPROVAL
August 26, 2019
RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00
3402502
TOJO CONSTRUCTION INC. WATERLOO, IA
Page 34 of 128
CITY OF WATERLOO
Council Communication
Lease Agreement with the State of Iowa, represented by the Iowa Armory Board, for property located north
of 3106 Airport Boulevard.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department
& . un
Clerk Office
ATTACHMENTS:
Description
Map of Lease area
lease Agreement
SUBJECT:
Reviewer Action Date
a
c. mroec: er, .rmc Approve 8/21/2,0 9 1 AM
Even, ,.. cAlin Approves 8/21 20 19 .1 6 AM
Type
ack p , e� n.m and
3 ac. < u : :Material
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 approving Lease Agreement with the State of Iowa, Iowa
Armory Board, for property located north of 3106 Airport Boulevard, for
the ground lease of 8.21 acres of land with a lease rate of $1.00 annually, for
a term ending December 31, 2069, with an option to renew lease for an
additional fifty (50) year period, and authorize the Mayor and City Clerk to
execute said documents.
Submitted b Submitted By: Noel Anderson, Community Planning and Development
y Director
Recommended Action: Approval.
The National Guard is looking to expand their footprint in Waterloo. The
City of Waterloo has owned land adjacent to their site since 1997 and has
been leasing a portion of that land to the National Guard since 2006. With
Summary Statement: the space the National Guard will be constructing additional buildings and
will also have more space for truck parking/maneuvering. The new fac ilitie s
will also allow for additional training to take place in Waterloo for
surrounding National Guard units.
Expenditure Required: None
S ource of Funds : N/A
Policy Issue: Land Use
Lease Area Description:
PARCEL 1: TRACT A, MIDPORT AMERICA PLAT NO.1, CITY OF
Page 35 of 128
Legal Descriptions:
WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA.
and
PARCEL 2: TRACT B, MIDPORT AMERICA PLAT NO.1, CITY OF
WATERLOO, BLACK HAWK COUNTY, STATE OF
IO WA,EXC EP T: That part of said Tract "B" lying North of a line which
begins at a point on the East line of Tract "B" which is Four Hundred
Twenty (420.0) feet South of the Northeast corner of said Tract "B", thence
N90°00' 00"W Seven Hundred Ninety (790.0) feet to the West line of said
Tract "B" and point of termination. ALSO except: The North 100 feet of the
West 360 feet of that part of said Tract "B" lying south of the parcel shown
on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in
the records of the Black Hawk County Recorder.
Page 36 of 128
I�iilll �IV IiIIIII�i19I1�,4Vlal'
I�I.1101111111111111111111111111111111111,0"
IIIIIIIIII IIIIII�IIII''; I1111Vi� �III'l rrvllll Il imp
I
.�� NIIIIN
1111111111111111111111111111111111 1111 II I III III1111W
11111111111111111111
MIDPORT BLVD
1111111111111111111111111111111111
illlll!!!!!ul
p''fl;;!'su''I`Itll
II 1,1,(1
�q I I111�'"ili�h'il inAV n' mi'' 1III1I�IIIIIN�I'II
IIIIIrvl' I°' 'lil`
I ,IIS
I �I
u I uNll I I IM
�dfp"'dI''u'I11iP°i;'!I'pplliiiII"II�I""1i�lilllI�II�!!Viii„p111'°'
IIIpII�II�gI��,IpIhIII�II,;,N�'!�li��'iio� vNuIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III II III 11111111111111111111111111111110000BIW
IIIIN� 1111n l
'�I�II,�II���J„ i u I';'•m�l'uI�u�i,^'ill"„' 9pV4��„""'IlNll� MM' uml�� � II
Ixuu'ix'II'llllll l m..IIImINIIIIIIII�IIxiIII.a�P"Pi� � u �j�lplllulllq�uYp^I
11 pNu
IVIi �' Imi1i11i�l1 11WI111111IIII� 11IIIIIIIIIIIIIIIII1IIII�
� �xllollnnONHlI q
III I, p, I I
m1�1'"1III11I 1111, 1111111"I,11Im1u1111�11I1ll1 II�IIlulqulu11 IIII I I IIIIIIIIIII
I0I� 0 0001 IIV �ryII IIIIIIIIII 11111111111
III
�IIIIIIII
IIi'11'',s'�1 �"IIuIIIVNIIm 14Y'��,Ub�� �IlUll�'@'luw'�'VIu�mV1^^'I, IIh 19111u1 V lh �� dl,Nl I, .
„III'
II
' liiiiiilllllllll�ltll
11111111
uYlu
ri..'
, i " I..
11„IYIIII'lll�lllllllll�'lll„ �II�,
Illlliiii u. �
III
I slll�
,11,71 III � III
III 1
I oll�
u •,II I
d I
of
.o I
l. ..I
l
I;IVII.'91 I ' lipi' I;iV,0!I!II,
Iwm
N Id IIIII�
II
I
II �µ �.
1hl� liil�lil�'
➢W� ,111'141,,^�INI!Ilnos' N"Illli
1111111111111111111111111111111111111
,II�IIV ov
1111111111111111111!"1
lllllllllllll II
iiiiiiil
101111111111111110,1
Im
pllfliV!'N''r'Nll.'V
8lwlq'9.I'pW'Imu�uWi^ i'VII
poon1,1III11111
8.21 Acres to be Leased
1010010
� nHuu"u I II I I IIIIIIIIIIIII I
moo �olio I�11W0I'IVI111 IVVi 00 IVIVIII N� III I11IIIII I
NYI
� ,IImII
I 1 II
I iyY,IVVu
1I1I11�4�iII�I;W�qY'"';;I�';II�"'lllllluuu I
10010 1'1110111
�"loll I INII�'VI �'"IIV„d
yy II
alll(lIIT
111,''1111 V,I I it � l� IIII W I II
m li
b iyuluw
I, lieu, mdlm,uo,,,ll�lli �� l �� o�u;r,ltlllll V� ��
'�Iltlllll�ll'�pIt; I I I�,plre',
u, ,� �� 11�irv, ullll luu����auuulllllll°IIIIII',IIIIIiiiV"""'�',i�� ��11i���;!!IA'� � 1�
100„0,0u.11
Illl'llllllll,
I� Ivl lllllll�I�'�r'�'U�;I!!p'
I11!111000000000,1111101010111111111111110111111011,0111111100001111,
N
'1,'111,111111„,',„,(1111111 IVl'1IIIIIIIIIII!pugl!„” ,
�III
I lou
VIII 11,11llllll,„,„
uul��l�� lll��ll'�Vl;llj�,yy,o',�r^
,II Il,i,,,!,14"I",,I�Ipilullufll
I�.eIIM.I'fVlMll xll ''!�'i iu���li
'°IIII Iliiill”
IIIIII ,'ll',
WAIRLINE HWY
ijgeli. 1I,VV
111111111111111111111111111111111111111111111111111111111111111111
��IIIIVV'N"ii 1 . ui l^^IIII.i
�!lilll�� �I��I'I'9pllll
VIIu;�lilllY'ilp'IIIIII'III��IIII��1;',Illlll�i''I
10011"91I10101li110
i!!pl'lll
■
p!Wlld;;llldll,l
I�b���lll'VVII gill 11
II
',1 11iiii))�lllllllil1
duull "
11111100,010000100011101000001°0 ”
IdI.
�lil, IIIiVN Ilwl ,
VIN', � ITS 1' I ..,,I„u � dill"�'lll4'ii,;livN AI
^'I'mll,lll�'t" Ilu'll'v"li^r� �^1114 "uNlll�lllll9l
wl 118'IVI''N' ”^"�vl'II'''Ip II INV Joou'„
'1 VII I �uMup�iili! �Y I'q',IIIY� Ilul'1III
1,1111,11,,11,' I I' I� xxl l FNM a ;ih�dul�uul�I�11Vu � 1
�116umuV'lulu Iudm�rvlVkl'��!I�''i,'II �IvIJiPI'IY��'.,Sv,ilVl'iNl!Y'ill�� �il i
�il�mYl�I"IIII�IV
ow."41IIV"���'�I'x...��v'�IYIi"�!Ilil�ili�'�I!Illlf�l'ull!I!I�I, I�'l��
'111,11,:1/1,10,1,0111'1111,11
IllilitiIIIlllllli1Illllllllllllllll
m1i� mlllllllllll11111
�HIII uudul n ,IIII 1 � '
Illlllllllllln
„„ „Ill 11
BROADWAYST
,I', ' ' .I' IIII. 'II��,�,'1,
;�;I,'''�',��'IIII�,I'^ .�Iw;i'�,II'I!VI!�� ullll'�"^181I�,IIrIM�u�,Mul'v��1�� 'I"'��IrI��PI'���iidV�dl
I��I� '7N. 'I� I. II.
�m I� 8 "i�
In IN IiIYI' �II'Y'' I��'VI IJ!I I � Nus
v'mV;'.IiIIIIVrc^VI'�'1101YIIIIIVIV �� �V, �m t and � ' IVhwIm���I!IIIIIIII'"I"� .. '""........,wwwv"Nldnwl emu I Iluuuuuuuuuum ,,1
VIIVI�i",I'�ilxlYl'V���Ii�N;,'p^iluu�i'llllll�
Note
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed for the accuracy of the data delineated herein,
either expressed or implied by Black Hawk County, the
Black Hawk County Assessor, or their employees.
The City of Waterloo makes no warranty, express or
implied, as to the accuracy of the information shown
on this map, and expressly disclaims liability for the
accuracy thereof. Users should refer to official
plats, surveys, recorded deeds, etc. located at the
Black Hawk County Assessor's Office for complete
and accurate information.
City of Waterloo, Iowa
W+E
s
Page 37 of 128
LEASE - MUNICIPAL PROPERTY
Recorder's Cover Sheet
Preparer Information: (name, address and phone number)
Seth D. Dodge, 4201 Westown Parkway, Suite 250, West Des Moines, IA 50266, Phone: (515) 283-
1801
1LT Seth D. Dodge, JAG 671st TC, JFHQ, IANG
Taxpayer Information: (name and complete address)
State of Iowa
Vo Iowa Armory Board
7105 Northwest 70th Ave.
Johnston, IA 50131
Return Document To: (name and complete address)
Iowa Armory Board
7105 Northwest 70th Ave.
Johnston, IA 50131
Grantors:
City of Waterloo
Grantees:
State of Iowa, Iowa Armory Board
Legal Description: See Page 2
Page 38 of 128
LEASE AGREEMENT
FOR
CITY -OWNED PROPERTY
This Lease Agreement (hereinafter, the "Agreement") made the day of
2019, between the City of Waterloo, a municipal corporation, hereinafter referred to as the "Lessor" and
the The State of Iowa, represented herein by the Iowa Armory Board, pursuant to Iowa Military Code,
Chapter 29A.57, or its successor provision, hereinafter referred to as "Lessee" (collectively referred to as
"the Parties").
WITNESSETH:
1. PREMISES. The Lessor hereby leases to the Lessee the following premises, locally known as the
Iowa National Guard Armory and Field Maintenance Shop, 3106 Airport Blvd., Waterloo, Iowa (and
adjacent property), and legally described as follows (hereinafter, the "Premises"):
and
PARCEL 1:
TRACT A, MIDPORT AMERICA PLAT NO.1, CITY OF WATERLOO, BLACK HAWK
COUNTY, STATE OF IOWA.
PARCEL 2:
TRACT B, MIDPORT AMERICA PLAT NO.1, CITY OF WATERLOO, BLACK HAWK
COUNTY, STATE OF IOWA,EXCEPT:
That part of said Tract "B" lying North of a line which begins at a point on the East line of Tract
"B" which is Four Hundred Twenty (420.0) feet South of the Northeast corner of said Tract "B",
thence N90°00'00"W Seven Hundred Ninety (790.0) feet to the West line of said Tract "B" and
point of termination.
ALSO except:
The North 100 feet of the West 360 feet of that part of said Tract "B" lying south of the parcel
shown on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in the records of
the Black Hawk County Recorder.
2. INITIAL TERM. The term of this Agreement shall be for a period of fifty (50) years commencing on
the first day of , 2019 and ending on the last day of , 2069. Lessee shall have
the option to renew this Agreement as provided in Section 3, or otherwise by mutual written agreement
of the parties.
3. OPTION TO RENEW. So long as Lessee is not in default under the terms and provisions of this
Agreement during the final six (6) months of the initial term, Lessee shall have the right and option to
renew this Agreement for an additional fifty-year term ("Option Term") with the same terms and upon
the same covenants, conditions and provisions provided in this Agreement. Lessee shall exercise such
option, if at all, by giving written notice to Lessor not less than ninety (90) days prior to the expiration
of the initial term. If Lessee fails to give such notice to Lessor, the Parties covenant and agree that the
Page 39 of 128
terms of this Agreement shall continue in force and effect for successive terms of one (1) year each,
until such time as the Lessee shall give notice of termination or as otherwise agreed by the Parties.
4. TERMINATION. Lessee may terminate this Agreement at any time upon thirty (30) days' advance
written notice to the Lessor. Said notice shall state the effective date of the termination, which date shall
not be less than 30 days from the date of written acknowledgment of receipt by Lessor, or from the date
of mailing said notice to Lessor.
5. CONDITION OF PREMISES UPON TERMINATION. The Parties acknowledge that the Lessee has
developed and improved the Premises, including the installation of several buildings. The Parties
further acknowledge that Lessee intends to continue to improve the Premises at its discretion. Upon
termination of this Agreement, the Lessee is not obligated to restore the Premises to its previous
condition. Lessor acknowledges that the improvements may remain with the Premises in their then -
current condition. Lessee is neither obligated to remove any structures or improvements, nor restricted
from removing any structures or improvements, upon termination.
6. RIGHT OF FIRST REFUSAL. Lessor hereby grants to Lessee, a right of first refusal to purchase the
Premises. Such right of first refusal shall continue during the term of this Agreement, as well as any
extension or renewal period. Lessor shall promptly notify Lessee of any bona fide offer for sale of the
Premises. Upon receipt of such notice, Lessee shall have sixty (60) days to exercise its right of first
refusal. Lessee shall have the right to complete any due diligence to review the third -party offer in order
to determine if it is a bona fide offer in good faith. If Lessee exercises its right of first refusal, such
transaction shall be on substantially similar terms to the third -party offer. Any purchaser, or successor
in interest to the Lessor, shall take title subject to the provisions of this Agreement.
7. POSSESSION. The Parties acknowledge that Lessee is currently in possession of the Premises.
8. RENT. Lessee agrees to pay Lessor rent of fifty dollars ($50), due and payable on the first day of the
Initial Term
9. LEASE TERMINATIONS. The Parties hereby agree to terminate the following existing lease
agreements with the City of Waterloo and the State of Iowa, Iowa Armory Board, or Iowa National
Guard, impacting the premises, effective on the first day of July 2019:
A) Lease Agreement dated 9 September, 2002 (Midport America Park Plat 1, Tract A), which
lease was recorded on 27 September, 2003, in Book 2003, Page 08346 of the County Records.
B) Lease Agreement dated 19 June 2006 (South 125' of Tract B, Midport America Plat 1), which
lease was not recorded.
10. CARE AND MAINTENANCE. Lessee agrees to maintain the Premises in a safe, serviceable, clean
and presentable condition, except for repairs and replacements to be made by Lessor. Lessee shall
make all repairs, replacements and improvements to the improvement on the Premises. Lessee may
make any such improvements, structural changes, or alterations without the prior written consent of
Lessor.
11. UTILITIES AND SERVICES. Lessee shall pay for all utility services utilized by Lessee within the
Premises, including heat, water (including sewage charges and/or taxes based on water consumption),
gas, utility and any other utility services used or consumed by Lessee within the Premises. Lessor shall
not be liable for damages for any utility failures, or for any stoppage for needed repairs or for
2
Page 40 of 128
improvements of utilities or arising from causes beyond the control of Lessor, provided Lessor uses
reasonable diligence to resume such services if such services are provided for, maintained by, or under
the control of Lessor.
12. IMPROVEMENTS. Lessee may construct, own and maintain at Lessee's expense, all
improvements on the premises. In connection with any physical improvements that Lessee desires to
make to the Premises, Lessee will provide a site plan to Lessor for review. Construction of
improvements shall be in substantial conformance with plans as submitted to Lessor. Lessee shall
provide written notice to Lessor of any substantial change to the plans prior to completion of the
improvements. Within 2 years from the date of this Agreement, Lessee shall commence construction
of parking and fencing improvements on the premises. Within 10 years from the date of this
Agreement, Lessee shall substantially complete construction of a National Guard field maintenance
shop on the premises. Any fence installed around the facility shall be located on the premises. The
improvements may include a means of allowing storm water to flow through the Premises if deemed
necessary by Lessor or county, and any storm water plan is subject to approval by Lessor. Lessee
acknowledges that there are certain sanitary sewers on the Premises, and Lessee agrees to provide
reasonable access to the Premises as requested by Lessor to allow maintenance of the sanitary sewer
system. , Lessor agrees that it will work with Lessee in good faith to abandon or relocate the existing
sanitary sewer if necessary for the completion of such improvements.
13. PERMITS. Lessee shall obtain and maintain, at Lessee expense, all permits necessary for operations.
14. ASSIGNMENT/SUBLET. Lessee may assign, transfer, sublease, pledge, surrender or otherwise
encumber or dispose of this Agreement or any portion thereof to a governmental entity without the
prior written consent of the Lessor, provided that Lessee shall promptly provide written notification
to Lessor of any such action.
15. INSURANCE.
A. PROPERTY INSURANCE. Lessor and Lessee may keep insurance policies on their respective
interests in the Premises. To the extent permitted by any such policies, the Lessor and Lessee each waive
all rights of recovery against each other.
B. LIABILITY INSURANCE. Lessee is not required to carry liability insurance.
16. LIABILITY FOR DAMAGE. Each party shall be liable to the other for all damage to the property of
the other negligently, recklessly or intentionally caused by that party (or their officials, agents,
employees or invitees), except to the extent the loss is insured and subrogation is waived under the
owner's policy.
17. REAL ESTATE TAXES. The Lessee shall be responsible for payment of any real estate taxes levied
against the premises or any improvements thereon.
18. DAMAGE. In the event of damage to the premises, such that Lessee is unable to conduct its operations
on the premises, this Agreement may be terminated at the option of either party. Such termination
shall be effected by notice of one party to the other within 30 days after such notice; and both parties
shall thereafter be released from all future obligations hereunder.
19. MECHANICS' LIENS. Neither Lessee, nor anyone claiming by, through, or under Lessee, shall have
the right to file any mechanic's lien against the premises.
3
Page 41 of 128
20. SIGNAGE. Lessee shall at Lessee's expense be permitted to place its signage upon the building facade
and any monument sign on the Premises with available space.
21. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
A) EVENTS OF DEFAULT. Each of the following shall constitute an event of default by Lessee:
(1) Failure to pay Rent when due; (2) failure to observe or perform any duties, obligations,
agreements, or conditions imposed on Lessee pursuant to the terms of the Agreement,
including but not limited to the requirement to complete construction of improvements as set
forth in Section 12; or (3) abandonment of the Premises. "Abandonment" means the Lessee
has failed to engage in its usual and customary operations on the Premises for more than six
(6) consecutive months.
B) NOTICE OF DEFAULT. Lessor shall give Lessee a written notice specifying the default and
giving the Lessee three (3) months in which to correct the default. Consent to additional time
shall not be unreasonably withheld by Lessor. Notice pursuant to this subsection shall be by
regular and certified mail to the Iowa Armory Board, the Adjutant General's office, the Iowa
Attorney General, and to the Staff Judge Advocate for the Iowa Army National Guard, at the
last known address of each.
C) REMEDIES. In the event Lessee has not remedied a default in a timely manner following a
Notice of Default, Lessor is limited to the following remedy: Termination. Lessor may declare
this Agreement to be terminated and shall give Lessee a written notice of such termination.
Notice pursuant to this subsection shall be by regular and certified mail to the Iowa Armory
Board, the Adjutant General's office, the Iowa Attorney General, and to the Staff Judge
Advocate for the Iowa Army National Guard, at the last known address of each.
22. CONDITION OF PREMISES. It is understood by and between the Parties herein that the Lessee
accepts the premises in their present, AS -IS condition, without any representation or warranty by
Lessor as to the condition of same or their suitability for any particular purposes. The parties
acknowledge that Lessee has occupied a portion of the Premises for more than 15 years and is fully
familiar with the condition and attributes of same.
23. USE OF PREMISES. The Lessee will use said premises pursuant to its own operational discretion,
subject to applicable law.
24. MAINTENANCE. The Lessee agrees to provide for maintenance, mowing and snow removal of the
Premises. Unless expressly stated to the contrary, Lessee's exercise of any right, option, privilege or
remedy under or in relation to this Agreement shall be at the sole cost and expense of Lessee, without
reimbursement or contribution by Lessor.
25. EASEMENTS. Lessee acknowledges that this Agreement is subject to any existing easements,
covenants, or restrictions of record.
26. NOTICES AND DEMANDS. All notices shall be given to the Parties hereto at the addresses
designated unless either party notifies the other, in writing, of a different address. Without prejudice
to any other method of notifying a party in writing or making a demand or other communication, such
notice shall be considered given under the terms of this Agreement when it is deposited in the U.S.
Mail, registered or certified, properly addressed, return receipt requested, and postage prepaid.
4
Page 42 of 128
27. SEVERANCE. Any provision contained in the Agreement which is unenforceable shall not affect the
enforceability of the remaining provisions.
28. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Parties. None of
the covenants, provisions, terms or conditions of this Agreement will be in any manner modified,
waived, or abandoned, except by written instrument duly signed by both Parties and delivered to the
Lessor and Lessee.
29. PROVISIONS BINDING. Each and every covenant and agreement herein contained shall extend to
and be binding upon the respective successors, assigns and transferees of the Parties.
IN WITNESS WHEREOF, the Parties have entered into this Lease Agreement on the date
appearing in the first paragraph hereof.
LESSOR
CITY OF WATERLOO
By:
Quentin Hart, Mayor
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA, COUNTY OF BLACK HAWK) ss.
On the day of , 2019, before me, the undersigned, a Notary Public in
and form this state and county, personally appeared Quentin Hart and Kelley Felchle, to me personally
known, who, before me duly sworn, did say that they are the MAYOR and City Clerk, respectively, of
said City executing the within and foregoing instrument, that said instrument was signed and sealed on
behalf of said City by authority of its City Council; and that the said MAYOR and City Clerk acknowledge
the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily
executed.
Notary Public
5
Page 43 of 128
LESSEE
IOWA ARMORY BOARD
by
Chairman, Iowa Armory Board
STATE OF IOWA, COUNTY OF ) ss.
On the day of , 2019, before me, the undersigned, a Notary Public in
and form this state and county, personally appeared , to me personally
known, who, before me duly sworn, did say that they are the , of the
IOWA ARMORY BOARD, executing the within and foregoing instrument, that said instrument was
signed on behalf of said IOWA ARMORY BOARD; and that the said
acknowledge the execution of said instrument to be the voluntary act and deed of said IOWA ARMORY
BOARD, by it and by them voluntarily executed.
6
Notary Public in and for said County
Page 44 of 128
CITY OF WATERLOO
Council Communication
FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department Reviewer
a
:I. ngm eerin.g f ....rmtson.,
Clerk O i i. i.c e 1 ve ny;:
SUBJECT:
Submitted by:
Source of Funds:
ie
Action Date
Approve 8/21/2, 1 51. \
A.pprov 8/211/20II :10
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.
NO BIDS WERE RECEIVED FOR SIDEWALK REPAIR.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
Property Owner Assessments
Page 45 of 128
CITY OF WATERLOO
Council Communication
Resolution approving recommendation of the Public Works Division Manager to proceed with maintaining
recycling drop-off sites, a yard waste site and outsourcing the collection and processing of recycled materials
using voluntary curbside pick-up, for all current and future Dwelling Unit customers and dwellings other than
Multiple Dwellings, as defined by 4-3-1 of city code.
City Council Meeting: 8/26/2019
Prepared: 8/23/2019
REVIEWERS:
Department
mance
Reviewer
.::.
even, ......./ c A. nI..
ATTACHMENTS:
Description
D Recycling V luntart'
SUBJECT:
le
Action
Approved
Type
Cover Memo
Date
8/23/ �^
3 (
Resolution approving recommendation of the Public Works Division
Manager to proceed with maintaining recycling drop-off sites, a yard waste
site and outsourcing the collection and processing of recycled materials
using voluntary curbside pick-up, for all current and future Dwelling Unit
customers and dwellings other than Multiple Dwellings, as defined by 4-3-1
of city code.
Submitted by: Submitted By: Randy Bennett, Public Works Division Manager
Recommended Action:
Based on feedback from citizens and council members, we worked on a way
to maintain the curbside service for recycling and yard waste as a voluntary
service and provide the yard waste site and recycling drop-off sites with
appropriate maintenance.
It will require an additional investment in staffing and equipment to improve
the service and maintenance of the recycling drop-off sites.
We believe we can provide the voluntary service at the following rates:
Mandatory monthly fee for the yard waste site, and recycling drop-off
sites $5/month
Voluntary fee for curbside yard waste and recycling
$4/month
We believe we also need a refuse fee increase recommended at 10%.
Our citizens deserve better service than we are currently able to provide.
While the initial mandatory curbside pickup option presented would allow us
to most optimally address all the issues, we believe the voluntary option with
the additional provisions outlined will allow those issues to be adequately
addressed.
This process has been accelerated due to the cancellation of curbside
processing by our previous contractor. We were able to obtain a temporary
Page 46 of 128
Policy Issue:
Alternative:
contract with Republic Services for processing at a significantly higher cost.
Republic agreed to the temporary service only under the stipulation that we
move forward with requiring separate cans for yard waste and recycling. We
developed alternatives using only curbside pick-up in order to address
ongoing concerns with maintenance of the drop-off sites and address other
services, such as cart exchanges, that we were struggling to provide with
current staffing levels.
Another alternative would be to suspend the recycling program in its entirety.
We would likely lose the annual grant received from the Black Hawk County
S olid Waste Commission for providing recycling in that case.
Page 47 of 128
0000000
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
IIIIIIIIIIIIIIIIIIIIII
""‘"'1, 111111111111111,
IIIIIIII
IIIIIIIIIII ''''''''''111111111uuuuuuuuu
II �IV
IIIA
0000000000000000000000000000
00000000000011I
11111111111111111111111111111111111111111111111111111111111
001110000000000 0000000000001110
II
uuu°I1i„uuuuuuullll„
011111110 00000000000
.00011
11111 1111
Vm�llumu�ul11111111111111111111111111111111111111
IIIIIIIIIII
•1
4
gi:::::i C)
*11.
6T4
Eimmil
4::::::1 ciii)
4 ‘„,
44
,c1'
,„„„, _
C) con
C,..) g4
44
1:4
C...)
TASTE SITE
g:1.1
(P'A
V O
� O
P4i C)
CZ) 44
C4O
Annual Cost
O O O O
O O O
O O O O
C.:5 N O N N
00 N d'
Costs to monitor and maintain sites
Additional containers and/or more pickups
Landscaping/security improvements (Est $100,000)
Equipment cost (Estimated $250,000)
• • • • •
• Vehicle maintenance
• Mandatory Fee for yard waste site, recycling drop-off sites
Page 49$4/12110riYll
• Voluntary Fee for curbside yard waste and recycling
*Nopi INcii.)go)PI Nigr A nCa) g:4
1:11:114
co)
1104
C.4
Old newspaper
Page 50 of 128
`V
E
• �' 7,A
...bO p N
cA
,7:
U ct N +,
U
...
. ,—� 0
0
.., o
4) 4) a O - '7
p,,, ,..,, .-c.
V 0
0 r—, E O
ct U +' 7't
N
''C 0 ct Ct • r—'
()U U
• •-1 ▪ 'CJ '� v
E orizt•� c.)to
ct
,c
• ,--1Q) 4)ct ,c
+ .,r 4)
0 a) 00 N U •—
,c
c:11▪ U C rt—
,(i)
1.)
.. Q)to
ci) — r—+ci) -z: — ,1)C.) PiliC A—e- U 0 < ..A
Pi
• • • • • • • • •
4
gi;;;;;I ,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;;
olio
6T4
Eimmil
4::::::1 ciii)
4 4,.
44
,c1'
,„„„, _
C) con
C,..) g4
44
1:4
C...)
006
c:)
CLING DRO
r:4
U
E
ct1)
'-c: 0
tt cu
cu
ct
cu
f-1--• rt tO
COs 0 ° 0
• 11 4 a) C o
tO
ZJ ci)
v) tO O Ct 7,
h,,,it 1.)
V) Ct (I)
.� O a� v O
,..1 a) "4:1): a) tO a)
.1Z) = • ,.. .4-- to c) A8
.:,1) 2
o pc)
c H 4) •� U ;-+ ,4 U U cA
Cr LA cZ ct Ctct
-czi ,+e ''-c: ci)
tc/D r=1. 4-1 '< dC C.) P.- C.) 4 C.
. . . . . . . . . . . . . •
}
co
CN
V"'
0
1.
C)
CO
0)
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: 8/26/2019
Prepared: 8/16/2019
REVIEWERS:
Department
I ' LINK; Works errt Fel ���e K ey
Reviewer
ATTACHMENTS:
Description
D Resolution as :Drop(
SUBJECT:
Action Date
Approved 16 20 AM
Type
�I
ckup Material
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 52 of 128
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 53 of 128
CITY OF WATERLOO
Council Communication
Resolution approving a Crime Prevention and De-escalation Training Grant application, in the amount of
$14,000 with no City match, to the Department of Jus tic e/ Project Safe Neighborhoods Program.
City Council Meeting: 8/26/2019
Prepared: 8/20/2018
REVIEWERS:
Department
ohc [)epa tmen.
Clerk Office
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds :
Policy Issue:
Alternative:
Background Information:
Reviewer
ei.bold, Joe
v y e . n
Action
Approve.
Approve
Date
8/2.0/2.() L :08 P M:
8/2,1 /201 9 ,,,,, .11:19 AM
Resolution approving a Crime Prevention and De-escalation Training Grant
application, in the amount of $14,000 with no City match, to the Department
of Jus tic e/ Project Safe Neighborhoods Program.
Submitted By: Joe Leibold, Police Major
Approval for grant application.
The Waterloo Police Department participates in the Project Safe
Neighborhoods, Safe Streets Task Force in Waterloo. We are asking to
apply for a $14,000 grant to target training in crime prevention and de-
escalation.
None
Grant Funds
None
None
This grant is provided by Project Safe Neighborhoods as part of the
Department of Jus tic e Safe Street Program. It targets crime prevention,
deterrence, education and enforcement efforts. We have identified two
training modules that would increase crime prevention and improve
education and enforcement.
Page 54 of 128
CITY OF WATERLOO
Council Communication
Resolution approving renewal of Crime and Fidelity insurance effective September 15, 2019, in the amount of
$3,663.
City Council Meeting: 8/26/2019
Prepared: 8/20/2019
REVIEWERS:
Department Reviewer Action Date
Clerk Office 11igbyy Nancy Approve 8/20/2019 53 P
SUBJECT:
Resolution approving renewal of Crime and Fidelity insurance effective
September 15, 2019, in the amount of $3,663.
Submitted by: Submitted By: Kelley F elchle, City Clerk
Page 55 of 128
CITY OF WATERLOO
Council Communication
Resolution approving Brokerage Fee Agreement with Fischels Commercial Group, in the amount of $6,000, in
conjunction with the sale of property at the southwest comer of Commercial Street and West 13th Street for
the development of new data centers, and authorize the Mayor to execute said document.
City Council Meeting: 8/26/2019
Prepared: 8/20/2019
REVIEWERS:
Department
,�
l.a�n n i .g & Z o n
,arc Office
Reviewer Action Date
Sch.roe er, Ark, Approved 8/2,1/2,0 VI „6 AM
Even, 1,,eAnn Approved 8/21/201( :08 A.M.:
ATTACHMENTS:
Description Type
D .13rolcerage P ayrn.eri:t.A. r— m en.l„ Cover Memo
SUBJECT:
Resolution approving Brokerage Fee Agreement with Fischels Commercial
Group, in the amount of 56,000, in conjunction with the sale of p ro p erty at
the southwest corner of Commercial Street and West 13th Street for the
development of new data centers, and authorize the Mayor to execute said
document.
Submitted b Submitted By: Noel Anderson, Community Planning and Development
y Director
Recommended Action: Approval
The city entered into a development agreement with S F N Real Estate, L L C
and the city council authorized selling land at the southwest comer of
Commercial Street and West 13th Street and paying the brokerage fee. This
brokerage agreement would be between the city and F is c bels Commercial
Summa Statement: Group, and it specifies that the brokerage fee to the broker will be paid as
part of the development agreement. The terms of the payment is half of the
brokerage payment shall be due when ground is broken on the first building
and the second half will be paid within 14 days after S F N Real Estate, L L C
received a certificate of occupancy for the first building. Therefore, we
request that the mayor execute said document.
Expenditure Required: $6,000
Source of Funds : Rath TIF
Policy Issue: Economic Development
Background Information:
The city demolished four dilapidated houses at this corner to clear the way
for this new development, which is going to add more revenue in property
tax compared to the deteriorated homes that were once there.
Page 56 of 128
Legal Descriptions: Lots 1 and 2, Block 58, Anthony Baker's Addition, City of Waterloo, Iowa.
Page 57 of 128
BROKERAGE FEE AGREEMENT
(City Owned Development Property)
MATTHEW R. MIEHE, CCIM
COMMERCIAL SPECIALIST
In consideration of the services of Fischels Commercial Group, Broker, we the undersigned owners of the
property known as: Four (4) lots: 1420-1422-1426-1430 Com ercial St. Waterloo Iowa agree to the following:
1 Should said property, in whole or in part, be sold by us, at the price and upon the terms which we may
authorize or accept, we agree to pay Broker a fee of 3% of the Minimum Assessed Value as defined in
the Development Agreement for said property.
Payment of fee shall one-half(112) payable when ground is broken for the first building, and the second
one-half (1/2) will be paid within fourteen (14) days after Company receives a certificate of occupancy for
the first building.
3. In the event of any dispute or litigation as a result of or arising from this Brokerage Fee Agreement, the
prevailing party in such dispute or litigation shall be entitled to recover from the non -prevailing party all
reasonable costs incurred (including, but not limited to, attorneys' fees) as a result of such dispute or
litigation.
4. This agreement is binding for 12 months from the date of this agreement.
SFN Real Estate LLC
Company / Prospect
Dated this day of
CITY OF WATERLOO, IOWA
V:
20
FISCHELS COMMERCIAL GROUP
BY:
Matt Miehe, CCIM
Page 58 of 128
CITY OF WATERLOO
Council Communication
Resolution approving submission of an Electric Vehicle Charging Site Host application to MidAmerican
Energy, for charging stations to be located downtown near 225 Commercial Street, and authorize the Mayor to
execute said document.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department
& Zan
Clerk Office
Reviewer Action Date
Sch.roe er, A.ric A roved2. ap 2, 0 „ p AM
1 vcrm yLc .A..ii m. .Approved 8/21/201( : AM
ATTACHMENTS:
Description Type
a,
D Map : i:3ack.up M::ateria
D Myer or
g s
ta. ,s :backup Materi.
D . .pp...: cation l3 ac yup Material
D f :mess : ackup Mate
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Resolution approving submission of an Electric Vehicle Charging Site Host
application to MidAmerican Energy, for charging stations to be located
downtown near 225 Commercial Street, and authorize the Mayor to execute
said document.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approve the Electric Vehicle Charging Site Host Application with
MidAmerican Energy for Charging Stations to be located near 225
Commercial Street for public use.
MidAmerican Energy is looking to install DC charging stations throughout
the state. Waterloo was identified as a location that would assist with their
network across the state. The Electric Vehicle Supply Equipment (EVSE)
will be maintained by MidAmerican Energy for a period of three years. After
three years, MidAmerican Energy reserves the right to transfer ownership
and maintenance of the E V S E to the host.
These charging stations would be the first public charging stations in the
Cedar Valley. The stations require the designation of two stalls for electric
vehicles. The location we are proposing would allow for 4 stalls for each
charging station to allow greater flexibility for parking.
Exp end iture Required: none
S ource of Funds : n/a
Page 59 of 128
Policy Issue:
Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- ways to create an environment to
attract population to Waterloo.
Page 60 of 128
uw �� I�hIU "Ng
11 or
111/duuu
°1llllllllllllpw '° I
11111111,1,11111 ',11„,
11.11
,1111111111,111,!'
IU"I,
l uuuull�,..„
Illlllllli
1111111111111
1111,0
116VNa l .,;, li;I
^al�ll�lllllllllllllllllllll11111111111111111111111111111111111111f1�
�I��Ii IIIY�Il4iiiihhhllllllll,11,11,11lm111,,11,, 1111111111,lllililJiiiiillll111111l l'Illlrlllllllllllllllll
II 11111111
uuuuum
1111111 41111111111111111
,,111ldlllll
pil"'
"It"ui�ol
111111111,00000
u1 11111flirll
1pl�llll�i lil ,, I,
Iliiiiuuu�r ;'
1,111111,01
I Ibi;llll IIiuM11 �1 ';!1,
��iiuuuuuuulll
(IIIIIIIII
^141°,°9yl „ I` uwrll
J111111111111111111111111111111111iillllllllllllllllllllllllllu
h11111Puuuuuuuu dh ��,
��llyllllll; ..
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Uu
-I,Mdluu „
111 w�,i ural.
�Ilmpluul
'11'""""""""""""""'''"""'''
wldw1hrllb111151Yl1k
_'i'dVl 11111PI�hl��ii�l��
11111111111111
uuVIII
� ulllluuulllllllydIIIIIIIIIIIIllllldl J�I
lllllllllllJilll 1,1i,1llul
41111111111111111111111111111VII
luau �r'�IllluuuwlllilJll
�����nlllllllfllllllllllllllllllllllllllllllllllllllllllllllllllllll
iiiiliiiU�lllllllllllllllllllhr''
I��������������lllddloo IIIIIIJIIuu ,+
luuuuuuu1iiiuu1111r
r �µl« tum11uulluuu u
uuuuuuuu
�luuuum II
Imutllll l IIIIIIIII
!. Ipum m mmulllllp,
iiiiiiiiiiiiiiiiiiiiii111@
' P,"""1'Illlppuuuuumim
X1111111111111
ffl(ffi111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII illlllilllllllll
UIIIIlllul°Iii
IIII
glll uulllllllllllllllllllllllllllllll
1III I, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIjI1lI,IlII
rrrrrrrrrrrrrr,
aduuuuuuu
BVIIIN��'`
•l,1"'uuuluiiiilll
tlllllllllllllllllllllllllllllllllllllllllllllllllllllllll
11 IIIIIIIIIIIIIIII IIIIIIIII "'
1j1� �NW11",
1» Ill�luuuuuuul
Ill, 1111111
�U�iN���I�It��ip�lluiuum
i Illuuuuuuuuuuf011V1r111�lIPPI °�
IIII ,I
�1�)1111 SII 1111 idld�llf"..
11111'1llllllllllJII111111111111111111111111111111111111111°
hlhlII11"""'1llr;
'0r' ,,,II1Rlilll1111'
"Mn
11
111111111111111111111111111 lIIIIIIIIIlll1111111111111111
,i
rlllllllllllllllllllllllllllllllllllllllllllll»Iiia IIII IIIIIII
illlil�lli1lll�ll�lll^I�^�IllllllllllllllllllllllllllllIII lllllllllllllllllllllim ,111111""°iiiiiillllllllll����iilr9'''lil�11Alp l;;l�l� l»1 I;ialls
�V tl�
r111uuu I IiAI
1,111111111111111111,
11i911ioitl�l'
rurlil➢)lipliuuuiil, ;,,,
"''%Ihrrrrrrrrrra,»r, !uyyr
IlllllllllluilllllltJll„J�
y00000vl
101
IIII+1!)1„Wfiroa , ^1��I��iWioll ” i.
°'llllulul1fa11 ,,,
IYlllliill;
111,1,11111 111,0111111111,
City of Waterloo, Iowa
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed for the accuracy of the data delineated herein,
either expressed or implied by Black Hawk County, the
Black Hawk County Assessor, or their employees.
The City of Waterloo makes no warranty, express or
implied, as to the accuracy of the information shown
on this map, and expressly disclaims liability for the
accuracy thereof. Users should refer to official
plats, surveys, recorded deeds, etc. located at the
Black Hawk County Assessor's Office for complete
and accurate information.
W+E
S
Page 61 of 128
�f1J',Ii II 111111 III 1 ���.11I'I7I�IIIyIIyI/I„; i 1 I I/ 1��� Y((( I (ii lIIIIIIAI II II", g1g111,.1111.
IIIllllllllllllllllllllllllll11111
l ""rnnn�rlll� i
�in -rr -rr
;11 r uuururrurrurriil iiii'rr iii,i,i,i,i,i,i,,
Ir ii
IIIIIIi'rllilililililililililililililililililililililililililili1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1i111i111i1.i1.
1
,������'�i 1��������%%iiiiiid�%iid.viiiiiiiiiiiiiiii�id i ,1
111,,,....,....,111111111111111111e1111111111111111'-'111, /r / l
111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
1111 emrellllllluuuuuuuuuuuuuuuuuwdlllluuuuuuuuuuuuuuuuui
CHARGING
AIHEAD
TARGET CHARGING LOCATIONS -PHASE 1
MidAmerican Energy is
launching a first -of -its -kind
electric vehicle fast -charging
network across the state as
part of our 100% renewable
energy vision for Iowa.
BE A LEADER
IN BUILDING A RELIABLE CHARGING NETWORK FOR CONSUMERS
CHOOSING TO INVEST IN LOW -EMISSIONS ELECTRIC VEHICLES.
We're looking to partner with businesses who understand the value a
fast -charging network will bring to current and future EV owners. We're
now accepting applications for partners in 15 communities across Iowa
to host Level 3 DC fast -charging stations that can charge an electric
vehicle in 20-45 minutes. This charging network will lessen the concern
many EV owners have when traveling longer distances. Plus, it will
make low -emissions EVs a more realistic option for customers across
Iowa and surrounding states.
MidAmerican Energy will purchase, install and maintain the charging
stations. Host location owners will set their own fees for using the
charging station or provide the energy to customers for free.
This fast -charging network, along with rebates for residential and
business customers choosing to invest in EVs, is part of MidAmerican
Energy's 100% renewable energy vision for Iowa.
Apply to host today at
ulllru1111
iultEiiiiii or iiiilyou um/ «o ri
MIDAMERICAN
ENERGY COMPANY
S.
elI,
�i u1�4�@
utt I.1y IIN i III Iqm �uM�f l � J r(luu
���iil�I�pU
l, �Vlluuuuiiiiuuuuuuuuuuuuuuuuuuuu
LEADINGARTHE
E
POWERED BY MIDAMERICAN
ENERGYCOMPANY.
UN WOMAN
Page 62 of 128
ELECTRIC
VEHICLE
CHARGI N G
SITE HOST APPLICATION
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
1,11,011,1001,11,41,111
I 1111111111
WAri�
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
�iuuuuuuuuuuuuuuuuuuuuuuuio uuu�uuu� iuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu
MI�ySI^III
Complete applications should be sent toy iiiiii nth/snolo, Please submit the completed
application and supplemental documentation as a single Microsoft Word document or PDF file. The signed
certification page may be submitted as a separate PDF file or image file.
Applications are due by August 30, 2019, at 5 p.m. CST.
ELECTRIC VEHICLE CHARGING
NETWORK PROGRAM INFORMATION
MidAmerican Energy Company is pleased to make electric vehicle (EV) charging available to customers in
Iowa. To alleviate range anxiety, MidAmerican Energy will build a network of DC fast -charging stations across
the state. To accomplish the build -out of this network, suitable site hosts for the charging stations will need to
be identified.
The DC fast -charging network will initially include 15 locations. These locations will be strategically sited
across MidAmerican Energy's electric service territory to ease range anxiety for customers. Additional sites
may be considered in future phases of the project.
Once an application is received, MidAmerican Energy will review the application and determine if the site
meets eligibility requirements and helps reach the program's goals of reducing range anxiety and providing
customers with a robust charging network throughout MidAmerican Energy's territory.
The Electric Vehicle Supply Equipment (EVSE) will be maintained by MidAmerican Energy for a period of three
years. After three years, MidAmerican Energy reserves the right to transfer ownership and maintenance of the
EVSE to the host.
Installation of charging stations will be coordinated with the site host and may vary based on location.
Electric vehicle charging site host application process
Applications accepted
starting July 31, 2019
Applications due no later than
August 30, 2019, at 5 p.m.
MIDAMERICAN
ENERGY COMPANY
Notification and selection
September 2019
11111111111111111111111111111,,,.
Page 63 of 128
REQUIREMENTS AND ELIGIBILITY
All MidAmerican Energy customers on an Iowa non-residential electric service rate are eligible to apply.
To be considered, applicants must:
Submit a completed application along with supplementary documentation.
Be a MidAmerican Energy Company non-residential electric customer located in Iowa whose
account is in good standing.
Agree to make the charger available for public use.
Be located within 25 miles of the proposed site locations shown below.
Not be located within 10 miles of another universal DC fast -charging station.
> Be located within walking distance of amenities, such as restaurants, shopping, points of interest.
Install permanent, MidAmerican Energy -approved signage to increase awareness and understanding
of the benefits and opportunities for transportation electrification.
Must provide two parking stalls for use of the EVSE. Additional parking stalls for future expansion are
preferred.
Participate in program evaluation activities, such as surveys and questionnaires.
Indicate if there will be a cost for charging sessions and if so, create a pricing model.
Pay a MidAmerican Energy electric bill for all EVSE power usage.
PROPOSED SITE LOCATIONS
0
DAVEN P • RT
Page 64 of 128
APPLICATION EVALUATION
MidAmerican Energy will review and score a site's suitability based on established criteria outlined below.
Applicant Evaluation Criteria
CRITERIA
PROJECT F IBILITY/
UTILI TION
CO UNITY
B ENEFITS/EDUCATIONAL
B ENEFITS
SUSTAINABILITY BENEFITS
LOCATION/ACCESS
MEASURES
Willingness to adhere to MidAmerican Energy's timeline for
project construction
Expectation that the EVSE will be sufficiently used, based on
an assessment of applicant -provided utilization projections
such as, community needs assessment data, vehicles per day
data, electric vehicle ownership data, survey data
> Expected driver payment pricing model, if applicable
> Electric grid capacity available
> Education plan and awareness -building opportunities
> Exposure in communities currently underserved by EVSE, such
as multi -family, low-income and remote areas of the state
Benefits provided to underserved populations
Impact of the applicant on the community
Alignment with the applicant's broader environmental mission
or goals
> Physical and community visibility
> Accessibility to the public
Proximity to interstate or state highway
> Amenities within walking distance
Page 65 of 128
SITE HOST APPLICANT INFO TION
HOST ORGANI TION
Organization occupying the property
where the EVSE project will be installed
E OF ORGANI TION
Government, private, nonprofit, etc.
MID ERICAN ENERGY CUSTOMER
ACCOUNT NUMBER
ORGANI TION WEBSITE ADDRESS
PRI RY PROJECT CONTACT INFO TION
Person who will be responsible for providing ongoing reporting for the project
N1 E
TITLE
ORGANI TION N E
ROLE IN THE PROJECT
PHONE NUMBER
IL ADDRESS
N E OF INDIVIDUAL COMPLETING APPLICATION
Include affiliation and contact information if different
from primary contact or contractor/installer/engineer
PL E VERIFY THAT THE PROJECT SATISFIES THE
REQUIREMENTS AND ELIGIBILITY PROVIDED ABOVE
❑ I certify that this project meets MidAmerican
Energy Company's electric vehicle site host
requirements
Page 66 of 128
EVSE PROJECT INFO TION
P SICAL ADDRESS WHERE PROJECT WILL BE INSTALLED
Include facility name, street address, city, state, zip code, and/or GPS coordinates, where appropriate
WILL THE PUBLIC BE ABLE TO ACCESS THE EVSE?
WILL THE OWNER CHARGE A FEE FOR EVSE USE?
WHAT IS THE ECTED DRIVER PAYMENT PRICING MODEL FOR THE EVSE?
H OW HOURS PER WEEK WILL THE CHARGERS BE ACCESSIBLE?
IS THERE CURRENTLY ELECTRIC VEHICLE CHARGING INF TRUCTURE AT THE SITE?
If so, describe the current configuration and use
WHERE WILL THE EVSE BE LOCATED?
Location of installation on property (parking lot, roadway, parking garage, etc.)
N UMBER OF DEDICATED EV PARKING SPACES
(if more than two)
ANTICIPATED READY DATE FOR CONSTRUCTION
Page 67 of 128
SUSTAINABILITY AND EDUCATION
WHY ARE YOU INTERESTED IN INSTALLING AND HOSTING ELECTRIC
VEHICLE CHARGING EQUIPMENT?
Include the history of the host organization, host organization goals and how transportation electrification
aligns with the overall mission of your organization.
WHAT EDUCATIONAL AND CO UNITY ENHANCEMENT BENEFITS ARE ASSOCIATED WITH
THE PROPOSED EVSE PROJECT?
Please describe your plans to educate and engage the community about your EVSE project. How will the
equipment be made visible to the public, how many people will benefit from the project, how do you plan to
extend these benefits beyond the first year of operation?
INCLUDED IN PLAN? CO UNITY EDUCATION MID ERICAN ENERGY
RECOGNITION
❑ Signage
❑ Media and publications
❑ Celebrations or events
❑ Website information
❑ Other
PL E SHARE ANY ADDITIONAL INFO k TION REGARDING THIS EVSE PROJECT RELEVANT TO YOUR APPLICATION.
Page 68 of 128
SUPPLEMENTAL DOCUMENT CHECKLIST
00
1111111
11111111tS 1111 11 1111111 f
� l�
IIIIIIIIIIIII
Illllli111111111111,' l as°iii Ali
1111111t1111111Ili
11111t 1 11i 111111
Please submit the completed checklist along with your application.
Required Documentation
or
%
11111
Ink,
REQUIRED INCLUDED Please clearly label each attachment included in your application with
the labels in bold.
X 0 COMPLETED APPLICATION
X 0 SIGNED CERTIFICATION
X 0 CUSTOMER VERIFICATION
Please provide a copy of your most recent monthly electric bill.
X
0 SITE CONTROL AGREEMENT
Land ownership documentation or long-term lease agreement.
Explanation of missing/omitted documentation:
Applicants are encouraged to include the following documents to strengthen their application.
Recommended Documentation
INCLUDED NOT INCLUDED Please clearly label each attachment included in your
application with the labels in bold.
O 0 SITE EVALUATION(S). Include a technical assessment, any
structural or installation feasibility assessments, electrical
analysis and/or documentation of discussions with MidAmerican
Energy's engineering group.
O 0 DESIGN DRAWINGS Electrical diagram and site plan showing the
location of the project components on the property.
O 0 SITE PHOTOS Photos of the proposed project site and/or building
with captions.
Page 69 of 128
CERTIFICATION
I certify that in preparation for submitting this application, I have reviewed the application as well as the
eligibility requirements. I understand that should my organization be selected, we will be expected to meet
the eligibility requirements as described above, and 1 attest that the information provided in this application
is both accurate and current. 1 also understand that submitting an application in no way obligates
MidAmerican Energy Company to select the proposed site.
Signature Date
Printed name
Title
Company
Contact number
If this request is being submitted by multiple parties or a party other than the host, please indicate below
by providing the party's name, title and contact information. The project host/owner must approve the
submittal on their behalf through signature, demonstrating that the all parties linked to installation have
reviewed the application and support the project, along with supporting documentation. Please see the
previous page for a comprehensive list of required attachments.
Approving party — if other than project applicant
Signature Date
Printed name
Title
Company
Contact number
1111111 inn.,/ 7�1(((fl i iuo�o � .,,,,.: ����I�! nne maa uo�o /„m rrrara�a�.i „fff�. uo�o m..,mpi, ''.. / ,,,, / . lnn,prrra.
Applications and any questions should be sent to y X1111 iiiiii ��l,,,,1,.,,, iiiiii mtiillniiiiii ��,,,, iiiiii iiiiiii ���� , �iiiiii 1, iiiiii iiiiiiirr�,,,,, iiiiii m�����1���,,,, ���lliopo . Please submit the
completed application and supplemental documentation as a single Microsoft Word document or PDF file.
The signed certification page may be submitted as a separate PDF file or image file.
'IL MIDAMERICAN
ENERGY COMPANY.
Page 70 of 128
111111111111111111111111111111111111111111110,1
MIDAMERICAN
ENERGY COMPANY
FOR IMMEDIATE RELEASE
For more information, contact:
Media Hotline
515-281-2266
mediahotline@midamerican.com
MidAmerican Energy to launch electric vehicle fast -charging station network
across Iowa
Company seeks to jump-start EV use with fast charging stations at 15 locations
DES MOINES, Iowa — (August 31, 2019) — MidAmerican Energy Company today launched a
first -of -its kind effort in Iowa to establish a network of electric vehicle fast -charging stations in
more than a dozen cities throughout the state.
The company plans to build publicly accessible direct current fast -charging stations, with two
charging plugs per station, in 15 urban and rural communities. A DC fast -charger, also called a
"Level 3" charger, can generally charge an electric vehicle in 20-45 minutes.
MidAmerican Energy is now accepting applications from businesses and community entities in
targeted areas that are interested in hosting charging facilities that MidAmerican Energy will
purchase, install and maintain. The company will select at least one location in each targeted
area.
MidAmerican Energy seeks to install DC fast -charging sites in Altoona, Avoca, Carroll, Clarinda,
Davenport, Dexter, Early, Emmetsburg, Iowa City, Fort Dodge, Little Sioux, Oskaloosa,
Sheldon, Sioux City and Waterloo, which are all within the company's service territory.
"We're investing in a program that supports our customers by making emission -free driving
more attractive and convenient," Nick Nation, electric operations general manager, said. "This
goes hand-in-hand with MidAmerican Energy's vision to provide our customers with 100%
clean, renewable energy."
Once MidAmerican Energy selects site hosts, the company plans to begin building the charging
network by the end of the year.
Charging station hosts will set their own usage fees, consistent with state laws and regulations.
"Car owners and potential buyers tell us access to charging stations within reach of the routes
they drive will improve their confidence the electric vehicle will meet their needs," Nation said.
"We've come up with a plan to address the range anxiety issue by building an infrastructure of
15 fast -charging stations across Iowa that should be within roughly 50 miles of each other. We
think our efforts will help jump-start Iowa's electric vehicle industry."
Page 71 of 128
Electric vehicle and charger rebates
To further promote electric vehicle adoption in Iowa, this year, MidAmerican Energy started
offering electric vehicle and charging station rebates to its customers.
The company provides $500 rebates to residential customers who buy or lease a new electric
vehicle.
The company also offers $1,500 rebates to businesses that purchase "Level 2" charging
stations, which generally charge electric vehicles in 4-8 hours.
Rebate information is available on the company's website at MidAmericanEnergy.com.
About MidAmerican Energy Company
MidAmerican Energy Company, headquartered in Des Moines, Iowa, serves more than 783,000
electric customers in Iowa, Illinois and South Dakota, and 765,000 natural gas customers in
Iowa, Illinois, Nebraska and South Dakota. Information about MidAmerican Energy is available
at MidAmericanEnergy.com and company social media channels.
###
Page 72 of 128
CITY OF WATERLOO
Council Communication
Resolution approving Property Exchange Agreement with The Salvation Army, for properties located
southeast of 55 Franklin Street and 415 E. 7th Street, and authorizing the Mayor and City Clerk to execute
said documents, and rescinding Resolution No. 2019-455.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department
,�
P'lanni g & Joni
omn1,
P
Cler
ATTACHMENTS:
Description
A.greem.ent.
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Reviewer
Sc:hroe er, A,ric
Adrienne
Schroeder, Am,
Rven,li. e., n n
Action
R ejected
pp r o v e d.
A ppr° avec:..
Type
B ackul M.ater al
Date
2, 1 20 5 3 A M
/21/201( 4- AM:
8/2 1 /2o 1 ,,,,,,, _ i :( 6 A...M.
8/2,1/2,019 AM.
Resolution approving Property Exchange Agreement with The S alvatio n
Army, for properties located southeast of 55 Franklin Street and 415 E. 7th
Street, and authorizing the Mayor and City Clerk to execute said documents,
and rescinding Resolution No. 2019-455.
Submitted By: Noel Anderson, Community Planning and Development
Director
Re -approve Purchase and Sale Contract with the additional wording of
"The Purchase and Sale of said Properties are hereby subject to the
approval of the Board of Trustees located in Hoffman Estates, IL"
The City of Waterloo is working to help strengthen its partnership with the
Salvation Army for all the good and helpful purposes and uses it brings to the
community. This exchange agreement will help the Salvation Army expand its
campus abilities on Franklin Street, and also provide the City of Waterloo
Police Department nearby and proper storage capabilities.
$200,000 plus up to $10,000 in closing and attorney costs
Bond funds for vehicle and impound storage
Public Safety
Infill Development
Land Use
Not Approve
Page 73 of 128
Background Information:
Legal Descriptions:
The City of Waterloo acquired the two lots abutting the Salvation Army
campus through the 657A process and eliminating blight along the Franklin
Street corridor.
The Salvation Army has decided it does not need to operate the site at East
7th Street, so is offering it up for sale. The site is located near the
Government District on the Downtown Master Plan land use layout, so the
acquisition of the site will help for ongoing storage operations of the City of
Waterloo.
The site is currently assessed at $229,010. The City is agreeing to acquire
for $200,000.
The two lots are currently assessed at $2,990. The lots had been looked at
for potential infill development of some small office buildings, so the City is
losing future tax revenue through the conveyance.
The transfer of the properties will work to help both organizations with their
ongoing goals of helping the community.
EXHIBIT "A"
Legal Description of SA Property
ORIGINAL PLAT WATERLOO EAST ALL LOTS 1 AND 4 BLK 41
EXC COM AT A PT ON NE LINE LOT
141 FT SE OF MOST NLYCOR TH SW 120.25 FT TO APT ON SW
LINE LOT 4 30 FT SE OF MOST
WLYCOR LOT 4 TH 30 FT NW TO MOST WLYCOR SAID LOT
TH 120 FT NE TO MOST NL Y C O R
LOT 1 TH SE41 FT TO BEG SE 120 FT LOT 5BLK 41 SE 120 FT
LOT 8BLK41 SE 120 FTLOT9BLK
41.
EXHIBIT "B"
Legal Description of City Property
AUDITOR RAINBOWS REPLAT LOT 18 (parcel 8913-23-429-022)
and
AUDITOR RAINBOWS REPLAT ALL LOT 14 EXC N 126 1/2 FT
LOT 24 (parcel 8913-23-429-023)
and
AUDITOR RAINBOWS REPLAT W 32 FT N 155 FT LOT 13 (parcel
8913-23-429-011)
Page 74 of 128
PROPERTY EXCHANGE AGREEMENT
This Property Exchange Agreement (the "Agreement") is made and entered into as of
2019 by and between The Salvation Army ("SA") and the City of
Waterloo, Iowa ("City").
RECITALS
A. SA is the owner of certain real property located within the City of Waterloo,
locally known as 415 E.th Street, which City desires to acquire for
redevelopment or municipal use (the "SA Property"), which is legally described ed a
set forth on Exhibit "A" attached hereto.
B. City is the owner of certain real property which SA desires to acquire for
redevelopment (the "City Property"), locally known as parcel nos. 8913-23-429-
011,
913-2 -429--
o11, 8913-23-429-022 and 8913-23-429-023, which is legally described as set
forth on Exhibit "B" attached hereto.
C. Each party desires to exchange its respective property with the other party on the
terms set forth in this Agreement.
D. City believes that the property exchange is in the public interest and is reasonably
expected to accomplish a public purpose.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises exchanged herein between
the parties and for other consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Possession and Closing. If each party timely performs all obligations set forth in
this Agreement, it shall receive possession of the other party's property at Closing. The purchase
price for the City Property shall be $1.00, and the purchase price for the SA Property shall be
$200,000.00. "Closing" shall occur at the earliest practicable date within sixty days after
approval of this Agreement by the Waterloo City Council, but in any event after the approval of
title to the SA Property by City, approval of title to the City Property by SA, and satisfaction or
waiver of contingencies, if any. At Closing, each party deliver to the other party the full purchase
price for the property to be acquired hereunder, and each party shall convey fee simple title of its
respective property to the other party by special warranty deed, free and clear of all liens, claims,
and encumbrances except (a) easements, conditions, and restrictions of record; (b) general utility
and right-of-way easements serving the respective property; and (c) restrictions imposed by local
zoning ordinances and other applicable law. Each party shall, at its own expense, deliver to the
other an abstract of title for its respective property, updated to a date within sixty days of
Closing. The abstract shall show marketable title in City or SA, as appropriate, in conformity
with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The
conveying party shall make every reasonable effort to promptly perfect title. If Closing is
Page 75 of 128
delayed due to either party's inability to provide marketable title, this Agreement shall continue
in force and effect until either party rescinds the Agreement after giving ten days' wri
4. Representations and Warranties of City. City hereby makes the following
representations and warranties with respect to itself and the City Property. Said representations
and warranties are true and correct in all material respects on the at of the Agreement and shall
be true and correct in all material respects as of Closing.
A. There are no actions, lawsuits, judgments, liens, suits, claims,
investigations or other proceedings pending or threatened against City or the City Property which
relate to City's ownership, maintenance, or operation of the City Property or right in any way
affect the City Property or this transaction.
B. There are no claims, disputes, actions, or proceedings existing against or
affecting the City Property that relate to environmental laws or permits, City has not received
notice of any actual or alleged violation of environ ental laws or pe -mits affecting the City
Property, and there are no hazardous substances on the City Property. City is not subject to and
is not currently operating under any compliance or consent order, schedule, decree, or agreement
issued or entered into under any environmental law.
C. City has provided to SA. a copy of all environmental reports, surveys or
studies in its possession in respect of the City Property, if any.
D. There are no general property taxes or special assessments presently due or
payable in respect of the City Property.
E. Following approval of this Agreement by the City Council, City shall have
the right, power and authority to enter into this Agreement and to perform the terms of this
Agreement.
F. Following approval of this Agreement by the City Council, the execution,
delivery and performance of this Agreement and the Closing will not conflict with any provision
oflaw applicable to City nor result in any breach of any provision of or constitute a default under
the agreement or instrument to which City is a party and which would affect the marketability of
title or SA's use of the City Property.
G. City is not prohibited from consummating the transaction contemplated in
this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment.
5. Indemnity. To the extent permitted by applicable law, SA and City hereby agree
to indemnify and hold each other harmless from and against and any all claims, demands,
liabilities, losses, damages, fines, fees, penalties, costs and expenses, including but not limited to
reasonable attorney's fees, by reason of the indemnifying parties' breach of any representation or
warranty set forth in either Section 3 or Section 4 above, as applicable, or in Section 7 below.
6. Real Estate Taxes and Assessments — City Property. There are no property
taxes or special assessments payable in respect of the City Property. SA shall pay all real estate
taxes and special assessments that become payable in respect of the City Property after Closing.
3
Page 77 of 128
7. Real Estate Taxes and Assessments — SA Property. SA is an entity exempt
from taxation and there are no property taxes or special assessments payable in respect of the SA
Property. In addition, all charges for solid waste removal, sewage, maintenance and other
assessments that are attributable to SA's possession, including those for which assessments arise
after Closing, shall be paid by SA.
. Transfer Tax. At Closing, SA shall pay the real estate transfer tax payable in
connection with the transfer of the SA Property to the City, if any. No real estate transfer tax is
payable under Iowa law in connection with transfer of the City Property to SA.
9. Risk of Loss and Insurance. SA shall bear the risk of loss or damage to the SA
Property prior to Closing, and City shall bear the risk of loss or damage to the City Property prior
to Closing. Each party shall insure its respective property in the manner and to the extent it
deems fit.
10. Environmental Matters. Each party shall provide to the other at Closing a
properly executed groundwater hazard statement showing no wells, solid waste disposal sites,
hazardous wastes and underground storage tanks on the property of the conveying party unless
disclosed here:
within 30 days after the date of this Agreement, either party may obtain, at its sole cost and
expense, a report from a qualified engineer or other person qualified to analyze the existence or
nature of any hazardous materials, substances, conditions or wastes located on the property to be
conveyed to it by the other party. The owner shall cooperate in providing reasonable access to
the other party's inspectors and engineers. In the event any hazardous materials, substances,
conditions or wastes are discovered on the property, and if the owner is required to expend any
sum in excess of $500 to remove any hazardous materials, substances, conditions or wastes, the
owner shall have the option to cancel this transaction and declare this Agreement null and void.
The expense of any action necessary to remove or otherwise make safe any hazardous material,
substances, conditions or waste shall be paid by the property owner, subject to said owner's right
to cancel this transaction as provided in this Section.
11. Default. If either party shall default prior to the Closing in any of its respective
obligations under this Agreement, the other party, by notice to such defaulting party specifying
the nature of the default and the date on which this Agreement shall terminate (which date shall
be not less than fourteen (14) days after the giving of such notice), may terminate this
Agreement, and upon such date, unless the default so specified shall have been cured, this
Agreement shall terminate. Each party shall also be entitled to exercise any other right or remedy
available under applicable law, and the prevailing pai-ty shall also be entitled to obtain judgment
for its costs and reasonable attorneys' fees.
12. Costs and Expenses. Unless specifically provided to the contrary in this
Agreement, each party shall bear all cost and expense of any type or nature whatsoever resulting
4
Page 78 of 128
from or arising in connection with any action that is necessary or expedient for such party to
perform its duties as provided in this Agreement, and neither party shall have any claim or right
of reimbursement or setoff against the other for any such cost or expense.
13. Cooperation. Each party agrees to cooperate in good faith with the other party in
connection with the performance of the other party's obligations hereunder or matters otherwise
contemplated hereby.
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, ment, or any
other relationship between the City and SA nor to create any liability for one party with respect to
the liabilities or obligations of the other party or any other person.
15. Vices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight delivery service, by United States registered or certified mail,
postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing
means), and addressed:
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention:
Mayor, with copy to Community Planning and Development Director.
(b) if to SA, at 89 Franklin Street, Waterloo, Iowa 50703, Attn:
Delivery of notice shall be deemed to occur i on the date of delivery when delivered in person,
or (ii) three (3) business days following the date of deposit if mailed by United States registered
or certified mail, postage prepaid.
16. 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 its duly authorized
representative, 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.
17. Severability; Reformation. Each provision, section, sentence, clause, phrase,
and word of this Agreement is intended to he 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 thereof shall be deemed to be written, and shall be construed and
enforced, as so limited.
5
Page 79 of 128
1 . Survival. Each of the terms of this Agreement shall survive the Closing.
19. Captions. All captions, headings, or titles in the paragraphs or sections of this
Agreement are inserted only as a matter of convenience and/or reference, a they shall in no
way be construed as limiting, extending, or describing either the scope or intent of this
Agreement t or of any provisions hereof
20. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties and their respective successors, assigns, and legal representatives.
21. 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.
22. Entire Agreement. This A reer e t, together with the exhibits 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 s bj ect matter hereof.
23. Time of Essence. Time is of'the essence of this Agreement.
II WITNESS WHEREOF, the parties have executed this Property Exchange Agreement
by their duly authorized officers as of the date first written above.
THE SALVATION ARMY CITY F WATERLOO, IOWA
By: By:
Quentin Hart, Mayor
Title:
6
Attest:
Kelley Felchle, City Clerk
Page 80 of 128
EXHIBIT "A"
Legal Description of SA Property
ORIGINAL PLAT WATERLOO EAST ALL LOTS 1 AND 4 BLK 1 EXC COM AT A PT ON NE LINE LOT
1 41 FT SE OF MOST NLY COR TH SW 120.25 FT TO A PT ON SW LINE LOT 4 80 FT SE OF MOST
WLY COR LOT 4 TH 30 FT NW TO MOST WLY COR SAID LOT TH 120 FT NE TO MOST NLY COR
LOT 1 TH SE 41 FT TO BEG SE 120 FT LOT 5 BLK 41 SE 120 FT LOT 8 BLK 41 SE 120 FT LOT 9 BLK
41.
Page 81 of 128
EXHIBIT "B"
Legal Description of City Property
AUDITOR RAINBOWS REPLAT LOT 18 (parcel 8913-23-429-022)
and
AUDITOR RAINBOWS REPLAT ALL LOT 14 IXC N 126 1/2 FT LOT 24 (parcel 8913-23-429-023)
and
AUDITOR RAINBOWS REPLAT 111 32 FT N 155 PTL T 13 (parcel 8913-23-429-011)
Page 82 of 128
CITY OF WATERLOO
Council Communication
Resolution approving request of the Community Planning and Development Department to seek proposals for
convention center management services at the Five Sullivan Brothers Convention Center.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department Reviewer
tlannng ��
K
ATTACHMENTS:
Description
D Convention Cc to 1, ]
SUBJECT:
Submitted by:
,y.
Action Date
Approve . 8/21/20 '1:,18 P
Type
ck i
N4at„Tr 1.
Resolution approving request of the Community Planning and Development
Department to seek proposals for convention center management services at
the Five Sullivan Brothers Convention Center.
Submitted By: Noel Anderson, Community Planning and Development
Director
Page 83 of 128
City of Waterloo
Five Sullivan Brothers Convention Center
Request for Proposals for facility operation and management
Submission Deadline: 1:00 p.m., September 30, 2019
Page 84 of 128
TABLE OF CONTENTS
FACILITY OVERVIEW 1
GOALS AND OBJECTIVES OF PROFESSIONAL MANAGEMENT 1
MANAGEMENT AND OPERATIONS SCOPE OF SERVICES 2
AGREEMENT TERM 3
SUBMISSION REQUIREMENTS 3
EVALUATION PROCEDURE AND SCHEDULE 4
PROPOSAL FORMAT AND CONTENT REQUIREMENTS 6
INDEMNIFICATION AND INSURANCE 12
FAILURE TO PROCURE INSURANCE 12
INSURANCE CHECKLIST 12
1
Page 85 of 128
FACILITY OVERVIEW
The City of Waterloo is seeking proposals for the management, operation, and booking of the
Five Sullivan Brothers Convention Center (Convention Center) in Waterloo, Iowa. The
Convention Center, located in the heart of downtown Waterloo, is owned and maintained by the
City of Waterloo. The Convention Center was built in 1975 and is currently operated under a
lease and management agreement that will expire on December 31, 2019. Two skywalks
connect the Convention Center to a parking garage and a Ramada hotel.
The Convention Center is currently used for conferences, weddings, concerts, pool and dart
tournaments, and exhibits. The building features a main exhibit hall and several meeting rooms
on the first and second floors. The Convention Center also features a commercial grade kitchen
designed to prepare meals for large catering events. Floor plans of the facility are available upon
request, and a walk through of the Convention Center may be scheduled. Please contact Noel
Anderson at 319-291-4366 or noel.anderson@waterloo-ia.org to request a walk through or floor
plans.
The City of Waterloo is seeking responses from those firms that have proven experience in
convention center management in communities of similar or larger size throughout the country.
GOALS AND OBJECTIVES OF PROFESSIONAL MANAGEMENT
The following are the goals and objectives of the City of Waterloo in issuing this RFP and
entering into a contract with a private firm for operational management services in relation to the
Convention Center.
1. Manage, operate, and maintain the facility to the highest industry standards and in the best
interest of the City. Ensure that the facility is kept clean, safe, secure, and in good working
order.
2. Protect the City's capital investments through high quality maintenance, supervision of
repairs, and recommendations to the City on capital improvements.
3. Effectively involve, as much as is practical, all sectors of the local community in the business
and employment opportunities that will become available as a direct or indirect consequence of
the operation of the Convention Center.
4. Maximize community -wide economic impact (via the accommodation of non -local
conventions, tradeshows, conferences and meetings) and overall utilization of the facility, while
focusing on minimizing the annual operating cost borne by the City.
5. Book a mix of community -oriented and business events providing economic and cultural
benefits to the City, which by their nature involve all segments of the community and may lead
to direct profits to the Convention Center.
1
Page 86 of 128
6. Deliver a broad array of cultural, educational, entertainment, sporting, meeting, conference,
exhibition, and other activities and events to meet the demands of residents of the City of
Waterloo.
7. Work closely with the City of Waterloo, Waterloo Convention and Visitors Bureau (dba
Experience Waterloo), Main Street Waterloo, and the local hospitality industry to aggressively
promote and market the Convention Center.
8. Attract regional and national events that will increase the economic impact that the
Convention Center has on the region via hotel room nights, food and beverage sales,
entertainment and transportation and other such direct spending.
9. Maintain a system of communication that encourages linkage and collaborative effort
between and among other segments of the hospitality industry within the community.
10. Maintain an open, clear, and responsive reporting system that enhances all facility
operations and public perception of the Convention Center.
11. Meet or exceed the benchmarks established by the Performance Review Board, which rates
and evaluates customer service satisfaction.
MANAGEMENT AND OPERATIONS SCOPE OF SERVICES
1. The City requires the Proposer to manage, in the most efficient and cost effective manner
possible and in compliance with all applicable laws, virtually all aspects of facility operations,
such as grounds -keeping, custodial and maintenance services, security, booking, marketing,
event services including event setup/tear down, scheduling, sponsorship and promotional
services and financial/administrative services including accounting, budgeting, purchasing,
human resources/personnel and contracting.
2. Specific services and expectations of the Proposer will include, but not be limited to the
following:
a. Ensure that the facility is meeting revenue goals for booking the venue monthly.
Conduct marketing and promotional efforts to generate additional events, conferences,
and expos to the facility that gamer an increase in revenue for the City of Waterloo and
an increased economic impact for the community.
b. Ensure that the facility is kept clean, safe, sanitary, and maintained in good working
order. Conduct repairs as necessary, certifying that work is compliant with, and when
possible exceeds, City, County, State and Federal regulations. Provide, or cause to be
provided, all incidental services required in connection with the Convention Center or its
events and provided services. Ensure grounds are properly manicured and aesthetically
pleasing. Hire, train, and maintain an adequate staff of courteous and efficient employees
on duty at the Convention Center and provide appropriate supervision of such employees.
2
Page 87 of 128
c. Collect all revenues generated through the operation of the Convention Center, deposit
into an account in the name of the City of Waterloo, and document and spend all monies
necessary for the proper management, operation, marketing, sales, maintenance, and
supervision of the facility. Prepare and submit monthly financial, operating,
maintenance, management, and other such reports as required by the City of Waterloo.
d. Develop annual plans and operational budgets for City approval incorporating defined
performance measures. Comply with the spending limitations imposed by such plans and
budgets. Upon conclusion of the fiscal year, conduct an audit by a certified public
accounting firm to develop audited financial reports and to certify compliance with
generally accepted accounting principles.
e. Administer all utility and other contracts required in the ordinary course of business in
operating the Convention Center, and if necessary or requested by the City, participate in
the solicitation of, and negotiations with, competing service providers.
f. Provide such advice and assistance in relation to the operation, management,
maintenance, and supervision of the Convention Center as the City may require
including, but not limited to, recommending potential changes to sources of revenue,
partnerships, prices and policies, and other such practices that could potentially add to the
financial success of the facility.
g. Respond in a timely manner to reasonable requests from the City.
AGREEMENT TERM
The Convention Center operates under a Lease and Management Agreement that expires on
December 31, 2019. The City wishes to enter into a new management agreement at the
conclusion of the current agreement or at the early termination of the agreement before
December 31, 2019, whichever event occurs first. The contract will be for a period of three (3)
to five (5) years, based on attainment of performance standards and contract negotiations, but
may be subject to early termination, upon reasonable advance notice, if a future owner of the
hotel that is connected by skywalk to the Convention Center will require the ability to operate the
Convention Center in conjunction with hotel investments and operations.
SUBMISSION REQUIREMENTS
1. Proposals should provide a straightforward and concise description of the Proposer's ability
to fulfill the requirements of the proposal. The following outlines information to be included in
the proposal. This outline is not all-inclusive and Proposers can add information as deemed
appropriate:
a. Proposals should be submitted to the address listed in the Evaluation Procedure and
Schedule section of this RFP.
3
Page 88 of 128
b. A cover letter, which will be considered an integral part of the proposal, must be signed
by an individual who is authorized to bind the Proposer contractually and must certify
that all statements in the proposal are true and correct. The letter must indicate the title or
position that the individual holds in the firm.
c. If a Proposer has a suggested form of agreement that would address the performance
requirements of this RFP, then the form must be submitted with the proposal for review
by the City's legal counsel during the evaluation of proposals. The City shall not be
bound to use the Proposer's agreement form or a modified form of it.
2. The City shall evaluate all of the proposals on the same basis as nearly as reasonably possible.
In order to ensure a uniform review process and to obtain the maximum degree of comparability,
it is required that proposals conform in all respects to the specifications outlined herein. Failure
to comply may eliminate proposals from consideration. Proposals must be organized in the
following manner as outlined in the Proposal Format Requirements section.
EVALUATION PROCEDURE AND SCHEDULE
1. Each Proposer is required to submit copies of their proposals as follows: four (4) unbound
hard copies of the proposal that includes all information in the format outlined in this Request for
Proposals (RFP). Proposals must be received by 1:00 p.m., September 30, 2019 in a sealed
envelope that states "Convention Center RFP" on the front of the envelope.
Proposals must be mailed to the following by the deadline listed above:
Noel Anderson
Community Planning and Development Director
City of Waterloo
City Hall
715 Mulberry Street
Waterloo, IA 50703
The Community Planning and Development Director will review all submissions and remove
any that are non -conforming or non-responsive to the RFP. Responses will then be delivered to
a committee composed of City staff, elected officials, and relevant stakeholders for review and
evaluation. The City will then enter into negotiations regarding a Management and Operation
Agreement and other related agreements, if appropriate.
2. Proposals for consideration must contain evidence of the firm's experience and abilities in the
specified area and other disciplines directly related to the proposed services. Other information
required by the City to be submitted in response to this RFP is included elsewhere in this
solicitation.
3. Proposals will be evaluated by a Proposal Evaluation Selection Committee using the proposal
format and content requirements set forth herein and other requirements and requests stated in
this RFP.
4
Page 89 of 128
a. Committee members will evaluate each proposal based on their experience and judgment
of how well the proposal addresses the City's requirements and needs. Each prospective
company is assured that any proposal submitted will be evaluated using the best available
information and without any forgone conclusions.
b. Consideration will also be given to solicited written clarification provided during the
evaluation process and input from staff or other persons judged to have useful expertise
that should be considered in a responsible, fair assessment of the relative merits of each
proposal.
c. The Committee may arrange interviews and/or conference calls with representatives of
the companies whose proposals are deemed to be within the "competitive range." The
purpose shall be the clarification of any aspect of the proposal that is deemed to have a
material bearing on arriving at a fair determination of which proposal(s) offers the best
overall value. In addition, each Proposer deemed to be within the competitive range may
be invited to submit a "best and final offer" if such seems appropriate under the
clarifications issued to the provisions and specifications of this solicitation.
d. When evaluations are completed, the Committee will determine which proposer has
submitted the best proposal using the criteria set forth herein and will make its
recommendation to the City Council. The committee anticipates completing proposal
reviews by October 31, 2019. The City will negotiate the terms and conditions of a
written agreement with such proposer, and upon completion of negotiations, the City
Council will award the contract and authorize the Mayor to execute it on behalf of the
City. No agreement shall be deemed to be created and exist, unless and until the City
Council adopts a resolution awarding the contract and authorizes the Mayor to sign the
contract.
e. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation
technique described in this section and its recognition and acceptance that subjective
judgments will be used by the evaluators in the evaluation.
4. The City reserves the rights to the following:
a. Revise or extend this evaluation procedure and schedule at its sole option. In its sole
discretion, expand or reduce the criteria upon which it bases its final decisions regarding
selection of an operator for the Convention Center.
b. Reject any or all proposals or parts of proposals, to negotiate modifications of proposals
submitted, and to negotiate specific proposal elements with a Proposer into a project of
lesser or greater magnitude than described in this RFP or the Proposer's reply.
c. Negotiate any modifications to a proposal that it deems acceptable, waive minor
irregularities in the procedures, and reject any and all proposals.
5
Page 90 of 128
d. Process the selection of the successful Proposer without further discussion.
e. Delay the award until the term of the current Lease and Management Agreement expires
on December 31, 2019 or, in the event the agreement is terminated early, at any point
prior to December 31, 2019. City shall not be obligated to award a contract to any
Proposer under this RFP and reserves the right not to do so in its sole discretion.
f. The City shall be the sole judge of Proposers' qualifications and reserves the right to
verify all information submitted by the Proposers. Final selection of a proposal will be
made of the responsive and responsible firm whose proposal, conforming to these
documents, is most advantageous and offers the greatest overall value to the City of
Waterloo with regard to the criteria detailed and the specifications set forth herein. The
City will evaluate proposals in light of all factors it considers relevant, including but not
limited to price, prior dealings, reputation, knowledge, skills, demonstrated experience in
managing similar facilities, and other information provided by the Proposer in response
to this RFP.
PROPOSAL FORMAT AND CONTENT REQUIREMENTS
1. To facilitate comparison and evaluation, Proposers must follow the format outlined in this
section. Failure to follow the required format may, at the sole discretion of the City, result in the
rejection of the submittal. Proposals shall contain concise written material and illustrations that
enable a clear understanding and evaluation of the capabilities of the Proposer. Legibility,
clarity, and completeness are essential. The City, at its sole discretion, may reject any proposal
which is unclear in any way.
2. Proposals must be organized in the following manner and order:
a. A cover letter that specifically states that the Proposer understands the work to be
accomplished and briefly outlines the Proposer's strengths in providing the required
services. An authorized corporate officer should sign this letter.
b. Title page with name of Proposer's firm/entity, address, telephone number, web address,
name of contact person, email address and the title of the RFP.
c. Table of contents that includes a clear identification of the written material by section and
page number.
d. Qualifications and Experience:
1. Professional Resumes.
2. References from current clients in cities of similar size and market.
e. General information about Proposer's firm entity. (See below for specific requirements)
6
Page 91 of 128
f. Firm background qualifications. (See below for specific requirements)
g. Management plan. (See below for specific requirements)
h. Marketing plan. (See below for specific requirements)
i. Operation plan. (See below for specific requirements)
j. Financial plan. (See below for specific requirements)
3. The Proposer must provide the required information both as to itself and any other person,
including without limitation, any corporation, partnership, contractor, joint venture, consortium,
or individual which the Proposer intends to assign to a key management role in the agreement
with the City of or to which the Proposer intends to assign material responsibilities under any
such agreement.
4. General Information:
a. Include a written assurance that no member, officer or employee of the Proposer or its
designees or agent or public official exercising any functions or responsibilities with
respect to the proposed services will have any personal financial interest, direct or
indirect, in any contract, subcontract or proceeds thereof, for work to be performed in
connection with the proposed project.
b. Provide a description of the proposing entity's current legal status (i.e., Corporation,
Partnership, Sole Proprietor, Joint Venture, etc.).
c. Provide the proposing entity's Federal Identification Number.
5. Firm Background Qualification:
a. Provide a profile of your organization and describe its legal structure, principal officers
and organizational structure. The Proposer must identify and distinguish between its own
experience, qualifications, and that of any parent entity, predecessor, and/or wholly
owned or partially owned subsidiary of the Proposer.
b. Provide a copy of any organization profile, sales brochure or other documentary
information pertaining to your organization.
c. Provide resumes of key personnel and principals of the organization. Identify the extent
to which each principal executive or staff member will be involved in the management of
the Convention Center and whether such involvement will be on a fully informed daily
basis or in an advisory capacity.
d. In order to protect the City from the sudden loss of managerial services, management
shall ensure that there is at least one other manager on the Convention Center staff,
7
Page 92 of 128
thoroughly familiar with the management and operation of these facilities and associated
issues and processes, who could capably serve in an interim capacity as the manager of
the Convention Center.
e. Provide audited and certified financial statements for your organization's last three years
of operation. If the Proposer is a joint venture, a copy of the joint venture agreement
must be submitted for each party.
f. Provide a complete and detailed history of your organization's facility management
experience for the last five years. Information provided should include a description of
services provided, examples of successful operational strategies, with particular attention
on:
1. Experience in rendering assistance to municipalities in the preparation and
publication of information for community organizations and news media with regard
to convention center and other public assembly facilities. Include the name(s) of the
community and contact name(s), address(es), telephone and facsimile number(s) and
type of facility.
2. Experience providing consulting services regarding the development and design of
convention centers and other public assembly facilities. Include the name(s) of the
community and contact name(s), address(es), telephone and facsimile number(s) and
type of facility.
3. Specific, quantifiable measures of success at other facilities managed by your
organization, with particular emphasis on convention/conference facilities that are
located in communities of a comparable size to the City of Waterloo and are located
in the Midwest.
4. Specific expertise gained from past management experiences relevant to potential
future Convention Center operations.
5. Provide a minimum of three professional references from the conference, convention,
tradeshow and/or public/consumer show industries, including contact name(s),
address(es), telephone and facsimile number(s) and industry type.
6. Provide a comprehensive list of contracts that have not been renewed with the
Proposer within the last five years, and the reason for non -renewal. Include name,
physical address, and type of facility, in addition to the name, title, address,
telephone, and facsimile number of the client contact or contract administrator.
7. Provide an explanation of your entity's experience in working with government
entities and other entities that market facilities for a government entity, including
cooperative efforts, philosophy and results.
8
Page 93 of 128
6. Management Plan:
a. Provide an explanation of the overall philosophy on how the Convention Center will be
managed.
b. Provide information on employee/employer relationships and the proposed management
structure for the facility; suggested management organizational chart; how the
management team will report to your organization's corporate offices and to the City;
how you expect to interact with City officials and community stakeholders; and the other
departmental functions, including City administration, marketing/public relations,
tourism operations/event services and finance.
c. Provide a suggested staff organizational chart that would reflect the proposed operating
structure for the Convention Center listing positions, functions, and responsibilities.
d. Provide actual examples of management/financial reports used by your organization to
advise governmental entities of performance.
7. Marketing and Sales Plan
a. Describe the proposed marketing and sales concepts that will further the goals and
objectives of the Convention Center while also maximizing the benefits to the City of
Waterloo area that will increase Hotel/Motel Tax revenue.
b. Include your approach for co -promoting events and/or creating new events at the
Convention Center.
c. Describe the proposed approach to booking/scheduling, promoting, advertising, and
marketing events at the Convention Center. Include procedures and policies for
scheduling events with outside event planners/promoters, event coordinators and others.
Describe the approach for booking/scheduling local events. Include specific examples of
the Proposer's ability to attract and successfully service and implement the proposed
events.
d. Proposer shall include any available evidence and examples of networking among the
Proposer's clients or other means used to enhance programming and describe the extent
to which such means would be available at the Convention Center.
e. List event scheduling goals for the first three years of operation, including type and
number of events.
f. Describe past experience working with other entities, such as local marketing/tourism
organizations, local hotel properties, or other entities in marketing and event booking.
g. Describe how event scheduling and promoting will be coordinated with the hotel attached
to the Convention Center, surrounding hotels, and local entities.
9
Page 94 of 128
h. Describe the organization of the proposed marketing/sales staff for the Convention
Center. Provide an organizational chart listing positions, functions, and responsibilities.
i. Discuss the possibility of operating under a non -competition agreement, whereby the
Proposer agrees that during the term of the agreement it will not operate any convention
or exhibition center within 100 miles of the Facility, without the prior written approval of
the City. If the Proposer does not intend to operate under a noncompetitive agreement,
discuss any competing facilities managed by the Proposer, with a particular focus on
managed facilities within sixty miles of the Facility. Present a plan for preventing any
conflict of interest in managing competing facilities.
8. Operations Plan:
a. Provide a description of the policies and proposed methods of providing the following
facility management services. Include a discussion of providing these services in-house
or by contracting with an outside party, as well as a discussion of your approach for
dealing with existing agreements.
1. Event Set-up and Teardown: Labor, equipment, and materials required to timely and
adequately set-up and breakdown all events utilizing the Convention Center.
2. Event Services: All services such as cleaning, business services, electrical, carpentry,
and plumbing required for a successful event.
3. Site Maintenance and Engineering: All maintenance and engineering services
required to guarantee a safe and well-maintained facility and efficient operation of the
Convention Center. Describe the upkeep and preventative maintenance plan for the
facility.
4. Security: All security services needed to keep the Convention Center and surrounding
grounds safe for visitors and in compliance with all laws.
5. Custodial Services: Labor and maintenance required to clean and service all areas of
the Convention Center.
6. Food Services: The provision, labor, purchasing, and maintenance required to manage
first-class catering and concessions at the Convention Center. Use of local catering
services, for part or all of food service needs, is encouraged but not required. If local
catering will be utilized, identify caterers and type or extent of service they will
provide.
b. Identify those services intended to be contracted out and to whom they would be
contracted to. The Proposer should list any local third -party entities or those outside
Black Hawk County.
10
Page 95 of 128
c. Discuss your ability to assume management responsibilities sooner than January 1, 2020,
including but not limited to the amount of advance notification required and what steps
would be necessary to provide management and operations services for scheduled regular
events and one-time events. The City assumes that the Proposer may not be able to
provide the full level of services indicated in this RFP before January 1, 2020 under a
scenario where an early start is requested, and the Proposer is requested to indicate what
particular services cannot be fully provided before that date.
9. Financial Plan:
a. Provide a strategy for minimizing the annual operating expenses and maximizing the
annual operating revenues of the Convention Center. A primary mission of the
Convention Center is to generate new visitation and associated economic impact for the
community. However, it is understood that a strong focus on the maximization of
economic impact can have negative effects on convention facility financial performance,
and vice versa. Discuss the critical balance that needs to be struck for convention
facilities between financial operating performance and economic impact generation, and
examples of approaches/strategies that you have employed to attempt to bring these two
issues closer to a "win-win" situation for the facility and community.
b. Provide examples of management reports that will be submitted to the City on a monthly
basis detailing profits/losses, surcharge details and any other significant financial activity
from the previous month.
c. Understanding that the City will be financially responsible for, and have the final
approval of capital improvements, provide a description of your entity's role in
identifying and prioritizing capital improvements, including approval, billing, purchasing,
and contracts.
10. Compensation Proposal:
a. It is the City's desire to obtain creative compensation proposals related to the
management of the Convention Center. It is assumed that compensation for the selected
Proposer will consist of a "base and incentive fee" structure. At a minimum, each
proposal shall address the following:
1. Base Fee: The amount of the annual fee for management services, if any.
2. Incentive Fee(s): Identify the standards that will be used to determine the amount of
the incentive fee. The City is interested in incentives that balance the need for
avoiding or minimizing operating deficits, maximizing the attraction of non -local,
economic impact generating events, maintaining high standards of physical product
and service quality.
3. Capital Investment(s): Identify areas in which the Proposer will invest in additional
fixtures, equipment, or other aspects of the Convention Center.
11
Page 96 of 128
b. Describe the nature and amount of the financial resources that would be committed by the
Proposer to enhance the likelihood of the successful operation and management of the
Convention Center. All compensation proposals must comply with IRS regulations to
protect the tax-exempt status of the City's bonds.
INDEMNIFICATION AND INSURANCE
1. A successful Proposer shall agree to protect, defend, indemnify, and hold the City harmless
from any and all liability, loss, damage or expense, including but not limited to attorney fees,
arising from all claims of bodily injury, death, or property damage arising out of or resulting
from the acts or omissions of Proposer, its officers, managers, employees, and agents, in respect
of their activities in respect of the agreement or the Convention Center, but specifically
excluding any losses, damage or expense resulting from the sole negligence of the City or its
agents.
2. A successful Proposer shall agree that without limitation of the foregoing, it agrees to protect,
defend, indemnify, and hold the City harmless from any and all liability, loss, damage, or
expenses arising from any employment relationship between the successful Proposer and its
employees, including claims under any statute, such as but not limited to the worker's
compensation laws, unemployment compensation laws, civil rights laws, the Equal Employment
Opportunity Act, and the Fair Labor Standards Act.
3. A successful Proposer shall obtain, provide, and maintain during the term of the agreement
the types and amounts of insurance as indicated on the Insurance Checklist below. The City of
Waterloo shall be named as an additional insured on all liability policies required by this
contract. When naming the City of Waterloo as an additional insured, Proposer shall ensure that
the insurance companies endorse the policies to state that the City will not be liable for the
payment of any premiums or assessments.
4. Any exceptions to these requirements must be approved by the City Clerk's Office.
FAILURE TO PROCURE INSURANCE
A successful Proposer's failure to procure or maintain required insurance program shall
constitute a material breach of Agreement under which the City may immediately terminate the
proposed Agreement.
INSURANCE CHECKLIST
1. Workers' Compensation and Employer's Liability per the statutory limits of the State of Iowa.
2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000 per
occurrence and $2,000,000 in the aggregate for bodily injury property damage to include
Premises/Operations; Products, Completed Operations and Contractual Liability; Contractual
12
Page 97 of 128
Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in
"insurance requirements" of specifications).
3. Automobile Liability: $1,000,000 each occurrence - owned/non-owned/hired automobiles
included.
4. Excess Liability: $10,000,000 per occurrence to follow the primary coverages.
5. The City must be named as an additional insured on the liability policies and it must be
stated on the certificate. Coverage shall be written on a primary and non-contributory basis and
shall include a waiver of subrogation in favor of the City of Waterloo.
6. Other insurance as indicated:
a. Liquor Liability - $1,000,000
b. Fire Legal Liability - $300,000
c. Employee Dishonesty Bond - $100,000
7. All such policies shall be in form and with insurance carriers acceptable to the City of
Waterloo. Each such policy shall provide that thirty (30) days' prior written notice of
cancellation must be given to City before cancellation of the policy will be effective. Seller will
take all steps required to prevent all such insurance from lapsing or being canceled. Seller will
submit a duly signed certificate of insurance issued by an insurer acceptable to City for the
aforementioned insurance coverage.
13
Page 98 of 128
CITY OF WATERLOO
Council Communication
Resolution approving submission of a State Revolving Fund Water Resource Restoration Sponsored Project
Grant application, in the amount of $500,000, in conjunction with a Dry Run Creek construction project.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department
lq,ngineer ng
Clerk Office
ATTACHMENTS:
Description
D R. ohltion. S R vva
SUBJECT:
Submitted by:
Summary Statement:
Reviewer Action Date
Knutson, Janine Approves . 8/2.1 /2,0 9 ,,,,,, :
Even, 1.. eAnn Approves 8/21 201 7
Type
r 1.o dJtKJrl I ,.r C ver 114it rm.o
Resolution approving submission of a State Revolving Fund Water
Resource Restoration Sponsored Project Grant application, in the amount
of $500,000, in conjunction with a Dry Run Creek construction project.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
The Iowa DNR's Clean Water Statewide Revolving Fund (CWSRF) has
established a secondary program that allows utilities to fund water resource
restoration sponsored projects (sponsored projects).
With a normal CWSRF loan, the utility borrows principal and repays
principal plus interest and fees.
On a CWSRF loan with an approved sponsored project, the utility borrows
principal for the main project and a portion of the interest and fees to be paid
is then made available to the utility for use in funding a project that improves
water quality. Funding is available at a maximum of $100,000 per $1 million
dollars borrowed. The sponsored projects are generally storm water based
and require a separate application. Funding for sponsored projects is
limited.
Page 99 of 128
RESOLUTION NO.
A RESOLUTION APPROVING SUBMISSION OF AN APPLICATION
FOR THE SRF WATER RESOURCE RESTORATION SPONSORED PROJECTS PROGRAM
WHEREAS, the City of Waterloo, Iowa, is currently implementing a project for the construction of Dry
Run Creek at a cost of approximately, $5,000,000;
WHEREAS, Iowa law allows sewer utility revenues to finance a category of projects, called Water
Resource Restoration Sponsored Projects;
WHEREAS, said project is eligible for about 10% of the SRF loan amount under the State of Iowa's SRF
Water Resource Restoration Sponsored Projects program sponsored by the Iowa Department of Natural
Resources;
WHEREAS, said loan program would lower the cost of the project for the City of Waterloo
approximately $500,000 for future locally directed, watershed -based projects to address water quality
problems;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Waterloo, Iowa, to approve the
City's Application for the SRF Water Resource Restoration Sponsored Projects program;
AND IT IS FURTHER RESOLVED that the Mayor and City Clerk are authorized and directed to take all
necessary administrative actions to implement this resolution.
PASSES AND APPROVED this 26th day of August, 2019.
Mayor —Quentin Hart
Attest:
City Clerk — Kelley Felchle
Page 100 of 128
CITY OF WATERLOO
Council Communication
Resolution approving a RISE grant application for local development, designating the Mayor as the official
representative of the City, authorizing the Mayor to affix his signature to said application, providing financial
assurances in conjunction with same, accepting responsibility for improvements to Shaulis Road, for a total
project cost of $5,000,000, and authorize the Mayor and City Clerk to execute said documents.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department Reviewer Action Date
P lanning & '':aon11 g f e c cyK y A pipa.✓ 8/22/2( P M
ATTACHMENTS:
Description
11 R csolutiDo o °- S is R t.
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Exp end iture Required:
Source of Funds:
Policy Issue:
Type
a .ckup Materia
Resolution approving a RISE grant application for local development,
designating the Mayor as the official rep res entative of the City, authorizing
the Mayor to affix his signature to said application, providing financial
assurances in conjunction with same, accepting responsibility for
improvements to Shaulis Road, for a total project cost of $5,000,000, and
authorize the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning & Development
Director
Approve the application for RISE funds with the Iowa Department of
Transportation.
Revitalize Iowa's Sound Economy (RISE) program was put into place by
the IDOT in 1985. It was established to promote Economic Development
throughout the state by allowing assistance for transportation development.
The City of Waterloo has utilized the RISE program in many projects such
has the Midport Boulevard extension and Fitzway & Galactic Drive
Extensions.
The City of Waterloo is applying for the RISE Grant to assist with the
reconstruction of Shaulis Road to allow for better access for the proposed
Lost Island Theme Park.
$2,500,000.00 (50% match)
Bonds/ TIF
Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an
environment to attract population to Waterloo, create new tax base, new
investment in CURA area and TIF areas
Page 101 of 128
RESOLUTION NO.
Attachment B 1 Resolution
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA APPROVING A RISE
APPLICATION FOR LOCAL DEVELOPMENT; DESIGNATING THE MAYOR AS THE OFFICIAL
REPRESENTATIVE OF THE CITY, AUTHORIZING THE MAYOR TO AFFIX HIS SIGNATURE TO SAID
APPLICATION AND PROVIDING FINANCIAL ASSURANCES IN CONJUNCTION WITH SAME, AND
ACCEPTING RESPONSIBILITY FOR IMPROVEMENTS TO SHAULIS ROAD
WHEREAS, providing adequate, safe, and efficient movement of persons and goods is an integral component of the
City of Waterloo's efforts to retain and attract quality economic development and j obs to the area; and
WHEREAS, Lost Island plans to develop a major Theme Park on 200 acres of land south of Shaulis Road and west
of U.S. Highway 218; and
WHEREAS, construction of the improvements to Shaulis Road are imperative to adequately, safely, and efficiently
handle the increased automobile, truck, and non -motorized traffic associated with the planned development; and
WHEREAS, failure to provide adequate, safe, and efficient access to the proposed development could negatively
impact the development of Lost Island Theme Park, resulting in a potential loss of tourism and jobs to the state; and
WHEREAS, it is in the best interest of the City of Waterloo to avail itself of financial assistance through the RISE Local
Development Program as administered by the Iowa Department of Transportation (DOT); and
WHEREAS, the RISE Local Development application, with a total project cost of $5,000,000.00, best addresses the
needs of the City.
NOW THEREFORE, BE IT RESOLVED by the City Council of Waterloo, Iowa, as follows:
(1) The RISE Local Development application for the construction of improvements to Shaulis Road is
hereby approved and endorsed by the City Council of Waterloo, Iowa as necessary to meet the traffic
needs associated with the 200 -acre Lost Island Theme Park development.
(2) The roadway improvements provided for in this application will be dedicated to public use and
adequately maintained by the City of Waterloo.
(3) The City assures the Iowa DOT that funds for the local match of 50 percent of the local eligible
share have been committed to the RISE project.
(5) The Mayor is hereby designated as the official representative of the City and is further hereby
directed and authorized to affix his signature to said application and certain State assurances in
conjunction with same.
Passed and adopted this day of , 2019.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
Page 102 of 128
CITY OF WATERLOO
Council Communication
An ordinance adding a new 5-3-15 Unfair Use of Criminal Record in Hiring Decisions.
City Council Meeting: 8/26/2019
Prepared: 7/17/2019
ATTACHMENTS:
Description Type
D Ordinance asPErNAL. Backup Material.
:
D crimitir record ord employment 8-20-19 redhrK Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Motion to receive, file, consider, and pass for the first time an ordinance
amending the City of Waterloo Code of Ordinances by adding a new Title 5
Police Regulations, Chapter 3 Human Rights, Section 15 Unfair Use of
Criminal Record 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 kind of ordinance, employers "exclude candidates who
have any sort of cr. • al record, which can include misdemeanors, arrests
Summary Statement: that did not result in a conviction, and convictions for crimes not relevant
to the job ..."
Expenditure Required: $0
S ource of Funds : N/A
Policy Issue: N/A
Alternative: N/A
Background Information:
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 ..."
Page 103 of 128
[new section] 5-3-15: 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 an
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. Employer: Any person, partnership, company, corporation, labor organization or association
which regularly employs fifteen (15) or more persons within the City of Waterloo, including the
City of Waterloo, its departments, boards, commissions and agencies. Job placement and
referral agencies and other employment agencies are not employers for purposes of this
ordinance, except when hiring for their own internal needs, and private schools providing a
regular course of instruction for any part of kindergarten through high school education are not
employers for purposes of this ordinance. Neither the United States or any of its political
subdivisions, nor the State of Iowa or any of its political subdivisions other than the City of
Waterloo, is an employer for purposes of this section. For clarity, public employers such as, but
not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye
Community College are political subdivisions of the State of Iowa and therefore exempt from this
ordinance.
6. 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.
7. Inquiry: Any direct or indirect conduct intended to gather information, using any mode of
communication, including but not limited to a box or blank that seeks to elicit information about an
applicant's criminal record on an employment application form.
8. 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.
9. Legitimate business reason: A reason for which an 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, whether the employment presents an opportunity for the commission of a
similar 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.9.
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.
Page 104 of 128
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.
10. 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.
B. Prohibited Use of Criminal Record Information: In connection with the employment of any person, it
shall be an unlawful discriminatory practice for an 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. Effect on Other Laws: This section shall not be interpreted or applied as imposing an obligation on
the part of an employer to provide accommodations or job modifications in order to facilitate the
employment of an applicant.
2
Page 105 of 128
[new section] 5-3-153A: 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 an
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. Employer: Any person, partnership, company, corporation, labor organization or association
which regularly employs fifteen (15) or more persons within the City of Waterloo, including
the City of Waterloo, its departments, boards, commissions and agencies. Employer also
includes jJob placement and referral agencies and other employment agencies are not employers
for purposes of this ordinance, except when hiring for their own internal needs, and private
schools providing a regular course of instruction for any part of kindergarten through high school
education are not employers for purposes of this ordinance. Neither the United States or any of
its political subdivisions, nor the State of Iowa or any of its political subdivisions other than the
City of Waterloo, is an employer for purposes of this section. For clarity, public employers such
as, but not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye
Community College are political subdivisions of the State of Iowa and therefore exempt from this
ordinance.
6. 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.
7. Inquiry: Any direct or indirect conduct intended to gather information, using any mode of
communication, including but not limited to a box or blank that seeks to elicit information about an
applicant's criminal record on an employment application form.
8. 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.
9. Legitimate business reason: A reason for which an 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, whether the employment presents an opportunity for the commission of a
similar 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.9.
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.
Page 106 of 128
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.
10. 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.
B. Prohibited Use of Criminal Record Information: In connection with the employment of any person, it
shall be an unlawful discriminatory practice for an 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,
44 OA
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 h
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 reg rdi
employment. After three (3) business days, an employer may choose, but is not required, to hold
04 0
questions about an applicant's criminal record are resolved.
C. Effect on Other Laws: This section shall not be interpreted or applied as imposing an obligation on
the part of an employer to provide accommodations or job modifications in order to facilitate the
employment of an applicant.
2
Page 107 of 128
CITY OF WATERLOO
Council Communication
Executive Session on the purchase of real estate pursuant to Iowa Code Section 21.5(1)(j).
City Council Meeting: 8/26/2019
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kcky Approved
Submitted by: Submitted By:
Page 108 of 128
CITY OF WATERLOO
Council Communication
Leisure Services Commission Board minutes of July 9, 2019.
City Council Meeting: 8/26/2019
Prepared:
REVIEWERS:
Department Reviewer Action Date
11...., eisure Services Eluting, Paul Approved 8/18/2019 ...... 11:52 A.M
C lerk. „lira; e Iiii.gby, .1N an.cy ..Approve 8/20/2019 -,,,, 926 .AM
ATTACHMENTS:
Description
D 07/09/20 1 Minutes
Type
Backup 'Material.
SUBJECT: Leisure Services Commission Board minutes of July 9, 2019.
Submitted by: Submitted By:
Page 109 of 128
MINUTES
WATERLOO LOO L ISURE SERVICES COMMISSION
TUESDAY, July 9, 2019
Byrnes Park Office
}
1101 Campbell Avenue
Brenda Durbahn called the meeting to order at 7:31 am.
Present: Brenda Durbahn, Tom Powers, Sharon Samec, Jaclyn Spencer, Bob Bamsey
Council Liaison Steve Schmitt, Tim Jamison WCF Courier Staff: Paul Huting,
Bolger, Chris Dolan, Travis Nichols, Bill Bachman, Mark Gallagher
Absent: Tom Christensen, Xavier Leonard
}
Brenda Durbahn called for approval of the agenda. Motion to approve agenda by
Sharon Samec second by Tom Powers Ayes: All, Nays: None
Brenda Durbahn called for motion for approval of the 06/11/2019 meeting minutes.
Motion by Tom Powers to approve minutes, second by Sharon Samec
Ayes: All Nays: None
Brenda Durbahn called for approval of the bilis. Motion by Bob Bamseyto approve bilis,
second by Sharon Samec Ayes: All Nays: None
COMMITTEE REPORTS:
GOLF COMMITTEE
The Golf Committee met Tuesday, June 25, 2019 at the Gates Golf Course
maintenance building. The existing building and the proposed plans for replacement
building w e re reviewed.
POLLINATOR PLANTING PROJECT
Paul Huting and Todd Derifield have been involved in meetings related to pollinator
planting projects. Todd Derifield is leading the City's involvement in the project and is
currently in the process of identifying potential City -owned sites for pollinator plantings.
OUTDOOR POOLS UPDATE
Byrnes Pool will not be opening this season. Contractors hired to repair the pool
discovered the problem is much more significant than originally expected. A giant frost
boil under the aluminum pools is wallowing up earth and rock, jeopardizing the integrity
of the pool walls around it. Chester Pools is looking at repair options for the pool; one
option involves making the 12 foot deep end three feet shallower. That could involve
removing the slide. At this point the repairs would be made yet this year for the 2020
pool season. Another issue is deciding how much is reasonable to spend repairing the
pool which is well past its expected life span. Gates pool also has issues related to the
aging pool. Swimming lessons are being offered at the Gates Pool. Gates Pool is
operating with extended hours the SportsPlex pool also has hours open to public swim.
The City is currently evaluating a public referendum to replace both Byrnes and Gates
pooh.
Page 110 of 128
STAFF UPDATES
Forestry — Todd Derifield
Mowing parks, trimming and removing trees, watering newly planted trees. Sprayed
medians and sidewalks.
Construction — Travis Nichols
Running weekly summer routes. Extra work required for clean up after the Fourth of
July events. PCI did some work at the Boat House. Skate Park waiting on more funding.
Clean up at Getty Lake trail due to high water.
Golf and Downtown Area — JI3 Bolger
Downtown Area had a lot of garbage from fireworks, not the City fireworks, just from
people putting off their own fireworks in the amphitheater area. The downtown crew
helped with the various events in this past month; Relay for Life Event, Mayor's firework
event, and the Pedal Fest Event. Golf course crews are preparing for the Waterloo
Open. Lincoln Park meeting was held to discuss items to include data cable/fibre optics,
potable water and corner pavers.
Young Arena — Chris Dolan
Black Hawks will be having summer camps. This brings in many out of town
participants. The Black Hawks are working on their game schedule, hope to have it in
the next few weeks. Working with the architects on the roof project.
Sports and Sp rtsPRex Mark Gallagher
Baseball and softball activities are winding down. Tennis lessons are going on. Court
Kings have one more game left.
The next regular Leisure Services Commission Meeting will be held Tuesday,
August 13, 2019 at the 1101 Campbell office.
Brenda Durbahn asked for motion to adjourn. Motion by Sharon Samec to adjourn,
second b Bob Barn ey. Adjourned at 8:28 am.
LI
Sharon Samec, Seetary
S )
Signed this Date
Page 111 of 128
CITY OF WATERLOO
Council Communication
Community Development Board Meeting minutes of July 2019.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department Reviewer
Community J)vJoprnLnt Iligby, N an cy
(lerk 0!!Ke 1 igby, Nancy
ATTACHMENTS:
Description
D July 201E9 '1..3(y1:,rd Mrnutes
SUBJECT:
Submitted by:
Recommended Action:
Action
A.pproved
Approve
Type
ver Memo
Date
8/21/2019 11:34- AM
8/21/2019 11:34. A.M
Community Development Board Meeting minutes of July 2019.
Submitted By:Rudy D. Jones, Community Development Director
approval
Page 112 of 128
MINUTES
COMMUNITY DEVELOPMENT BOA
July 16,2019
I' 1
EETING
The regular meeting of the Community Development Board was held in the council chambers at City Hall at 715
Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, July 16, 2019.
Members present: John Chiles Cody Leistikow, Angela Weekley and Carn Campbell
Members absent: Donald Share, Precious Clark -Muhammad
Also present: Rudy D. Jones, Community Development Director; Anita Merfeld, Administrative Secretary; Matt
Chesmore, Senior Rehabilitation Specialist; Noel Anderson, CPD Director; Angie Fordyce, Co munity
Development Coordinator and Abraham Funchess, Waterloo Human Rights Director
A. APPROVAL OF THE AGENDA FOR JULY 16,2019
Chairperson John Chiles asked for a motion to approve the agenda.
It was moved by Weekiey, and seconded by Leistikow to approve the Agenda. Motion carried.
B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON JUNE 18, 2019.
Chairperson John Chiles asked for a motion to approve the minutes for the June meeting.
It was moved by Weekley, and seconded by Leistikow to approve the minutes for the June 18,2019 meeting.
otion carried.
C WEL COML NEW BOARD MEM ER CAM CAMPBELL
D. OLD BUSINESS
1. Staff Updates and Training
Civil Service has given authorization to advertise for the two vacant positions which are Intake /Project Specialist
and Rehab Specialist. Staffhopes that we have these positions filled by late August.
2. Lead Grant Update
Benchmarks numbers are down. The lead grant list for both owner occupied and rental rehab customers has grown.
Staff is looking at the NOFA for the next lead grant. Matt went over the lead grant numbers and explained how HUD
looks at our numbers and determines whether we are in the "red" "yellow" "green" status.
E. NEW BUSIN SS
1. Guest Speaker -Abraham Funchess-Waterloo Human Right 'rector
2. Endorse Rehabilitation Contracts for June 2019
Chairperson John Chiles asked for a motion to approve the contracts for June 2019.
It was moved by Leistikow, and seconded by Weekley to approve the June contracts.
otion carried.
3. Neighborhood Services Report
Felicia touched on National ight Out and explained some of the events that take place on that night. Block by Block
will be held on September 7th and the list for action has grown. There are 14 blocks that they are looking at to
possibly do lawns etc.
ISCUSSION ITEMS
ADJOURN MEETING
With no f rther business it was moved by Weekley, and seconded by Campbello adjourn the meeting.
Motion carried. The Chair declared the meeting adjourned.
Respectfully submitted,
"611 hare
oaiLl Secretai
1
Page 113 of 128
CITY OF WATERLOO
Council Communication
Board of Adjustment minutes of June 25, 2019.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department
131,,nning & oinng
Clerk ) !lice
ATTACHMENTS:
Description
D 0 A 6/.75/119
SUBJECT:
Submitted by:
Reviewer
S clime ,er, Ark;
Jlighy.1Nan.cy
Action Date
Approved 8/21/2019 10:2 A...M
Approve 8/21/2019 1040 .AM
Type
ver 'Memo
Board of Adjustment minutes of June 25, 2019.
Submitted By:
Page 114 of 128
MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD
ON JUNE 25, 2019 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL
Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at
4:00 p.m. Board members in attendance were: Brad Condon, Jeri Thornsberry, John Chiles and
April Leadley. Board members absent were Beckman. Staff in attendance was: Aric Schroeder, and
Chris Western.
I. Approval of the June 25, 2019 agenda.
It was moved by Chiles and seconded by Thornsberry to approve the agenda as submitted. Motion
carried unanimously.
II. Approval of the Minutes of the Regular Meeting on, May 30, 2019.
It was moved by Thornsberry, seconded by Leadley to approve the minutes of the May 30,
2019 Regular Meeting. Motion carried unanimously.
III. Decision Items
1. Request by Professional Lawn Care for a variance to allow for the use of gravel in vehicular
use areas in an "M-1 "Light Industrial District located in the Wagner Road Subdivision lots 3
& 4.
Western gave staff report recommending approval. Condon discussed the uniqueness of the request
as stated in the staff report. Western stated that staff feels that there is a uniqueness to the request
do to there being other businesses in the area that have gravel parking areas and the easement in
the middle of the property. Schroeder stated that it was staff's intent to say that the request is
unique and that is why staff recommended approval. Thornsberry asked about the easement that
runs through the middle of the site and if the easement could be moved. Schroeder stated that there
is a sanitary sewer in the easement that the city installed to serve the sit so the easement could not
be moved or vacated. Andrew Licktieg who is part owner of Professional Lawn Care addressed the
board reiterating that the sanitary sewer easement that is located in the middle of the property
forced them two build two separate buildings which by ordinance required them to pave a much
larger area then if they were able to build one building and is the reason for the variance request.
It was moved by Chiles, seconded by Thornsberry to approve the request by Professional Lawn
Care for a variance to allow for the use of gravel in vehicular use areas in an "M-1 "Light
Industrial District located in the Wagner Road Subdivision lots 3 & 4. Motion Carried
unanimously.
2. Request by Brad Carrier for a variance to allow for the changing of an existing legal non-
conforming use to a new legal non -conforming use to allow for the establishment of a pest
control company or any similar contractor businesses and a variance to allow for 3' x 12' wall
or roof sign and a 3' x 3' monument sign in a "R-2" One and Two Family Residence District
located at 1949 Lafayette Street.
Western gave the staff report recommending approval. Condon asked what the criteria was for why
the need for a variance to change business types. Western explained that the area is zoned "R-2"
One and Two Family Residence District and that the previous businesses were "Grandfathered" but
that the "Grandfather" status was lost when the most recent business was closed for a year or more.
Schroeder reiterated that the ordinance requires that any change from one non -conforming use to
another, or the most recent business has been closed for a year or more a review by the Board of
Page 115 of 128
BOARD OF ADJUSTMENT
June 25, 2019 Minutes
Adjustment is required. Goldsberry asked if there were any objections to the request. Western stated
that there were none.
It was moved by Goldsberry, seconded by Chiles to approve the request by Brad Carrier for a
variance to allow for the changing of an existing legal non -conforming use to a new legal non-
conforming use to allow for the establishment of a pest control company or any similar
contractor businesses and a variance to allow for 3' x 12' wall or roof sign and a 3' x 3'
monument sign in a "R-2" One and Two Family Residence District located at 1949 Lafayette
Street. Motion carried unanimously.
3. Request by Floyd Junker for a variance to exceed the 35 percent Maximum Lot Coverage
Regulation to allow for the site to cover 2,524 SF 442 SF, more than allowed to allow for the
construction of a 28' x 24' (672 SF) detached garage in a "R-2" One and Two Family
Residence District located at 1210-1212 Mulberry Street.
Western gave staff report recommending approval. Goldsberry asked for clarification as to
where the garage would be located and how it would be assessed. Western pointed out on a map
the location and explained that the applicant's property shares a driveway with the adjacent
property. Chiles asked if there were any objections on file. Western stated that there were none.
Condon stated that he believed that approval of the request would not set precedence in the
area as the property has historically been over the maximum lot coverage. Goldsberry agreed.
The applicant addressed the board stating that the garage is very much needed due to theft and
vandalism he's experienced.
It was moved by Chiles, seconded by Goldsberry to approve the request by Floyd Junker for a
variance to exceed the 35 percent Maximum Lot Coverage Regulation to allow for the site to
cover 2,524 SF 442 SF, more than allowed to allow for the construction of a 28'x 24' (672 SF)
detached garage in a "R-2" One and Two Family Residence District located at 1210-1212
Mulberry Street. Motion carried unanimously.
4. Request by Patrick Kupka for a variance to the accessory structure maximum size limit, 15'
maximum height limit requirement, 35% maximum lot coverage requirement, 30%
maximum rear yard lot coverage, and to have vertical metal siding to allow for the
construction of a 38' x 48' (1,824 SF) accessory structure, 974 square feet larger than the
maximum allowed, a height of 16.5', 1.5' taller than the maximum allowed, to exceed the
maximum lot coverage of 3,234 square feet, 200 square feet more than the maximum, and to
exceed the 30% rear yard maximum lot coverage of 1,386 square feet, 438 square feet more
than allowed and to have vertical metal siding in a "R-2" One and Two Family Residence
District located at 938 Shultz Street.
Western gave the staff report recommending denial. Condon asked how the proposed garage would
be accessed as it appears there is not enough room along either side of the property. Western
explained that applicant planned on putting a second garage door on the rear of the attached garage
to gain access the building. The applicant addressed the board explaining that the intent is to be able
to store a camper, truck, and various other items inside. The applicant also stated that he would be
willing to put residential siding on the building instead of the vertical metal siding and that being
next to a contractor yard to the west is uniqueness. Leadley asked if it would be for personal use and
not for renting space. The applicant stated it would be for personal use and the building would not be
rented out. Condon stated that his vote would be no as presented and asked staff if the request was
denied would the applicant have to wait six months. Schroeder stated that the applicant would have
Page 116 of 128
BOARD OF ADJUSTMENT
June 25, 2019 Minutes
to wait the six months. Condon also asked the applicant if he wanted to withdraw the request to
avoid having to wait six months. Schroeder stated that the board could agree to different terms as
well or maybe table the request either way staff is recommending denial of any request above 850
square feet. Leadley asked the applicant if there is s smaller size that would work and if there was an
urgency to build the building. The applicant stated that he had not considered a smaller sized
building than what was requested and that he would like to start building as soon as possible.
Schroeder stated that the 256 square foot covered porch that's included in the total square footage of
the proposed building could be removed to reduce the total square footage being requested. Condon
stated that he recommends that the request be tabled to allow the applicant time to prepare a more
reasonable request as he could not vote in favor for the request as submitted. The applicant asked
how many square feet is a 30' x 30' building. The board stated that a 30' x 30' building is 900 square
feet. Mike Bruskern who lives at 755 Skyview Road addressed the board stating that any new
development in this area is an asset as long as the applicant stays within the siding guidelines and
that no one is going to build a new home in this area being next to a contractor yard and junk yard.
Bruskern also felt the project would improve the value of the neighborhood. Chiles ask why the
applicant asked about a 30' x 30' building. The applicant stated he was just curious and that the staff
report stated his request was for a 38' x 48' building and he was only asking for a 30' x 48'. Western
stated that the 256 square porch area does count towards the total square footage therefore the
request is for a 38' x 48' square foot building. Western went on to explain that the proposed building
is 600 square feet bigger than the house which is legal but if it were attached the proposed building
would not be allowed. Condon stated even if the porch was removed the building would still be 590
square feet over the limit. The applicant stated he would be willing to remove the porch. Western
asked what the minimum size building could the applicant build and still accomplish his goals. The
applicant stated he needs to store a Ford F250 Truck, trailer, and boat and wants a small work area.
Schroeder pointed out there is some confusion between the site plan and the floor plan. The site plan
shows a square building but the floor plan does not The floor plan shows a main base of 36' x 48',
1,728 and a 32' x 8' porch area of 256 square feet for a total of 1,984 square feet. The applicant stated
that the building would not be visible. Schroeder stated that based on the corrected dimensions of the
main garage area of 30' x 48' and the porch area of 32' x 8' the total is 1,696 square feet. Chiles
stated he's troubled by the fact that the proposed building is double the size of what's allowed and
has not heard any uniqueness or justification for the proposed size. Chiles also stated he agrees with
Condon that the request should be tabled until a more reasonable request is submitted or pick a more
reasonable number now. Condon pointed out that if the request was approved it would only be
because of the uniqueness that there is a contractor storage yard adjacent to the property but
suggested that the applicant return next month with a more reasonable plan. The applicant stated he
didn't think he could get his contractor to redraw the plans in a month. Condon stated he didn't
think new drawings were as necessary as is just coming up with reasonable numbers and expressed
concern that if the board were to vote today the request would be denied which would require a 6
month waiting period to re -apply. Schroeder provided examples of various smaller dimensions that
may be more reasonable and closer to the maximum size allowed. The applicant asked for
clarification for what the board wants him to do for the next meeting. Western explained that he and
the applicant will work together over the next 30 days to develop a new proposal and if a more
reasonable proposal is developed the request would be on next month's agenda. If a new proposal is
not ready the request would be on the following month's agenda. Condon reiterated that he was very
concerned with setting precedent.
It was moved by Leadley, seconded by Chiles to table for 1 -month, the request by Patrick Kupka
for a variance to the accessory structure maximum size limit, 15' maximum height limit
requirement, 35% maximum lot coverage requirement, 30% maximum rear yard lot coverage,
and to have vertical metal siding to allow for the construction of a 38' x 48' (1,824 SF)
accessory structure, 974 square feet larger than the maximum allowed, a height of 16.5,1.5'
Page 117 of 128
BOARD OF ADJUSTMENT
June 25, 2019 Minutes
taller than the maximum allowed, to exceed the maximum lot coverage of 3,234 square feet,
200 square feet more than the maximum, and to exceed the 30% rear yard maximum lot
coverage of 1,386 square feet, 438 square feet more than allowed and to have vertical metal
siding in a "R-2" One and Two Family Residence District located at 938 Shultz Street. Motion
carried unanimously.
III. Discussion
There was no further discussion.
IV. Adjournment
It was moved by Goldsberry, seconded by Leadley to adjourn the meeting at 5:09 p.m. Motion
carried unanimously.
Sincerely,
CAI-;stoaAt- Iv, gee-,,,,,
Christopher W. Western
Planner II/Brownfield Coordinator
Page 118 of 128
CITY OF WATERLOO
Council Communication
Historic Preservation minutes of July 16, 2019.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department
131,,nning & oinng
Clerk ,)flice
ATTACHMENTS:
Description
D HP 7/16/1 utes
SUBJECT:
Submitted by:
Reviewer
Schroe ,er, Ark;
Jlighy.1Nan..cy
Action Date
Approved 8/21/2019 10:21 A...M
Approve 8/21/2019 10:44 A
Type
ver 'Memo
Historic Preservation minutes of July 16, 2019.
Submitted By:
Page 119 of 128
WATERLOO HISTORIC PRESERVATION COMMISSION
REGULAR MEETING — July 16, 2019— 4:30 P.M.
First Floor Conference Room, City Hall
Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission
meeting to order at 4:30 p.m.
Commission Members in attendance were: Ottesen, Price, Rohret, Miller, Hedrick, and
Morehouse.
Commission Member(s) absent were: Stevens.
Others Present: Ed Gallagher — Grout Museum, John Dornoff— Planning Staff and Dr. Jane
Lindaman — Waterloo Public Schools.
Approval of Agenda
Motion made by Price, seconded by Hedrick to approve the agenda of the July 16, 2019
regular meeting. Motion carried unanimously.
Approval of Minutes
Motion made by Hedrick, seconded by Morehouse to approve the minutes of the June 18, 2019
meeting. Motions carried unanimously.
Hearinzs
Request by Waterloo Public Schools for a Certificate of Economic Hardship in order to
demolish a house at 5643 Kimball Avenue.
Dornoff read the staff report.
Dr. Lindaman explained the background on how they acquired the house and why they wish to
demolish it. She also explained the process the school has gone through to try to sell the house.
Dornoff noted that Noel Anderson asked Buzz Anderson who has proposed a housing
development around the Orange School if he would be willing to take the building and have it as
a cornerstone of his development.
Commissioners suggested that the school district contact JSA Development for suggestions.
Dr. Lindaman stated that they are not looking to do anything until fall so the commission could
put this off until the school district could reach out to more people.
Motion made by Miller, seconded by Rohret to table the request by Waterloo Public Schools
for a Certificate of Economic Hardship to demolish a house at 5643 Kimball Avenue. Motion
approved unanimously.
-1-
Page 120 of 128
Application for the 2020 CLG Grant
Dornoff noted that the commission had talked about expanding the existing Triangle study or
moving over to the Church Row Neighborhood.
Motion made by Price, seconded by Hedrick to apply for the 2020 CLG Grant with the purpose
of doing the next phase of the Northeast Triangle area. Motion passed unanimously.
Reports
1. Main Street
There was 6 or 7 design reviews this month.
Last Friday (July 12) there was a successful FridayLoo.
Marketing study currentlybeing done.
2. Silos and Smokestacks.
No Report.
3. Grout Museum
The historic home tour will be in August and will feature the home of commission member
Hedrick and the Courtyard by Marriott at Techworks.
4. Building Update
No update.
5. Project Update
The Walnut National Register Nomination went before the State Nomination Review Committee
on June 14th. The committee wanted to see some minor changes then it will be submitted to the
National Park Service. Dornoff talked to the contractor and they stated that they should have the
changes done in the next couple of weeks.
Dornoff also noted that there is a concrete block commercial building at 515 Almond that has
been bought by Habitat for Humanity. They are looking to demolish the building to build a
house. Dornoff talked to the contractor and they felt despite the building being listed as
contributing that demolishing the house would not affect the district and in fact a house would be
more in character for that sight since there used to be house there before it was demolished and
the commercial building put there in the 1950's.
The contractor on the Northeast Triangle survey is currently working on the changes requested
by SHPO and should have the final report shortly.
The contractor on the Civil Rights project is continuing their research.
-2-
Page 121 of 128
6. Highland
Miller and Hedrick said that the home at 204 Alta Vista is not being maintained and the lawn is
getting very high. Dornoff said he would notify code enforcement about it and email Miller
about the ownership. Miller noted that this home has a 3rd level ball room.
Discussion Items/Possible Action Items
1. National Night Out August 6th
The Annual National Night Out will be held on August 6th
2. Library Presentation
Dornoff reported that not only will the commission be holding a presentation on October 8th at
the library featuring Andrew Ball talking about tax credits but will also have another session on
Wednesday, October 30th. Dornoff suggested a session discussing what improvements
homeowners can do to their homes.
3. Design Guidelines
Ottesen handed out information on Masonry from both the Commission's guidelines and from
the Secretary of the Interior standards to compare the differences.
4. Iowa Most Endangered Building List 2020
Dornoff noted that the commission was leaning toward nominated the Courier buildings for
2020, but for commissioners to keep their eyes out on other buildings that should be on the list.
5. City Owned Properties/Demo List
Dornoff said that the Castle Apartments should be coming down soon, but there is not a lot on
the current list of 657A properties that should be of concern.
6. Action Plan
Dornoff noted he has updated the Action Plan and the commission should look at what needs to
be done over the next six months.
Other Discussion:
None
3
Page 122 of 128
Adjournment
Ottesen adjourned the meeting at 5:24 p.m.
Respectfully submitted,
John Dornoff
Planner I
-4-
Page 123 of 128
CITY OF WATERLOO
Council Communication
Complete Streets minutes of June 18 and July 16, 2019.
City Council Meeting: 8/26/2019
Prepared: 8/21/2019
REVIEWERS:
Department
nning & onig
Clerk Office
ATTACHMENTS:
Description
D 6/18/19 .minutes
D 7/.16/19 minutes
Reviewer
Schroeder, Arie
.Nancy
Action
A.1.-praved
A.r.)prove
Type
C" over Memo
ver Mem.o
Date
8/21/2019 10:2.1 A...M
8/21/2019 .AM
SUBJECT: Complete Streets minutes of June 18 and July 16, 2019.
Submitted by: Submitted By:
Page 124 of 128
Notes of The
City of Waterloo Complete Streets Advisory Committee Meeting
June 18, 2019 (meeting did not have a quorum)
Meeting of the City of Waterloo Complete Streets Advisory Committee commenced at 1:30pm June 18, 2019 by
Schoon in the First Floor Conference Room, City Hall, 7:15 Mulberry Street.
Roll Call: Members present were: Pat Morrissey, Brian Schoon, Wayne Castle, Codie Leseman, Jessica Rucker
and Aric Schroeder (no quorum)
Members absent were: Felicia Cass, Will Frost, Dan Trelka, Janet Buls, Mohammad Elahi, Jeff Bales, Kevin
Blanshan, Abraham Funchess, Paul Hutting, Keven Blanshan, Ray Feuss, and Greg Young.
Also present: John Dornoff — Planning and Zoning Staff.
Due to a lack of a quorum approval of the minutes will be moved to the July 16th meeting.
Due to a lack of a quorum, no action was taken. There was discussion only on the following items:
Sidewalk Infill Policy
• Subcommittee is meeting on a regular basis.
• Continuing at Cedar Rapids scoring matrix.
• Schindel applied the Cedar Rapids scoring system to the complete streets project however, they did not
match up.
• Schindel will look at the committee's scoring matrix and see how that compares to the Cedar Rapids
scoring matrix.
• There will be less focus on big projects and look at small infill/gap infill.
• The Cedar Rapids matrix focuses on the type of road, the speed limit, etc which is less of a concern in
Waterloo.
• Committee will look to compress the Cedar Rapids Matrix and have a subcommittee recommendation by
next month, then meet with Knutson.
Upcoming Planning and Zoning Commission
• Schroeder went over the Planning and Zoning Commission agenda.
• Only three items on the agenda including two rezones, one of which is the Edison school which is being
run through again due to a legal description error and changing the zoning along Falls Avenue. Sidewalks
will be required when lots are developed. The other rezone is on Osage Road far from the nearest
sidewalks in an area that is largely agricultural.
• The third items is a vacate on Clark street north of Broadway that was approved by the P&Z commission
over a year ago but never went to council so needs to be run through again.
University Avenue
• Project is proceeding as planned.
• AECOM will present at the July Complete Streets Committee meeting.
• Using stamped colored concrete instead of pavers for less maintenance.
Bike Ordinance
• Bike Ordinance did pass city council after being tabled for 2 weeks.
• Was tabled in order to work with Cedar Falls on creating a ordinance that would work for both cities but
Cedar Falls was not ready to work on it.
• Changes discusses by the Complete Streets Committee were passed.
Page 125 of 128
Complete Streets Advisory Committee
June 18, 2019
Other Items
• Leseman is working with MET to create a final draft of the preliminary new bus routes.
• At the MPO meeting Colony Bike Share presented their ideas for a bike share program for the Waterloo
area. It was noted that the city would be able to set rates but would also be responsible for the bikes.
Discussion
• Next meeting will be on July 16th
Adj ournment
The meeting ended at 2: 25p. m.
Respectfully submitted,
John Dornoff
Planner I
2 Page 126 of 128
Minutes of The
City of Waterloo Complete Streets Advisory Committee Meeting
July 16, 2019
Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:35pm July 16,
2019 by Chairperson Cass in the Mollenhoff Room, City Hall, 7:15 Mulberry Street.
Roll Call: Members present were: Felicia Cass, Jessica Rucker, Janet Buls, Wayne Castle, Paul Huting, Aric
Schroeder and Kevin Blanshan.
Members absent were: Ray Feuss, Will Frost, Pat Morrissey, Brian Schoon, Dan Trelka, Mohammad Elahi, Jeff
Bales, Abraham Funchess, Codie Leseman, and Greg Young.
Also present: David Deeds — JSA Development and John Dornoff — Planning and Zoning Staff.
It was moved by Huting, seconded by Schroeder to approve the minutes of the June 18, 2019 meeting. Motion
carried unanimously.
University Avenue
• AECOM will come next month instead of today.
• Middle section of University Avenue should be done this year.
• Third section east of Ansborough will start next year.
Street Recon.
• Most of the streets in this year recon have sidewalks already.
• City engineer is willing to look at sidewalks when doing overlays.
• A significant cost of standalone sidewalk projects is redoing driveways especially if there is grades have to
be redone.
• Local option cannot be used for sidewalk infill or repair according to the city attorney.
• West 3rd Street
o Moir to Clough currently being done, Clough to Fletcher will happen next.
o Fletcher does not have sidewalks from 3rd Avenue north and is a high priority item to get replaced.
o Sidewalks will only be reconstruction if there is utility work that need be done that will affect the
sidewalks.
• Elston Avenue.
o There are sidewalks gaps on the north side of the street from Columbia Circle to Fletcher however
there is sidewalks on the south side of Elston.
o There are also no sidewalks on Fletcher north of Elston.
o It was noted that if there is trees or other landscaping that needs to be dealt with the score will be
lower.
• Extend dead end sidewalk on the north side of 4th west of Fletcher to the golf course?
• Courtland Avenue has sidewalks on both sides.
• Jefferson and Commercial Streets.
o Part of the enhancement project.
o Deeds asked why the project will not go from Park Avenue to 6th Streets.
• It was noted that if the bridge over the Cedar River along Park Avenue has to be replaced that it would
mean significant changes on both sides of the river.
• Discussion on having a downtown traffic study but worries that it would be too auto oriented and not look
at pedestrian and bicycle needs.
• Should planting trees be part of street reconstruction and make up for those that have been lost and would
it be the city or the committee that comes up with a plan for trees. City needs a Forestry plan possible
starting in downtown and the Crossroads area.
• JSA Development replaced trees and did not ask the city for the trees but others will not take the initiative.
• Kimball Frontage Roads.
o Frontage roads along Kimball south of Ridgeway will be redone.
o Should have been done when Kimball was reconstructed.
Page 127 of 128
Complete Streets Advisory Committee
July 16, 2019
o There are already sidewalks along these sections.
• Mitchell west of Kimball.
o Adding sidewalks in this section would be difficult due to the terrain, the number of trees that have
been planted in the way and utilities.
o Castle will get an estimate done on adding sidewalks in this section.
• St. Francis.
o Gap in St. Francis from King Drive to San Marnan Frontage Road and to the east.
o Big payoff in connectivity if this section was to be done.
o Castle will get cost numbers and analysis.
It was moved by Schroeder, seconded by Huting to recommend spending the allocated CIP money to fill the
sidewalk gap in St. Francis and San Marnan Drive. Motion carried unanimously.
• Flammang Road and San Marnan Access Drive.
o There is a 50 sidewalk gap just north of Jerry's Furniture on Flammang Road.
o There are also gaps along San Marnan Access Drive.
o Castle will score this section.
o Rydell Chevrolet has put blacktop where their sidewalk would be but are not parking vehicles in
the right-of-way so it can be considered a sidewalk with the only obstacle being the main Rydell
Chevrolet sign. Could Rydell pain a sidewalk along their stretch?
o There is a gap in front of the Sherman Williams store and putting a sidewalk in that section could
be difficult with their sign being in the way.
Sidewalk Infill Policy
• Concern about it becoming an Ordinance and not being update like 60 year old bicycle Ordinance.
• Should it be adopted as a policy instead and not go to city council?
• Council should be informed
Planning and Zoning Commission
• Schroeder went over the P&Z agenda including the big item on the agenda the proposed amusement park.
• Would there be pedestrian pathway to the entrance from the Shaulis Road trail and to the campground
along Hess Road?
Discussion
• Next meeting will be on August 20tH
Adjournment
Cass adjourned the meeting at 3:30p.m.
Respectfully submitted,
John Dornoff
Planner I
2 Page 128 of 128