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Council Packet - 10/14/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 14, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate depaitment. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 264 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Martin Petersen, City Attorney Agenda, as proposed or amended. Minutes of October 7, 2019, Regular Session, as proposed. Proclamation declaring October 16, 2019 as Gentleman Day. Proclamation declaring October 14, 2019 as Indigenous People's Day. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving request of Jeremy Schmidt for a waiver for a concrete driveway, located at 155 Oak Ridge Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 3. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as November 14, 2019 and date of public hearing as November 18, 2019, in conjunction with the FY 2019 Young Arena Roof Replacement Project, Contract No. 998, and instruct City Clerk to publish said notice. Submitted By: Travis Nichols, Facilities/Project Manager 4. Resolution setting date of public hearing as October 28, 2019 to approve request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located at and adjacent to 2036 Ashland Avenue, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving preliminary specifications, form of contract, etc., setting date Page 2 of 264 of bid opening as October 31, 2019 and public hearing as November 4, 2019, in conjunction with the construction of the 5 Sullivan Brothers Convention Center Lintel replacement, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, setting a date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution setting date of public hearing as October 28, 2019 to approve the sale and conveyance of city owned property formerly known as 426 Cherry Street, in the amount of $1,040.00, to Jeanette Cockrell, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution authorizing the sale and conveyance of a portion of Littlefield Road and Linbud Lane, located south of Sager Avenue, to the Waterloo Community School District, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS Page 3 of 264 a. Abraham Funchess, Human Rights Director, Rebecca Johnson, HR Specialist, Shelly Burch, Administrative Secretary Class/Meeting: 2019 Freedom Bus Tour Destination: Memphis, Birmingham, Montgomery and Selma Dates: November 11-15, 2019 Amount not to exceed: $1,750 b. Anita Rousselow, Administrative Secretary and Jenna Northey, Intake Project Specialist (Amended) Class/Meeting: Home Basics Destination: St. Paul, MN Dates: October 8-10, 2019 Amount not to exceed: $3,170 c. Nate Alderman, Electrician Class/Meeting: Common Violations & Industrial Code Update Destination: Iowa City, IA Dates: November 21, 2019 Amount not to exceed: $145 d. Lt. McClelland, Sgt. Girsch, Officer Rulapaugh Class/Meeting: Firearms Instructor Re -certification Course Destination: Cedar Rapids, IA Dates: October 28, 2019 Amount not to exceed: $495 e. Ruth Muller, Property Manager and Ryan Doland, Property and Evidence Technician Class/Meeting: Evidence Management Destination: Ames, IA Dates: October 22, 2019 Amount not to exceed: $420 2. LIQUOR LICENSES a. Karma Bar, 309 W. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 10/14/2020 b. HyVee Wine & Spirits #1, 2126 Kimball Avenue Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 11/14/2020 c. Guddi Mart, 306 Byron Avenue Class: E Liquor Renewal Application Includes Sunday Expiration Date: 10/17/2020 Page 4 of 264 d. Casey's 218 Pub, 4010-4018 University Avenue Class: C Liquor/Outdoor Service Renewal Application Includes Sunday Expiration Date: 09/30/2020 3. Cigarette/Tobacco Permit New Application for Dollar General Store #20584, 1650 Idaho Street. 4. Recommendation of appointment of Jeremiah Hanson from the Civil Service List to the position of Solid Waste Technician at the Public Works Sanitation Department, effective October 21, 2019, pending pre-employment physical and drug testing. Submitted By: Randy Bennett, Public Works Division Manager 5. Recommendation of appointment of Gary Fleming from the Civil Service List to the position of Solid Waste Technician at the Public Works Sanitation Department, effective October 16, 2019, pending pre-employment physical and drug testing. Submitted By: Randy Bennett, Public Works Division Manager 6. Recommendation of appointment of Edward Knoebe from the Civil Service List to the position of Garage Mechanic at the Public Works Central Garage Department, effective October 16, 2019, pending pre-employment physical and drug testing. Submitted By: Randy Bennett, Public Works Division Manager 7. Bonds. PUBLIC HEARINGS 2. Rental of four (4) motor graders to support snow removal operations. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding bid to Ziegler CAT of Postville, Iowa, in the amount of $7,200 per grader, per month for a total of $115,200, in conjunction with the rental of four (4) motor graders to support snow removal operations, and authorizing the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Division Manager 3. FY 2020 Levee Tree Removal, Contract No. 990. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer RESOLUTIONS Page 5 of 264 4. Resolution approving a Development Agreement and Minimum Assessment Agreement with Makenda, LLC for the redevelopment of a commercial building located at 205 West 4th Street (Ramada Hotel) for renovations to the hotel with a new taxable value of $9,500,000, 20 years of tax rebates at 85 percent, and 20 years of increased hotel/motel increment, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Commuity Planning and Development Director 5. Resolution approving a request by CGA Engineering on behalf of BCS Properties, LLC, for the preliminary plat of Village West 3rd Addition, a 2 lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution amending the Professional Services Agreement with Nutri-Ject Systems Inc., of Hudson, Iowa, to extend the contract for a term of five (5) years, in conjunction with the biosolids management, storage and land application, with no increase to the current contract rate, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 7. Resolution approving Supplemental Agreement No. 2 to a Professional Services Agreement with AECOM Inc., originally executed September 8, 2015, in the amount of $80,000, in conjunction with assisting the Waste Management Services Department with sanitary sewer related projects, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 8. Resolution approving award of bid to Huff Contracting Inc., of Waterloo, Iowa, in the amount of $279,181 and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Gates Park Golf Maintenance Building Project, Contract No. 1000, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 9. Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., originally executed September 3, 2019, in the amount of $2,250, in conjunction with additional Engineering Services related to the FY 2020 Brock 3rd Addition Lots 2 and 3 Sanitary Sewer Extension, Contract No. 986, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel, Associate Engineer 10. Resolution approving a Memorandum of Understanding with Black Hawk County, Iowa, for the purpose of defining and clarifying the division of responsibility, action and cost in the construction/maintenance of roadway facilities near the outer corporate limits of the City, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Traffic Operations Director ORDINANCES Page 6 of 264 11. An ordinance amending the City of Waterloo Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 RM. except Saturday, Sunday and Holidays, by adding Subsection (la), south side in the 2000 block of Coachman Drive. Motion to receive, file, consider and pass for the second time an ordinance amending the City of Waterloo Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (la), south side in the 2000 block of Coachman Drive. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director 12. An ordinance approving a request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street. Motion to receive, file, consider and pass for the second time an ordinance approving a request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 13. An ordinance increasing the mayor's compensation. Motion to receive, file, consider, and pass for the first time an ordinance fixing the compensation of mayor and council members of the City of Waterloo, Iowa, and rescinding Ordinance No. 4785. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Jerome Amos, Jr., Ward 4 Council member OTHER COUNCIL BUSINESS 14. Motion to approve Change Order No. 2 in the amount of $11,939.31 in conjunction with the Runway 12-30 Pavement Joint Repair and Airfield Pavement Markings Project, and authorizing the Mayor to execute said document. Submitted By: Keith Kaspari, Airport Director 15. Motion to approve Change Order No. 4, in the amount of $3,930.67, in conjunction with the Taxiway Charlie Reconstruction Project, and authorizing the Mayor to execute said document. Submitted By: Keith Kaspari, Airport Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 7 of 264 MEETINGS 3:50 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Planning, Programming & Zoning minutes of September 10, 2019. 2. Complete Streets minutes of August 20, 2019. 3. Board of Adjustment minutes of August 27, 2019. 4. Historic Preservation minutes of August 20, 2019 Page 8 of 264 CITY OF WATERLOO Council Communication Minutes of October 7, 2019, Regular Session, as proposed. City Council Meeting: 10/14/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Hig.;by, Nancy Approved 9/27/2019 4:27 P NT ATTACHMENTS: Description Type Minutes (If October "7., 2019, as nropose(1 Back:nip Material Submitted by: Submitted By: Page 9 of 264 October 7, 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, October 7, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, and Juon. Absent: Schmitt. Prayer or Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer 156851 - Juon/Amos that the Agenda, as proposed, for the Regular Session on Monday, October 7, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 156852 - Juon/Amos that the Minutes, as proposed, for the Regular Session on Monday, September 23, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 156853 - Juon/Amos that the Minutes, as proposed, for the Special Session on Monday, September 23, 2019, at 5:20 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Proclamation declaring October 6-12, 2019 as Fire Prevention Week. Green Advantage Update from MidAmerican Energy. ORAL PRESENTATIONS Lawrence Wheeler, 433 Bratonober, addressed several issues with the council. Floyd Junker, 1209 Mulberry, explained that he wanted to alert the council to a dangerous experience he had. A train was coming to an intersection and he nearly hit the train because the train did not sound its bell. He pointed out several safety issues with the intersection. Forrest Dillavou, 1725 Huntington Road, commented that on the agenda there are trees that are declared safety issues that are being removed. He shared with council the location of several trees and dilapidated buildings that he finds unsafe. David Dryer, 3145 W. 4th Street, commented that on the end of the agenda the council is going into executive session to acquire property. He questioned if the city needs more land and unless there is a destiny for the land, the city should not purchase the property. He commented on the court order tree removals on the Finance Committee and questioned why ash trees are removed and these trees are left alone. Todd Obadal, 124 Amity Drive, questioned the effective termination date of Steve Hoambrecker and questioned if he was being paid between June and September of 2019. Lance Dunn, Human Resources Director, explained the termination date and payments to Steve Hoambrecker. Mr. Morrissey commented that he attended a meeting last week about the plight of the homeless and explained that he hopes that a venue will be created for the homeless to warm up during the winter. The venue is called a warming house and stated that he hopes to see one in Waterloo. 156854 - Juon/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 156855 - Juon/Amos Page 10 of 264 October 7, 2019 Page 2 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 October 7, 2019, in the amount of $2,824,797.79, 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. 2019-742. 2. Resolution setting the date of public hearing as October 21, 2019 to approve the request by DGOGWaterlooia10032018, LLC (Dollar General) of West Plains, Missouri, to vacate a ten (10) foot sidewalk easement (approximately 300 square feet) along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-743. 3. Resolution setting date of bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-744. 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-745. 5. Resolution approving Variance to Noise Ordinance request from Cathy Ketton on behalf of Splash of Color Breast Cancer Support Group on October 12, 2019 from 7:00 a.m. to 10:00 a.m. in conjunction with the 8th Annual Splash of Color 3K Fundraiser Walk event, beginning and ending at Sullivan Park and traveling on E. 4th, Sumner, Mobile, and Newell Streets, including music and the use of a megaphone. Resolution adopted and upon approval by Mayor assigned No. 2019-746. 6. Resolution approving request of Ellen Boardsen for a waiver for a concrete driveway, located at 615 Belle 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. 2019-747. 7. Resolution approving request from Rick Bishop, for Kimball Avenue United Methodist Church, for a waiver for a concrete driveway, located at 1207 Kimball Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2019-748. 8. Request to certify assessment to property for work performed by the Waterloo Water Works at five (5) locations, together with recommendation of approval by the Waterloo Water Works Board of Trustees Resolution adopted and upon approval by Mayor assigned No. 2019-749. 9. Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-750. b. Motion to approve the following: Page 11 of 264 October 7, 2019 1. 2. a. b. c. d. e. a. b. c. d. e. f. g. h. i. J. k. 1. Page 3 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sam Barrett, Operations Supervisor National Seminars Training - How to Supervise People Cedar Rapids, IA November 14, 2019 $184 Martin M. Petersen, City Attorney Iowa Municipal Attorneys Association Seminar Johnston, TA November 22, 2019 $183.25 Sgt. Ludwig Precision Driving Instructor Recertification Course Des Moines, IA September 18, 2019 $150 Chris Ferguson, Fire Marshal and Brock Weliver, Lt. Fire Prevention Officer Fundamentals of Interview and Interrogation Waterloo, IA October 14-16, 2019 $850 Steve Carey Confined Space Rescue Recertification classes Aurora/Brookings, SD September 30 - October 3, 2019 $726 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Brown Derby Ballroom, 618 Sycamore Street C Liquor Renewal 9/30/2020 x Dollar General Store #20584, 1650 Idaho Street B Wine / C Beer New 10/25/2020 x Holiday Inn Express, 2127 LaPorte Road Special Class C Liquor w/Living Quarters Renewal 9/30/2020 x Hy -Vee #1 Club Room, 2834 Ansborough Avenue Special Class C Liquor Renewal 10/16/2020 x Jameson's Public House, 310 E. 4th Street C Liquor w/Outdoor Service/Catering Renewal 11/2/2020 x K-Zar, 1761 Independence Avenue B Wine / E Liquor New 8/31/2020 x La Michuacana, 1221 Franklin Street C Liquor Renewal 3/26/2020 x Mama Nick's Circle Pizzeria, 1934 Washington Street C Liquor Renewal 9/9/2020 x Three Amigo's Family Restaurant, 2820 Falls Avenue C Liquor Renewal 8/24/2020 x Tobacco Outlet Plus #500, 1803 LaPorte Road C Beer Renewal 10/14/2020 x Wal-Mart Supercenter #1496, 1334 Flammang Drive B Wine / C Beer / E Liquor Renewal 9/30/2020 x Z's Restaurant, 3937 W. Airline Highway *Adding Sunday Sales* C Liquor New 7/19/2020 x 3. Recommendation of appointment of Tyler Janssen from the Civil Service List to the position of Maintenance Mechanic at the Waste Management Services Department, effective October 21, 2019 pending pre-employment physical and drug testing. Roll call vote -Ayes: Seven. Motion carried. Page 12 of 264 October 7, 2019 Page 4 PUBLIC HEARINGS Mayor Hart explained that the Public Hearing for Dry Run Creek Interceptor, Contract No. 877 was cancelled and rescheduled for October 28, 2019. 156856 - Morrissey/Feuss that proof of publication of notice of public hearing on the request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street, as published in the Waterloo Courier on September 27, 2019, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 156857 - Morrissey/Feuss that the hearing be closed and oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Six. Motion carried. 156858 - Morrissey/Feuss that "an Ordinance approving a request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 156859 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: One (Klein). Absent: One (Schmitt). Motion failed. 156860 - Amos/Feuss that proof of publication of notice of public hearing on FY 2019 Gates Park Golf Maintenance Building Replacement Project, Contract No. 1000, as published in the Waterloo Courier on September 23, 2019, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 156861 - Amos/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote - Ayes: Six. Motion carried. 156862 - Amos/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-751. 156863 - Amos/Feuss that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-752. 156864 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to Leisure Services Director for review. Page 13 of 264 October 7, 2019 Page 5 FY2019 Gates Park Golf Maintenance Building Project #1000 Waterloo, Iowa 10/3/19 Bid Form ADDE NDU M ADDE NDU M BASE BID BID BON D Alt#1 Alt#2 Alt#3 Alt#4 Alt#5 Alt#6 TOTAL GENERAL CONTRACTOR #1 #2 Yes/N o 7500 Heater Road Rock Demo of existing MTI Distributi ng Alternate Sheathin g Bay 05 $/Ton Includes Base + Alt 1-5 Matt Construction x x $282,500 Ycs $2,300 $2,350 $10,950 $1,900 $0 $25.00 $300,000 Steegex Construction x 8270,213 Yes $2.332 $3,100 $11,638 $4,403 $7,000 $21.00 $298,686 Don Gardner Construction x x $296,567 Yes $2,195 $3,158 $14,370 $3,200 $0 $43.00 $319,490 Cardinal Construction x x $333,300 Ycs $2,300 $3,500 $10,000 $1,300 -$1,000 $20.00 $349,400 Kidder Construction x x $280,575 Yes $3,415 $4,642 $12,892 $5.527 $4,456 $13.20 $311,507 Huff Contracting X X $263,726 Yes $2,133 $3,330 $9,286 $1,100 -$394 $35.00 $279,181 Voice vote -Ayes: Six. Motion carried. 156865 - Feuss/Amos that proof of publication of notice of public hearing on Reallocation of Unspent Proceeds of the Taxable General Obligation Bonds, Series 2017B in an amount not to exceed $65,000 and Taxable General Obligation Bonds, Series 2018B in an amount not to exceed $45,000, as published in the Waterloo Courier on September 27, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned why these bonds were not already allocated to another project and why they were not used to pay down debt. Michelle Weidner, Chief Financial Officer, explained the agenda item. Chip Baltimore, Tax Payer Protection Alliance, P. O. Box 367, Boon, Iowa, explained that his organization monitors municipal broadband activity throughout the state. He expressed concern that the city would be using borrowed money to do a feasibility study for a government owned internet service that would compete with private industry. Rich Kurtenbach, 238 Normandy and Waterloo Telecommunications Board, commented that he is a fed up resident having to deal with Mediacom and Century Link. He stated that anyone who has waited on the phone over an hour to speak to a person at these companies should support this action. 156866 - Feuss/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote - Ayes: Six. Motion carried. 156867 - Feuss/Amos that "Resolution instituting proceedings to take additional action", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-753. Page 14 of 264 October 7, 2019 Page 6 RESOLUTIONS 156868 - Kline/Amos that "Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $3,625,000 General Obligation Refunding Bonds, Taxable Series 2019D", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4`1' Street, questioned what a refunding bond is and commented that the city cannot borrow itself to prosperity. Michelle Weidner explained the agenda item and noted that these actions will save taxpayers $400,000 over several years and will not extend the years of payments. Resolution adopted and upon approval by Mayor assigned No. 2019-754. 156869 - Kline/Amos that "Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $2,770,000 General Obligation Refunding Bonds, Series 2019C", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-755. 156870 - Kline/Amos that "Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $2,770,000 General Obligation Refunding Bonds, Series 2019C, and authorizing the execution of said agreement by the Mayor and City Clerk", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-756. 156871 - Kline/Amos that "Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $3,625,000 General Obligation Refunding Bonds, Taxable Series 2019D, and authorizing the execution of said agreement by the Mayor and City Clerk", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-757. 156872 - Morrissey/Feuss that "Resolution approving submission of a grant application to the Community Foundation of Northeast Iowa, in an amount not to exceed $16,575.49, to replace ash trees in Sulentic, Valley View, Rooff, and Lichty Parks", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-758. 156873 - Morrissey/Feuss that "Resolution approving the FY 2019 Edward Byrne Memorial Justice Assistance Grant, in the amount of $58,997, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorizing -the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-759. Page 15 of 264 October 7, 2019 Page 7 156874 - Morrissey/Feuss that "Resolution approving a Professional Services Agreement with HR Green Company of Cedar Rapids, Iowa, in an amount not to exceed $8,650, in conjunction with conducting an Environmental Investigation at the former Wonder Bread Bakery site, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4`1' Street, questioned why the study is needed. Noel Anderson, Community Planning and Development Director, explained different phases for testing. John Sherbon, 1715 Robin Road, commented that this seems like putting the horse in the back of the cart. The city has already invested money in these projects and testing is always done before you start a project. Resolution adopted and upon approval by Mayor assigned No. 2019-760. 156875 - Amos/Morrissey that "Resolution approving a Development Agreement with Black Hawk Contracting & Development Co., for the construction of two single family homes, located at 1130 and 1132 Hummingbird Circle, with a minimum assessed value of $150,000 each, and approving a development grant of $5,000 per dwelling, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-761. 156876 - Amos/Morrissey that "Resolution approving a Development Agreement with Adnan Dizdaric and Merima Dizdaric, for the construction of a single family home, located at 1330 Jersey Lane, with a minimum value of $200,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-762. 156877 - Amos/Morrissey that "Resolution approving Development Agreement with Lincoln Savings Bank for the rehabilitation of 75,000 square feet of professional office space in the Tech One Building, with an added taxable value of $8.5 million, including City grant of $550,000, twenty (20) years of tax rebates at 70 percent, and $3 million per the Iowa Reinvestment District Grant contract, in Iowa Reinvestment District funds, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Eric Skovgard, Lincoln Savings Bank, explained that the project would bring 125 employees to the Tech Works campus, and plan to add 250-300 employees over the next five years. The company started a new division called LSBX and has grown their customer base to over 2 million throughout the United States. He explained that LSB collaborates with companies like Square, Acorn, Money Lion, and Capital, and have seen substantial customer growth. Mr. Morrissey questioned when the project would start. Eric Skovgard explained that they are out of space and have already begun design work. Resolution adopted and upon approval by Mayor assigned No. 2019-763. 156878 - Feuss/Morrissey that "Resolution approving an Amendment to the Development Agreement with Hartel Properties, LLC, originally signed on August 5, 2019, to provide tax rebates of 90 percent, 75 percent and 60 percent for a three year time period, located north of 3105 Airport Boulevard, and authorizing the Page 16 of 264 October 7, 2019 Page 8 Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-764. 156879 - Feuss/Morrissey that "Resolution approving an Amendment to the Development Agreement with Cedar Valley Real Estate, LLC, of Waterloo, Iowa, originally signed on January 22, 2019 for the renovation of 300 Commercial Street, to change the completion timeline to twenty-four (24) months, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Abstain: One (Jacobs due to business reasons). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-765. 156880 - Feuss/Morrissey that "Resolution approving a Professional Services Agreement with Invision Architecture of Waterloo, Iowa, in an amount not to exceed $80,000, in conjunction with the FY 2020 Center for the Arts Parking Improvements, Contract No. 1004, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4`h Street, questioned why it costs $80,000 to design a parking lot. Jamie Knutson, City Engineer, provided an overview of the item. Mayor Hart questioned what challenges are occurring in the area that require changes. Jamie Knutson explained some of the issues that growth in the area have created and noted that the improvements will alleviate the issues. Resolution adopted and upon approval by Mayor assigned No. 2019-766. 156881 - Amos/Feuss that "Resolution approving a Professional Services Agreement with Pro -West and Associates of Walker, Minnesota, in the amount of $8,874.14, to design, configure and implement an in -office and field solution for the City to manage code violations, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-767. 156882 - Amos/Feuss that Final Quantity Summary for a net decrease of $16,086.20 for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and authorizing the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. 156883 - Amos/Feuss that "Resolution approving completion of project and recommendation of acceptance of work, for work performed by B & B Builders and Supply of Waterloo, Iowa, at a total cost of $190,129.63, for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and receive and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-768. 156884 - Kline/Amos that "Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and instruct City Clerk to publish said notice", be adopted. Roll call vote -Ayes: Six. Motion carried. Page 17 of 264 October 7, 2019 Page 9 Resolution adopted and upon approval by Mayor assigned No. 2019-769. 156885 - Kline/Amos that "Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa, in the amount of $641,372.86, and approving the bonds and certificate of insurance for the FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-770. 156886 - Morrissey/Feuss to recess for 10 minutes at 6:29 p.m. Voice vote -Ayes: Six. Motion carried. 156887 - Morrissey/Feuss to reconvene at 6:42 p.m. Voice vote -Ayes: Six. Motion carried. ORDINANCES 156888 - Morrissey/Amos that "an Ordinance establishing grades for the City of Waterloo FY 2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 156889 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 156890 - Morrissey/Amos that "an Ordinance establishing grades for the City of Waterloo FY 2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5514. 156891 - Amos/Morrissey that "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", be considered and passed for the third time and adopted. Roll call vote -Ayes: Four. Nays: Two (Kline and Jacobs). Motion carried. Mary Robinson, 321 Normandy, expressed support for the ordinance, explained that the ordinance is an opportunity to make things right by allowing people with felonies to have a better chance at getting a job. Linda Miller, 4001 N. 10`h Street, Marion, IA, explained that the state needs to handle this topic and that the state needs to reassess what crimes are considered a felony, such as pot possession. She stated that as a landlord, she believes this ordinance a slippery slope toward forcing landlords to house felons. Todd Obadal, 124 Amity Drive, explained that there are government programs to allow for tax write- offs for employing convicted felons. He stated that he spoke to many business owners who felt that the programs were too difficult to apply for. He stated that the state code prevents cities from passing an ordinance that places additional requirements on employer hiring practices. Page 18 of 264 October 7, 2019 Page 10 Alax Martin, 511 Wildwood Road Apt. 1, shared that the average unemployment rate for Americans is 6%, for felons the rate is much higher. He stated that the city needs to do the right thing for people who are falling through the cracks and could be facing a lifetime of poverty. Eric Donot, 610 E. 4th Street, expressed support for the ordinance. He commented that people with disabilities and returned citizens are two different groups of people but that they are equally written off and have not been given a second chance. Even while serving a sentence, felons are assigned jobs and taught skills for life after prison. Forest Dillavou, 1725 Huntington Road, stated that, as a landlord, he has concern because he has had groups ask him to take the box off his rental application. He stated that in good conscious he cannot put a felon in a unit next to a little kid. Larry Bedard, 1144 Linder Drive, explained that he does not support the ordinance LaTonya Graves, 607 E. Donald Street, explained that banning the box will assist all people in the community and will give them the opportunity to show that they can change. Gary Holt, 1621 Hyperion Drive, expressed support for the ordinance Mrs. Juon commented that over the last few weeks she has been contacted by several citizens about the ordinance and most of them have been respectful. She explained that she has not appreciated those that accused her of lying and breaking promises. She always supported the removing the box from job applications and that it is critical to give people a second chance, but that she had more questions about parts of the ordinance. She made the motion to delay the third reading so that her questions could be answered. She explained that a group met for the past few weeks to develop amendments to the ordinance, including a later effective date, which will be coming up at a work session. Mr. Amos commented that he has been supportive of the ordinance for several years. He thanked Mrs. Juon for taking the time to work on a committee to better understand the ordinance. Mr. Jacobs commented that he believes the ordinance should be an issue at the state level and that bipartisan support at the state level exists to get this accomplished. He handed out copies of state code section 364.3(12)(a) and a copy of his oath of office and stated that he believes his oath prevents him from voting on this ordinance. He asked that the ordinance be removed from the agenda, voted down, or vetoed by the mayor. Mr. Morrissey commented that Iowa Code 364.3(12)(a) prevents cities from adopting an ordinance that exceeds or conflicts with requirements of state or federal laws relating to hiring practices. He stated that the city is not violating a law because there is not a law that prohibits cities from doing what the ordinance proposes. Mrs. Kline questioned who was on the committee working on the amendments to the ordinance and suspects that no businessperson was on the committee. She explained that the ordinance allows applicants to deceive potential employers and that she does not support the ordinance. Mayor Hart commented that Mr. Schmitt sent an email stating that he does not support the ordinance. Ordinance adopted and upon approval by Mayor assigned No. 5515. 156892 - Morrissey/Feuss that "an Ordinance amending the City of Waterloo 2008 Traffic Code by repealing Subsection (74) - University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, increasing Speed Limits in Certain Areas", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Felicia Cass, Complete Streets Advisory Committee Chair and 191 Pershing Road, commented that the advisory group is in favor of keeping the speed limit at 35 mph from Tunis to Fletcher Road. Page 19 of 264 October 7, 2019 Page 11 Forrest Dillavou, 1725 Huntington Road, commented that he travels on Fletcher Road frequently and believes that the ordinance is misleading because it does not specifically state where the speed will change. He supports having the speed limit set at 45 mph from Fletcher Road to downtown. Mr. Morrissey requested clarification on the ordinance. Sandie Greco, Traffic Superintendent, explained that the ordinance is to change the speed limit from Midway to Access B to change the speed limit to 35 mph. She explained that a speed study can be done once construction is complete in order to have an accurate reflection of traffic movement on that road. Mr. Morrissey commented that he would introduce an amendment at a later date that reduces the speed from Access B to Fletcher to 35 mph and sets the speed from Fletcher to Highway 63 at 45 mph. Mr. Amos shared that he was able to calculate the time it takes to travel 3.6 miles at 45 mph and 3.6 miles at 35 mph and the time difference was one minute. Mrs. Kline explained that she did a poll on her Facebook page to see if people preferred 35 mph or 45 mph and the result was 45 mph. 156893 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 156894- Morrissey/Feuss that "an Ordinance amending the City of Waterloo 2008 Traffic Code by repealing Subsection (74) - University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, Increasing Speed Limits in Certain Areas", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5516. 156895 - Amos/Feuss that "an Ordinance amending the City of Waterloo 2008 Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (la), Coachman Drive, south side in the 2000 Block", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Ronald Weaver, 2018 Coachman Drive, commented that he has lived in this area for forty years and only knows of one accident that has occurred on this street. He stated that he has had conversations with bus drivers over the years and they suggested pulling into the driveway of the group home from a different angle and has encouraged them to use his driveway. He stated that he opposes changing the ordinance because there has not been a problem in the neighborhood for 40 years. Sandie Greco provided an overview of the ordinance and explained that the bus drivers are wanting extra room when backing out of Exceptional Persons. 156896 - Amos/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Five (Jacobs, Feuss, Kline, Amos, and Juon). Motion carried. OTHER COUNCIL BUSINESS 156897 - Morrissey/Feuss Page 20 of 264 October 7, 2019 Page 12 that Change Order No. 4, in the amount of $ 19,505.00, to WRH, Inc. of Amana, Iowa, in conjunction with the Waterloo Waste Water Treatment Plant Satellite Wet Well Project, Contract No. 907, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. 156898 - Morrissey/Feuss that Change Orders Nos. 5-7, for a total decrease of $2,363.27, 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: Six. Motion carried. 156899 - Juon/Amos that the council adjourn to Executive Session at 7:53 p.m. Roll call vote -Ayes: Six. Motion carried. City Attorney Martin Petersen stated that discussion on the purchase of real estate is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j). EXECUTIVE SESSION 156900- Juon/Feuss that the council adjourn Executive Session at 8:02 p.m. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 156901 - Juon/Feuss that the Council adjourn at 8:02 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 21 of 264 I ' I OF WA 00, IOWA PRO TION 1 in 3 women will experience violence in their lifetime; and intimate partner violence impacts victims, children, family, friends and the community at large; and domestic violence is not confined to any group or groups of people, but is experienced in all economic, racial, ethnic, educational, societal, and religious groups and is sustained by societal indifference; and perpetrators of domestic violence should be held accountable for their actions and victims should have access to support and services to help them overcome their experience; and it is important to recognize the compassion and dedication of the individuals who provide support to victims of intimate partner violence and work to increase public understanding of this significant problem; and only a coordinated effort from all community members will put a stop to this heinous crime. NOW, Til, • ORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the October 16, 2019, as DAY to support Waypoint Services in ending domestic violence and urge everyone to work together to eliminate domestic violence from our community. INWJEss1,1H I , I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this le day of October 2019. ATTEST: Kelley Felchle City Clerk Quentin Hart Mayor Page 22 of 264 CITY OF WATERLOO Council Communication Proclamation declaring October 14, 2019 as Indigenous People's Day. City Council Meeting: 10/14/2019 Prepared: REVIEWERS: Department Reviewer N4 yor t➢t ice Even, ...,eAnnn Action Date Approved 10/9/2( .AM. ATTACHMENTS: Description Type D t'u'ochuradon Backup Ma Submitted by: Submitted By: Abraham L. Funchess, Jr., Human Rights Director Page 23 of 264 CITY OF WA 00 IOWA WHEREAS, 4 PROC TION America was the home of Native American Indians for thousands of years before it became the United States; US history, as well as inherited Indigenous trauma, cannot be understood without dealing with the genocide that the United States committed against Indigenous peoples. From the colonial period through the founding of the United States and continuing in the twentieth century, this has entailed torture, terror, sexual abuse, massacres, systematic military occupations, removals of Indigenous peoples from their ancestral territories, and removals of Indigenous children to military -like boarding schools; The absence of even the slightest note of regret or tragedy in the annual celebration of the US independence betrays a deep disconnect in the consciousness of US Americans; and, Now it is more fashionable or acceptable to acknowledge that Columbus Day is still a federal holiday despite the fact that Columbus never set foot on the continent claimed by the United States; NO'W, Tfi ORE, I, Mayor Quentin Hart, do herby proclaim this day, October 14, as the day we celebrate INDIGENOUS PE LES DAY We celebrate our Native American Indians who take great pride in their achievements, as well as in their cherished customs, traditions and beliefs. Their great examples of resistance, survival and resilience by the Cherokee, Creek, Chickasaw, Choctaw, Seminole, Sioux and Navajo communities (among others) in the face of brutal forces described and captured by the Trail of Tears leave us emboldened to engage in more dialogue and systematic study to truly appreciate this nation's history and the myriad contributions of all people groups. IN 4 I r , I have hereunto set my hand and caused the official seal of the City terloo to be affixed this fourteenth day of October 2019. ATTEST: Kelley Felcij City Clerk Quentin Hart Mayor Page 24 of 264 CITY OF WATERLOO Council Communication Resolution approving request of Jeremy Schmidt for a waiver for a concrete driveway, located at 155 Oak Ridge Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date inmeen•nn r K .nuts on, anau'e Approved 10/9/201. (:- 42 ./. Cte k_ Office Even, p:.eA. - Apap:p rove ll 10/)/201 ➢ ... 9:p 8 Al ATTACHMENTS: Description Type D 1)W Wallven.......155 Oak Rid Rd. (.17dver Menlo SUBJECT: Resolution approving request of Jeremy Schmidt for a waiver for a concrete driveway, located at 155 Oak Ridge Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: I have reviewed this request and recommend its approval subject to the following provisions. I.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: CEDAR TERRACE THIRD ADDITION LOT 79 Page 25 of 264 WAIVER Date: /(3•-0-7 /Cl Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the 4riveway and sidewalk specifications for the construction of a ( driveway or sidewalk located at c et9jo' r asphalt) } (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (Le., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, C Printed Name df Property Owner Sigfiatur� of Property Owner Page 26 of 264 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as November 14, 2019 and date of public hearing as November 18, 2019, in conjunction with the FY 2019 Young Arena Roof Replacement Project, Contract No. 998, and instruct City Clerk to publish said notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer e d".cure. Sed'brnce,w.i p put ng, Paul Clerk: Office, Even,p.,ehnrn_ SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Approved Date 10/9/20.9 9:28 /..M 10/9/2019 9:35 A.M Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as November 14, 2019 and date of public hearing as November 18, 2019, in conjunction with the FY 2019 Young Arena Roof Replacement Project, Contract No. 998, and instruct City Clerk to publish said notice. Submitted By: Travis Nichols, Facilities/Project Manager Approve the plans, specifications, etc. and taking of bids, and set the date of bid opening as November 14, 2019 and date of hearing as November 14, 2019 This project provides for replacement of the West mechanical single ply roof system. RFP includes alternate for replacement of East mechanical single ply roof system at Young Arena. $102,000 $125,000 G.O. Bond Funds This project supports the City of Waterloo Strategic Plan, strategy 4.5 "Maintain City facilities that support quality of place" Page 27 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 28, 2019 to approve request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located at and adjacent to 2036 Ashland Avenue, and instruct the City Clerk to publish notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department in ; oninng & Zoning Zoning ("Ilene Office ATTACHMENTS: Description D Council P ackfiet • MI4"rositiorn p..,ettc,r D Il..,� t*, np Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, r, Ar.c Schroeder, A.oric Schroeder, Arid lltrent ip.TeAn:n Action 1 ejected Apap,nroved Approved Approved Type Coe" ern o cum Mono Date 110/9/2019 110/9/20 p 9 10/9/20 o 9 10/9/2019 ll 0:140 A I1 11.11:14 n.M. 11.11:14 AN/11 11:21 A Resolution setting date of public hearing as October 28, 2019 to approve request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located at and adjacent to 2036 Ashland Avenue, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a resolution setting date of hearing as October 28, 2019, to approve request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District located at and adjacent to 2036 Ashland Avenue, and instruct the City Clerk to publish notice. At their October 1, 2019 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. None N/A Zoning, Land Use and Economic Development. Page 28 of 264 Background Information: The applicant is requesting to rezone property in order to build homes on each of the adjacent parcels. The proposal would not appear to have a negative impact on the surrounding area as there is several homes in the area and properties across the street on Ashland are also zoned "R-2". The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by Ashland Avenue and Midland Street which are local roads. The nearest recreational trail is the Donald Street Trail which is located approximately 0.19 miles to the south. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Residential zoned "A-1" Agricultural District. South — Residential zoned "A-1" Agricultural District. East — Residential zoned "R-2" One and Two Family Residence District. West — Residential zoned "R-2" One and Two Family Residence District. No buffers would be required for this request. Rezoning the land would not appear to have a negative impact on drainage in the area. The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0186F, dated July 18, 2011. The nearest Elementary School is Lincoln Elementary School which is located 1.03 miles to the southwest, George Washington Carver Middle School which is located 0.92 miles to the southeast, and East High School which is located 2.30 miles to the southeast. The nearest open space is Ray Tiller Park which is located 0.19 miles to the southwest. There is water main that runs in Ashland Avenue from Donald Street to Midland Street then on Midland Street to the west. There is no sanitary or storm sewer in the area. The proposed homes will be served by septic systems. The Future Land Use Map designates this area as Low Density Residential. The applicant is requesting to rezone approximately 8.054 acres of land from "A-1" Agricultural District to "R-2" One and Two Family Residence District in order to build two single family homes on the adjacent parcels. While the east side of Ashland Avenue is zoned "A-1" Agricultural District, the west side is zoned "R-2" and along with homes on the west side of Fairview Avenue which backs to the properties on the east side of Ashland. It would appear that this rezoning request would be in keeping with the character of the neighborhood. During Tech Review Gentz asked if septic's will be approved in this area to which Schroeder said he did not see a problem but noted that it would be nice to be able to get sewers out this area. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Linda Woock to rezone approximately 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of two single family homes at 2036 Ashland Avenue and the adjoining properties be approved for Page 29 of 264 Legal Descriptions: the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area. 3. Homes on the west side of Ashland Avenue and on the west side of Fairview are also zoned "R-2" One and Two Family Residence District, and the request would appear to be in character with the area. Lot 13, and all of Lot 14 except the South 80', Cushman Heights, Waterloo, Black Hawk County, Iowa. Page 30 of 264 REQUEST: APPLICANT: GENERAL DESCRIPTION: October 1, 2019 Request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District located at and adjacent to 2036 Ashland Avenue. Linda Woock, 2036 Ashland Avenue, Waterloo, IA 50703 The applicant is requesting to rezone property in order to build homes on each of the adjacent parcels. IMPACT ON The proposal would not appear to have a negative impact on the NEIGHBORHOOD & surrounding area as there is several homes in the area and SURROUNDING properties across the street on Ashland are also zoned "R-2". LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The site is TRAFFIC served by Ashland Avenue and Midland Street which are local CONDITIONS: roads. RELATIONSHIP TO The nearest recreational trail is the Donald Street Trail which is RECREATIONAL located approximately 0.19 miles to the south. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area is zoned "A-1"Agricultural District and has been zoned as FOR SITE AND such since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: Surrounding land uses and their zoning are as follows: North — Residential zoned "A-1" Agricultural District. South — Residential zoned "A-1" Agricultural District. East — Residential zoned "R-2" One and Two Family Residence District. West — Residential zoned "R-2" One and Two Family Residence District. DEVELOPMENT The area is comprised of residential built between 1899 and 1986. HISTORY: BUFFERS/ No buffers would be required for this request. SCREENING REQUIRED: DRAINAGE: Rezoning the land would not appear to have a negative impact on drainage in the area. FLOODPLAIN: The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0186F, dated July 18, 2011. PUBLIC /OPEN The nearest Elementary School is Lincoln Elementary School SPACES/ SCHOOLS: which is located 1.03 miles to the southwest, George Washington 2036 Ashland and adjoining lots — Al to R2 PgDgL Ef 264 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: October 1, 2019 Carver Middle School which is located 0.92 miles to the southeast, and East High School which is located 2.30 miles to the southeast. The nearest open space is Ray Tiller Park which is located 0.19 miles to the southwest. There is water main that runs in Ashland Avenue from Donald Street to Midland Street then on Midland Street to the west. There is no sanitary or storm sewer in the area. The proposed homes will be served by septic systems. The Future Land Use Map designates this area as Low Density Residential. The applicant is requesting to rezone approximately 8.054 acres of land from "A-1" Agricultural District to "R-2" One and Two Family Residence District in order to build two single family homes on the adjacent parcels. While the east side of Midland Avenue is zoned "A-1" Agricultural District, the west side is zoned "R-2" and along with homes on the west side of Fairview Avenue which backs to the properties on the east side of Midland. It would appear that this rezoning request would be in keeping with the character of the neighborhood. During Tech Review Gentz asked if septic's will be approved in this area to which Schroeder said he did not see a problem but noted that it would be nice to be able to get sewers out this area. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Linda Woock to rezone approximately 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of two single family homes at 2036 Ashland Avenue and the adjoining properties be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2036 Ashland and adjoining lots — Al to R2 2. The request would not appear to have a negative impact upon the surrounding area. 3. Homes on the west side of Ashland Avenue and on the west side of Fairview are also zoned "R-2" One and Two Family Residence District, and the request would appear to be in character with the area. PgDge32fElf 264 City of Waterloo Planning, Programming and Zoning Commission October 1, 2019 R-3 R- m' n PETERS DR M-1 ROCA LN C1; C R-1 EAIRLINE HWY" C-2 Z R-4 A-1 U � LUCAS ST RALSTON RD RA2, C-2 R-3 W.'DONALD ST.::, 1 0 Z w Q I I IEYl o VIRGINIA ST I d AVIS CT MIDLAND ST LuR_1w z Q Lu Q R -P .o cc Lu- z r4 g z R -2,C -Z C -P R-4 RlD/VG TIMR-4 ONE QUARRY Ri cry R-4 EgDONA DST Rz4 E. DALE ST..::: R - 2/CZ R-4 Lu WALKER S7-1 I .z T ciLI" 11 ..I 1� ti 2 m L SBREES ST 2 II Ii I co LI TCHFIt8 D AVE R-2; C -Z R-4 R2 P R-2 E LOUISE ST Q �Q w z o 0 o c/, 2 0 CO III C-1 c_2 QIII z 0 I 111111IQ.1 C-1 ',C=Z III:'III IC -1 ,C -Z R -1,R p1 -1-11l 0 OI W HANOVER ST ,E NOVER ST I 1"1 A 1"1 1"1 O .WARLINGTONS17 � U I I1Ire W.PARKER STS I I i II R-2', C -Z ' .(j 1 is R -2 C -Z E. PARKER RST" 01 K 2036 Ashland Avenue Rezone from "A -i" to "R-2" Linda Woock Page 33 of 264 Responses to ZONING concerns, questions How will be our responsibilities, being in the Agricultural zoned area, be affected if the R-2 zoning is approved? The change in zoning will have no impact on responsibilities. Your property zoned "A-1" Agricultural District already adjoins property to the east and south that is zoned "R-2" One and Two Family Residence District. Waterway / drainage: A natural water drainage basin for rainfall, snow melt, etc. comes from north of Airline Hwy, runs south into a wetland owned partly by a private land owner and partly by Allen/Unity Point Hospital, then continues south into a wetland/pond at our address (2204 Ashland Ave), then from there south into a pond at the East boundary of the property named in the zoning request, then continues south to Donald St and beyond... Each of these ponds/wetlands is important to mitigating the impact of the flow of rainfall and snowmelt. Concern: If one or more new home -owner of the property where the rezoning is requested would decide to fill in or dam up the pond or otherwise impede the waterway, it would have a negative effect on properties located to the north and south, and could also cause problems with Donald Street itself. Would it be possible to have something in writing added to the zoning change (if approved) that would insure this would not be allowed to happen? Either the current property owner, or a future property owner would be responsible to follow all drainage laws and DNR wetland requirements. It is possible for the Planning and Zoning Commission to recommend approval with conditions, and such conditions could address drainage or wetland issues. Is the plan for a total of 3 houses, including the one presently on the site? This will cause additional water run-off from roofs and possible harm from septic tanks/fields to the waterway. The property owner has indicated that they would like to build two additional houses in addition to the existing house. One would be to the north of the existing house, and one would be to the south. We do not anticipate any concerns with water runoff from three homes on 8.054 acres. Septic tanks will have to be in accordance with the requirements of the Black Hawk County Health Department. Why is a zoning change necessary? The property owner is requesting to build two additional houses. No additional houses are allowed to be constructed in the current "A-1" Agricultural District; therefore, the zoning change is necessary to build the additional homes. Would it ever be able to go back to Agricultural? It could be requested to be rezoned back to Agricultural, but if the two additional homes are built, rezoning of the land back to "A-1" Agricultural District would make the homes be a non -conforming use as opposed to a legally permitted use. Would the lots go from Ashland Ave all the way East to the current lot boundary? At this point, the property owner is just requesting the property be rezoned, and they have not yet submitted a plat to show how the parcels would lay out. We would anticipate that the parcels would extend all the way to the current east boundary line. Page 35 of 264 Will this affect property taxes in the area? The action of rezoning the land will not affect property taxes in the area. Construction of new homes could have an affect on assessed values in the area, which assessed values affect property taxes. We would recommend you have a conversation with the Black Hawk County Assessor's Office for more information regarding assessed values and the potential impacts that new dwellings may have on other assessed values in the area. Have there been previous requests by others for similar zoning changes in this area? In the surrounding area, the areas that are currently zoned "R-2" One and Two Family Residence District have been zoned as such since the adoption of the Zoning Ordinance in 1969. There have been no similar rezone requests in the area. Affect to the roads? Would it cause changes to be made to Ashland? Or Midland? There are no known affects to the roads, and we would not expect there to be any changes to Ashland or Midland. Will any of the houses have access onto Midland? There is no portion of public Midland St that extends east of Ashland Avenue. There 15 a private Midland St that extends east of Ashland Avenue across private property just north of the property in question. We would not anticipate that any homes would gain access from private Midland St, unless they have an agreement with the owners of the street. Would it be possible for the agricultural zoning to stay on the Waterway portion of the proposed zoning change area, to protect the unique supporting habitat? It is possible, but the property owner is requesting to rezone the entire property. Rezoning of the area would not appear to have any impact on protecting the area, and the area can equally be protected in the "R-2" One and Two Family Residence District. Much of the "waterway/wetland/pond" area on adjacent properties is already zoned "R-2" One and Two Family Residence District. Arethereexamp|esofsimi|ar"aRhcu|tura|toreddentia|"zonin0chanQeswhichhavebeenmadeinthis area? As noted above, there are not any examples of similar zoning changes in this area, because the surroundin8areasthatarezoned"R'2"OneandTovoFami|yResidenceDistricthavebeenzunedauuuch since adoption of the Zoning Ordinance in 1969, and no one has requested that the areas currently zoned "A-1" Agricultural be rezoned, These questions were provided in a letter dated September 30 2019 signed by Dennis Clark & Mary Page 36 of 264 Rezone — 2036 Ashland and adjacent lots Looking south from Midland Street toward the existing house at 2036 Ashland Avenue. Looking southeast at the lot north of 2036 Ashland Avenue. I�100 0N1 11001110111010110000011111111111 2036 Ashland Avenue. �14� Aillllh'h�` u 0000 Lot south of 2036 Ashland and the adjacent property. Page 37 of 264 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 I. APPLICATION INFORMATION: a. Applicants name (please/print): Lt L7). Address: / it/ Phone ,,,,,71.* / rFax City: l.„2„)^ / State: „....„:4:;4 Zip: b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: 2. PROPERTY INFORMATION: Zip: a. General location of property to be rezoned: e.i. • • 3 V) (•,; wr1) d- ) 0 vici of i <2.) i. ,,,,A e4',4 pCt. t Ce.,,,i .5 {li 0 .4 "k" \ '1/4. CA. kl. d.... S C.)(A.:1""Li,. fo. b. Legal description of property to be rezoned: /,, (•••5-t-- i :71, „„ C..t. Con., i i olakL• L(24) t ' 0 1 ..), C.%' • "..1, 11. ann t,;.,, ,n. 14 e ,' r, 11 t =`; ii,:_.) e- " ; i c,-, . _67) i <',., IL k.,...„ ,,,J • ''," ' -'"' '""'m ' ' ' - ' c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): nd T d. Area of Proposed Zoning Boundary (Excluding Right of Way): , , e. Current zoning: - i a ),' l.l .4{,.-, 1 Requested zoning: r,::,,' f. Reason(s) for rezoning and • oposed use(s) of property: );, e 4 dt V \ 7 g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 inax) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. S'ignature of Applicant • Date Signature of Owner Date Page 38 of 264 30 September 2019 Planning, Programming & Zoning Commission City of Waterloo 715 Mulberry St. Waterloo, IA 50703 We received notification of a request by Linda Woock to rezone approximately 2036 Ashland and two adjacent Tots from "A-1" Agricultural District to "R-2" One and Two Family District to allow for construction of two single family homes. Enclosed is our list of concerns and/or questions about the requested rezoning. We are providing this to you in writing in case we are not able to attend the meeting on Tuesday, October 1St Sincerely, PeAA. )7 Dennis Clark & Mary Eldridge 2204 Ashland Ave Waterloo, IA 50703 Page 39 of 264 ZONING concerns, questions The proposed housing really challenges the existing neighborhood's "acreage living" atmosphere. How will be our responsibilities, being in the Agricultural zoned area, be affected if the R-2 zoning is approved? Waterway / drainage: A natural water drainage basin for rainfall, snow melt, etc. comes from north of Airline Hwy, runs south into a wetland owned partly by a private land owner and partly by Allen/Unity Point Hospital, then continues south into a wetland/pond at our address (2204 Ashland Ave), then from there south into a pond at the East boundary of the property named in the zoning request, then continues south to Donald St and beyond.., Each of these ponds/wetlands is important to mitigating the impact of the flow of rainfall and snowmelt. Concern: If ane or more new home -owner of the property where the rezoning is requested would decide to fill in or dam up the pond or otherwise impede the waterway, it would have a negative effect on properties located to the north and south, and could also cause problems with Donald Street itself. Would it be possible to have something in writing added to the zoning change (if approved) that would insure this would not be allowed to happen? Is the plan for a total of 3 houses, including the one presently on the site? This will cause additional water run-off from roofs and possible harm from septic tanks/fields to the waterway, Why is a zoning change necessary? Would it ever be able to go back to Agricultural? Would the lots go from Ashland Ave all the way East to the current lot boundary? Will this affect property taxes in the area? Have there been previous requests by others for similar zoning changes in this area? Affect to the roads? Would it cause changes to be made to Ashland? Or Midland? Will any of the houses have access onto Midland? Would it be possible for the agricultural zoning to stay on the Waterway portion of the proposed zoning change area, to protect the unique supporting habitat? Are there examples of similar "agricultural to residential" zoning changes which have been made in this area? Dennis Clark Mary Eldridge 2204 Ashland Ave Waterloo, IA 50703 Page 40 of 264 Legal Description Lot 13, and all of Lot 14 except the South 80', Cushman Heights, Waterloo, Black Hawk County, Iowa Page 41 of 264 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, fonn of contract, etc., setting date of bid opening as October 31, 2019 and public hearing as November 4, 2019, in conjunction with the construction of the 5 Sullivan Brothers Convention Center Lintel replacement, and instruct City Clerk to publish notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date Building Der -tnnuennt AI111.1el n Greg .Appo`a;Dved 10/9/201.9 .. 11:30 /.M t.'llerk Office p^;ve , I.e .r App aveci 10/9/201.9 - 11:38 AM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution approving preliminary specifications, form of contract, etc., setting date of bid opening as October 31, 2019 and public hearing as November 4, 2019, in conjunction with the construction of the 5 Sullivan Brothers Convention Center Lintel replacement, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval A more detailed description of the kinds and approximate quantities of materials and types of construction for which bids will be received are set forth in the Bidding documents prepared by ISG, of Mankato, Minnesota, are now on file for public examination in the office of the City Clerk. $60,000 (estimated) Building Maintenance Page 42 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date V° pannnrn'' & Zoning Schroeder, Aric .Approved. 10/9/2(.9 .. 10:35 AM Clerk Office V^;venin V:,eAn:nn. Approved 10/9/2019 ... Vii:,` 0 A M ATTACHMENTS: Description Downtown JLJ•rbann lt.ennn Project AunnenQiunnernn SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: 11 I V' Vann Type Via�ep ru:u:r i1vIater aJ Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Staff is proposing an amendment the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 30, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. Page 43 of 264 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. Whereas on December 23, 1974, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 2723 which was amended by Resolution No. 1996-804, adopted December 16, 1996, amended by resolution 2001-394, adopted on August 6, 2001, amended by Resolution No. 2003-225, adopted on April 7, 2003, amended by Resolution No. 2011-1109, adopted December 5, 2011, amended by Resolution No. 2014-966, adopted November 10, 2014, amended by Resolution No. 2015-632, adopted August 10, 2015, and amended by Resolution No. 2017-772, adopted September 18, 2017, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan"). B. The City desires to amend the Plan again to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Page 44 of 264 Attachment I (resolution adopting this amendment) Attachment K (published notice of public hearing) Attachment L (posted notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2019. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 45 of 264 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross bonding Capacity $ 83,241,358 56.68% of legal limit Page 46 of 264 ATTACHMENT D DOWNTOWN URBAN RENEWAL AND REDEVELOPMENT AREA PROJECT AMENDMENT 2019 Project Proposals Proposed Budgets Cedar River Upper Plaza Mall Acquisition City Property Site Improvements Construction Landscaping & Public Art Architectural Fees Engineering Fees Construction Administration Total $1,501,620 $48,380 $1,800,000 $12,400,000 $200,000 $1,300,000 $700,000 $400,000 $18,350,000 Downtown Pedestrian Riverwalk Loop Project Levee Construction $650,000 River edge/Wall Construction $4,900,000 Bridge Connections $17,000 Total $5,567,000 Wellness and Sports Complex Project Acquisition $2,000,000 City Property $250,000 Site Improvements $3,000,000 Construction $17,500,000 Landscaping & Public Art $150,000 Architectural Fees $2,600,000 Engineering Fees $1,500,000 Construction Administration $1,200,000 Total $28,200,000 Techworks Campus Redevelopment/Hotel Construction, Site Improvements and $77,739,038 Acquisition/Platting $4,000,000 Streetscape Improvements Total $81,739,038 Downtown Parking and Cedar Valley Trolley System Depot District Stop $10,000 Commercial Avenue South Stop $10,000 Agritrade and Expo Stop $10,000 Commercial Avenue North Stop $10,000 Mullan Avenue East Stop $10,000 City Transit Center Stop $10,000 Equipment Purchase Eight Trolley Cars $1,600,000 Total $1,660,000 Public Improvements Wayfinding & Signage $160,000 Commercial Street Reconstruction $782,500 New Street Construction $1,100,000 Streetscaping $1,440,000 Planning $72,798 Skywalks $2,000,000 Total $5,555,298 Construction Phase 1 $3,500,000 Phase 11 $3,500,000 Phase 111 $3,500,000 Phase IV $3,500,000 Phase V $3,500,000 Phase VI $3,500,000 Phase VII $3,500,000 Phase VIII $3,500,000 Phase IX $3,500,000 Site Assembly $4,000,000 Site Improvements $2,000,000 UNICUE Downtown Center $1,300,000 Parking $300,000 Plaza $300,000 Retail $1,200,000 Total $40,600,000 Downtown Gateway District Acquisition $3,000,000 Infill Redevelopment $6,000,000 Total $9,000,000 Page 47 of 264 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) Cedar River Dam Construction Engineering & Construction & Administration Total $3,500,000 $500,000 $4,000,000 Grout Museum Architectural & Engineering $361,718 Construction $5,995,870 Exhibits $2,638,993 Total $8,996,581 ElizabethBlake, LLC (2005 Westfield, American Pattern) Grant $221,350 Rebates $500,000 Total $721,350 Endeavors, Ltd (former Johnstone Supply, 321 W 6th St) Acquisition $470,000 Total $470,000 Bread to Beer, LLC (Singlespeed, former Wonderbread, Acquisition $400,000 325 Commercial) Abatement $3,000 Grant $160,000 Rebates $940,699 Total $1,503,699 Dolly James 2, LLC; Hi Yield, LLC Acquisition $1,040,000 (820-920 Sycamore apartments- six buildings) Demo $330,000 Rebates $809,000 Total $2,179,000 Convention Center - City Bonds $20,000,000 200 W 4th) Total $20,000,000 Ramada Hotel, 205 W 4th Bonds/TIF $5,000,000 Hotel/Motel $1,500,000 ED Grant $450,000 Total $6,950,000 Grand Investments, LLC Acquisition $800,000 (Grand Crossing Phase I - 45 W Jefferson) Demo $400,000 Rebates $1,900,000 Total $3,100,000 Dolly James 2,LLC; Hi Yield, LLC Acquisition $120,000 (Former Flea Market Site, NE corner of 6th & Commercial) Demo $80,000 Rebates $1,100,000 Total $1,300,000 Commercial & Jefferson Streetscape 2019 Design & Construction $1,200,000 Total $1,200,000 Verve Kombucha Fire Sprinkler System $68,765 Rebates $200,000 Total $268,765 Cedar Valley Real Estate (300 Commercial Street) Grant $300,000 Rebates $300,000 Total $600,000 Crystal Distribution Acquisition Property Acquisition $650,000 Total $650,000 Legal Fees, Consulting Fees, Related Expenses Misc. Fees $500,000 Total $500,000 Property Acquisition Property Acquisition $2,000,000 Total $2,000,000 LSBX Grant $350,000 Rebates $2,200,000 Total $2,550,000 Sub Total $247,660,731 Page 48 of 264 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Tax Rebate Projects Fischels Holdings, LLC (1118 Jefferson St) $50,000 Court Square Building CO (620 Lafayette) $10,000 Hotel President Partners LP (500 Sycamore) $200,000 3 Stooges, LLC (1116-1118 Commercial) $41,220 Grand Crossing II (21 W Jefferson) $1,100,000 Park Avenue Lofts, LLC (Masonic Temple, 325 E Park) $125,000 Upper Plaza (335 Cedar Street) $1,400,000 Sub Total Tax Rebates $2,926,220 TOTAL $250,586,951 Page 49 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date 1° patnanm'' & Zoning Schroeder, Ark; Approved 10/9/2019 .... 10: 6 AM t.`IIerk Office p^;venin 1:,eAmi Approved 10/9/2019 >2 A M ATTACHMENTS: Description Martin Road Development 0 2019 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: 0rojeet Amendment Type Banep nuiG:r 1"✓pat ria Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Staff is proposing an amendment the Martin Road Development Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 30, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. Page 50 of 264 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO MARTIN ROAD DEVELOPMENT PLAN RECITALS A. On October 7, 1996, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 4204 and adopted Resolution No. 1999-499, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Martin Road Development Plan of the City of Waterloo Iowa (the "Plan") (Original area). B. On August 9, 2004, the City Council adopted Ordinance No. 4708 and Resolution No. 2004-522, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On October 27, 2014, the City Council adopted Ordinance No. 5249 and on October 20, 2014 adopted Resolution No. 2014-903, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. On April 4, 2016, the City Council adopted Ordinance No. 5343 and on March 21, 2016 adopted Resolution No. 2016-197, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 3 area).(also referred to as March 2016 Additions Area). E. On November 14, 2016, the City Council adopted Ordinance No. 5373 and Resolution No. 2016-904, to amend the Plan by removing area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 4 removal area) (also referred to as November 2016 Removal Area). F. On November 28, 2016 the City Council adopted Ordinance No. 5376 and on November 14, 2016 adopted Resolution No. 2016-905, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other Page 51 of 264 purposes (Amendment No. 5 area) (also referred to as November 2016 Additions Area). G. The City desires to amend the Plan again to reduce the area included therein and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Martin Road Development Plan, as previously amended, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (published notice of public hearing) Attachment L (posted notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2019. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 52 of 264 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross bonding Capacity $ 83,241,358 56.68% of legal limit Page 53 of 264 Attachment D Project Budget - Martin Road 2016 Amendment Infill of Greyhound Drive area EXPENSES Construction $6,300,000 Architectural & Engineering Fees $420,000 Construction Administration $280,000 TOTAL $7,000,000 FUNDING City (Local Option, GO Bonds) $800,000 City TTF $2,800,000 Federal/State (MPO, RISE) $3,400,000 TOTAL $7,000,000 Infill of Lots along Highway 63 and West Ridgeway Avenue EXPENSES Acquisition $1,800,000 Construction $2,000,000 Engineering Fees $240,000 Construction Administration $80,000 TOTAL $4,120,000 FUNDING City (Local Option, G.O. Bonds) $1,000,000 City TTF $1,800,000 Federal/State (MPO, RISE) $1,320,000 TOTAL $4,120,000 Potential environmental work along corridor EXPENSES Assessments $300,000 Cleanup $600,000 TOTAL $900,000 FUNDING City (G.O. Bonds) $100,000 City TTF $100,000 Federal/ State (EPA, DNR) $700,000 TOTAL $900,000 Martin Road Sanitary Sewer Extension EXPENSES !Construction $300,0001 Page 54 of 264 Total $300,000 FUNDING City TIF $300,000 Total $300,000 Cedar Valley Crossing Road/Infrastructure EXPENSES Construction $1,200,000 Total $1,200,000 FUNDING City TTF $1,200,000 Total $1,200,000 A&S Properties (Amy Wienands) Grant EXPENSES Grant $420,000 Total $420,000 FUNDING City TIF $420,000 Total $420,000 Coordination with IDOT for potential roadway improvements to Highway 63 EXPENSES Construction $1,300,000 Engineering $200,000 Construction Administration $100,000 TOTAL $1,600,000 FUNDING City (Local Option, G.O. Bonds) $800,000 State (RISE) $800,000 TOTAL $1,600,000 Reconstruction of West Ridgeway roadway portion across Black Hawk Creek EXPENSES Acquisition $200,000 Construction $6,000,000 Engineering Fees $300,000 Construction Administration $200,000 TOTAL $6,700,000 FUNDING City (Local Option, G.O. Bonds) $3,350,000 State (RISE) $3,350,000 Page 55 of 264 (TOTAL $6,700,0001 Traffic signalization improvements at major intersections in Corridor EXPENSES Acquisition/purchase $900,000 Construction $600,000 Engineering Fees $50,000 Construction Administration $50,000 TOTAL $1,600,000 FUNDING State (RISE) $600,000 City (Local option, G.O. Bonds) $600,000 Federal (MPO) $400,000 TOTAL $1,600,000 Acquisition of land throughout corridor for expansion of existing and new business EXPENSES Acquisition/purchase $1,700,000 TOTAL $1,700,000 FUNDING City (G.O. Bonds, TIF funds) $1,700,000 TOTAL $1,700,000 Public Improvements EXPENSES Acquisition $200,000 Construction 1,000,000 Engineering fees $100,000 Construction Administration $100,000 TOTAL $1,400,000 FUNDING City (TIF, G.O. Bonds) $500,000 Federal/State (grants, RISE, MPO) $900,000 TOTAL $1,400,000 Tax Rebate Projects EXPENSES Wilbert $49,881 Country Estates 44,560 Riley $13,496 Senad Disderevic $70,182 JARF $27,410 Mauer $58,426 Social Security Building $175,354 Page 56 of 264 Turnkey PTL $133,280 Turnkey SVW $106,238 AVITA $118,928 Deer Creek $2,142,969 Hawkeye Stages $229,626 Cardinal Construction $200,000 Three Stooges(Charm Drive) $34,000 BCS Properties $5,000,000 A&S (Amy Wienands) $200,000 Loves Travel Stop $700,000 Goebels $200,000 M&K Electric $25,000 TOTAL $9,529,350 FUNDING City (G.O. Bonds, TIF funds) $9,529,350 TOTAL $9,529,350 Legal, Consulting Fees, and expenses associated with administration of the urban renewal area EXPENSES Fees $800,000 TOTAL $800,000 FUNDING City (G.O. Bonds, TIF funds) $800,000 TOTAL $800,000 TOTAL EXPENSES Infill of Greyhound Drive area $7,000,000 Infill of Lots along Highway 63 and West Ridgeway Avenue $4,120,000 Potential environmental work along corridor $900,000 Coordination with IDOT for potential roadway improvements to Highway 63 $1,600,000 Reconstruction of West Ridgeway roadway portion across Black Hawk Creek $6,700,000 Traffic signalization improvements at major intersections in Corridor $1,600,000 Acquisition of land throughout corridor for expansion of existing and new business $1,700,000 Martin Road Sanitary Extension $300,000 Page 57 of 264 Cedar Valley Crossing Road Infrastructure $1,200,000 A&S Properties Land Grant $420,000 Public Improvements $1,400,000 Tax Rebates $9,529,350 Legal and Consulting fees and other expenses associated with the operation of the district $$00,000 TOTAL $37,269,350 Page 58 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date 1° patnara'' & Zoning Schroeder, Aric .Approved. 10/9/2(1.9 .. p 0: 6 AM Clerk Office i^;venin i:,eAmi Approved 10/9/2019 ... iii.32, A M ATTACHMENTS: Description Northeast inal:ustiraalp Area i T.° earn Renewal,and. Rcdevelopni na: Plaan Props ct .amendment 2019 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type ck u:ID i"✓i ateri n l Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Staff is proposing an amendment the Northeast Industrial Area Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 30, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. Page 59 of 264 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On February 15, 1993, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 3925 and on February 8, 1993 adopted Resolution No. 1993-57, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Northeast Industrial Area Development Plan of the City of Waterloo Iowa (the "Plan") (Original area). B. On April 26, 2004, the City Council adopted Ordinance No. 4688 and Resolution No. 2004-254, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On October 12, 2015, the City Council adopted Ordinance No. 5309 and on October 5, 2015 adopted Resolution No. 2015-801, to amend the Plan by enlarging the area included therein, renaming the Plan as the Northeast Industrial Area Urban Renewal and Redevelopment Plan, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. On December 11, 2017 the City Council adopted Ordinance No. 5429 and on November 27, 2017 adopted Resolution No. 2017-962, to amend the Plan by reducing the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects for other purposes (Amendment No. 3 removal area). E. On December 11, 2017 the Council adopted Ordinance No. 5430 and on November 27, 2017 adopted Resolution No. 2017-963, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 4 area). F. On August 20, 2018, the City Council adopted Ordinance No. 5464, and on August 6, 2018 adopted Resolution No. 2018-584, to amend the Plan by enlarging the Page 60 of 264 area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 5 area) G. The City desires to amend the Plan again to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Northeast Industrial Area Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2019. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 61 of 264 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross bonding Capacity $ 83,241,358 56.68% of legal limit Page 62 of 264 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) Attachment D - Northeast Industrial Park Project Amendment(2019) Project Proposals Proposed Budgets Future or Anticipated Acquisition $2,800,000 Future or Anticipated Demolition $500,000 Site Improvements, platting $2,000,000 Water & Sewer $2,000,000 Legal fees, consulting fees, and related expenses associated with administration and operation of the Urban Renewal Area $800,000 Miscellaneous (certification, environmental) $300,000 Railroad extension $700,000 Twin City Tannery - rebates $61,000 Veteran Enterprises - rebates $70,000 Ferguson Enterprises - rebates $625,000 Eagles Wings (Harris Cleaning) - rebates $40,000 ConTrol - rebates $150,000 Heavy water prospect - infrastructure and rebates $500,000 Control 2019 Expansion Grant & Rebates $1,800,000 Rottinghaus Acquisition $400,000 Newell St Road Improvements $1,200,000 Wetland Mitigation $2,000,000 Total $15,946,000 Page 63 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date 1° pntnnrn'' & Zoning Schroeder, Aric Approved 0/9/2(1.9 ... ll 0: 7 AM Clerk Office p^;venin i:,eArui Approved 1.0/9/2019 - i pp:33 A M ATTACHMENTS: Description ❑ Rath. Urban. Amendment 2,0 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: II t:lanrrn / Type rpect Backup 1"✓i ter nJ Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Staff is proposing an amendment the Rath Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 30, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. Page 64 of 264 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO RATH URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On November 19, 1990, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 3749 and Resolution No. 1990-644, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Rath Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa (the "Plan"). B. On June 14, 2004, the City Council adopted Ordinance 4697 and Resolution No. 2004-372, to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes. C. On July 6, 2009, the City Council adopted Ordinance 4949 and Resolution No. 2009-633, to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes. D. On March 7, 2016, the City Council adopted Resolution No. 2016-146, to amend the Plan to include one or more additional urban renewal projects or for other purposes. E. The City desires to amend the Plan again to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Rath Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. Page 65 of 264 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2019. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 66 of 264 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross bonding Capacity $ 83,241,358 56.68% of legal limit Page 67 of 264 Attachment D - Rath 2019 Project Amendment LAD c -I O N N CA CD Project Proposals O 0 O O 0 Ln c -I O 0 O O 0 O N O 0 O O 0 u1 in O 0 O O 0 u1 i/} O 0 O O 0 l0 i/? O O O O O O ,--I $100,0001 N L(1 N LD r- c1 i/} O 0 O L.ri N in O 0 0 0 lD t/} O 0 0 0 M t/} O 0 0 0 t t/} O 0 r kD M -Ln- O 0 0 W N t/} O 0 tD co' O c-1 i/? $1,300,0001 Acquisition Demolition Site Improvements Remediation Legal fees, consulting fees, and related expenses associated with administration and operation of the Urban Renewal Area Housing Rehabilitation Miscellaneous Crystal II Tax Rebates MAKO - Rath Admin rebates Powers Manufacturing rebates A&K Ventures - Kent Orchard; rebates/land grant 3 Little Lambs - Black Hawk & 17th; land grant TNT - Black hawk & 18th; land grant SJ Construction - Sycamore street; land grant Buckets Inc. / Secor; land grant Crystal 2018 project Rebates rl N M pl O 7,, N Ml i iJ lD -1 c -I c -I rcrl c 1 Page 68 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, setting a date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date 1° pntnnrn'' & Zoning Schroeder, Aric Approved 10/9/2019 ... t.'llerk_ Office p^;vena i:.eA.m Approved 1.0/9/2009 - ATTACHMENTS: Description Type D lE/a st Unified Q L.:ban i�.ern ai a�rnd Rede elopnrrnernt 1P parch ppa:ep<apr 1" P noieet Amen. .,rnt ",(D1 p SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: :p4 A.M. :2,0 AM Resolution setting date of public hearing as November 18, 2019 to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, setting a date of consultation with taxing entities as October 30, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Staff is proposing an amendment the East Waterloo Unified Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 30, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. Page 69 of 264 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO EAST WATERLOO UNIFIED URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. Whereas on December 14, 2015, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 5323 and on December 7, 2015 adopted Resolution No. 2015-931, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa (the "Plan"), which includes the areas formerly designated as urban renewal areas under the Urban Renewal Plans for the Airport Area Development Plan Urban Renewal Area (the "Airport Plan Area"), as amended, and the Logan Avenue Urban Renewal and Redevelopment Plan Urban Renewal Area (the "Logan Plan Area"), as amended. B. The City desires to amend the Plan to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the East Waterloo Unified Urban Renewal and Redevelopment Plan is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (published notice of public hearing) Page 70 of 264 Attachment L (posted notice of public hearing) 3. Except as modified by this amendment, the Plan shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2019. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 71 of 264 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross bonding Capacity $ 83,241,358 56.68% of legal limit Page 72 of 264 1) 2) 3) 4) 5) 6) 7) 12) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) ATTACHMENT D EAST WATERLOO UNIFIED URBAN RENEWAL AND REDEVELOPMENT AREA Project Proposals Proposed Budgets Logan Plaza Center Project- the redevelopment and development of the Logan Plaza Center and the properties along US 63 Site Improvements E 40 Street Construction Storm Water Improvements Ralston Road Construction Sanitary Sewer Improvements Acquisition Rebates Total $750000 $800.000 $250,000 $600.000 $150,000 $9.000.000 $750,000 $6300.000 Chambetain Project - the redevelopment of the Chamberlain Demolition $0 site after cleanup by the Chamberlain Corporation Site Improvements $1,000,000 Public Improvement $400.000 Total $1,400,000 Walnut Neighborhood - redevelopment of the area near the Acquisition $400,000 Walnut Court apartments Demolition $50,000 Streetscape Improvements $50,000 Total $500,000 Longfellow Neighborhood - redevelopment of the Longfellow Acquisition $40,000 school site Demolition $40,000 Streetscape Improvements $50,000 Total $130,000 Franklin Street Corridor- redevelopment of the Franklin Acquisition $800,000 Street corridor Demolition $200,000 Streetscape Improvements $100,000 Total $1,100,000 KWWL- renovation of the KWWL bulldog Acquisition $700,000 Demolition $100,000 Rebates $200.000 Total $1,000.000 Broadway Street Corridor- redevelopment of the Broadway Acquisition $800,000 Street corridor Demolition $200,000 Streetscape Improvements $100,000 Total $1,100,000 Midport Sanitary Seaver- construction of sanitary sewer to allay development of the Midport Business Park $4,000,000 Midport Storm Sewer- construction of storm sewer to allow development of the Midport Business Park $2,000,000 Midport Street Construction- construction of streets to allow development of the Midport Business Park $3,000,000 Legal fees, consulting fees. and related expenses associated with administration and operation of the Urban Renewal Area $1.000.000 W atetoo Air & Rai Park Development/ Buildout $3,100,000 Total $3,100,000 First Co Storm Sewer Easement First Co Easement $110,000 Total $110,000 Aitine Hwy Seaver Relocate (Koelker) $88,000 Total $88,000 Acquisition of Land Acquisition of Land $4,000,000 Total $4,000,000 Professional Lawn Care Land Land Value for Project an Wagner $125,000 Total $125,000 Koelker Airline Hwy Land Land Value for project an Airline $187,500 Total $187,500 Advanced Heat Treat Land Value $50.000 Rebates $26,000 Total $76.000 Truck Wash Land Value $300.000 Total $300.000 Camp Run -a -Mutt Land Value $140.800 Rebates $30,872 Total $171.672 A -Line ALO Airport Hangar Land Value $485.000 Rebates Total $485,000 All in Grocers Land Value $400,000 Rebates $460,000 Grant $374,000 Total $1,234,000 House of Hope Acquisition Land Acquisition $354,000 Total $354,000 Parking Lot Repair (corner of Pine and Walnut) Repair cost $150,000 Rebates Total $150000 Sub Total $34.911.172 Tax Rebate Projects Advanced Heat 11 $17,500 ConAgra 11 $4.500.000 Empire Enterprises $5,200 Huff $6.150 Letorge $170,000 Schwickerath $8.000 Tournier $18,832 Howard Allen $77,780 CPN/ Roskamp $37,500 Cedar Valley Warehouse $101.860 Hydrite Chemical $26,090 Cedar Valley Warehouse II $93,560 5/8R Iowa $64,207 Koelker Properties $79,932 Sub Total Tax Rebates $5,206,611 TOTAL $40,117,783 Page 73 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 28, 2019 to approve the sale and conveyance of city owned property formerly known as 426 Cherry Street, in the amount of $1,040.00, to Jeanette Cockrell, and instruct City Clerk to publish notice. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date P iam. t. g & Zornn g Schroeder, Aroc Approved 10/9/2019 ... 10:34 MO t.'Ilenlc Office, Ever, 1..,eAnn Approved 10/9/2019 ... 10:148 A M ATTACHMENTS: Description D App7pacafion D Applicant Na n:r tiv • 13 a ' 11a�v . �_`.4bnnn`nt / Ass6.ssors 1. D Aerial Photo • 1) eed.p SUBJECT: Submitted by: port Type (lover i\1er.ia Cover 1V1e➢r➢o Cover 1V1errio 1V11eurro Memo Resolution setting date of public hearing as October 28, 2019 to approve the sale and conveyance of city owned property formerly known as 426 Cherry Street, in the amount of $1,040.00, to Jeanette Cockrell, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The dimensions of the parcel in question are 42' x 116', 4,872 square feet, and is considered a lot of record, as it does not meet the minimum required parcel square footage of 6,000 square feet or the minimum lot width of 50', as required by ordinance adopted in 1969. Summary Statement: The assessed value of the lot set by the Black Hawk County Assessors Office is $1,040.00. The applicant has submitted an application to purchase the lot generally described as former 426 Cherry Street for $1,040.00 which meets the Sale of City Owned Policy. Expenditure Required: None Source of Funds: N/A Page 74 of 264 Policy Issue: Background Information: Legal Descriptions: Sale of 657A properties The property in question was previously a dilapidated and abandoned home addressed as 426 Cherry Street that was acquired by the city using Iowa Code 657A in 2012 and demolished by the city in 2017. The applicant owns the home adjacent to the property in question at 428 Cherry Street immediately to the north of the property in question which consists of a 38' x 116', 4,408 square foot lot with a two story home built in 1912. The applicant has stated that she is asking to purchase the property for green space and to provide a better environment for her father who lives at 436 Cherry Street, two lots to the north of the lot in question. The South 42 feet of lot 5 in Drew's Subdivision in Waterloo, Iowa. Page 75 of 264 City of terloo Pla ing Z i i g e rt 715 ulberry Street, Waterloo, 1 (319) 291-4366 1:1 Offer to Vacate and Purchase City Right -of -Way CI quest to Vacate Easement, Vacate Sidewalk, or Encroachme t Agreement Li Sale of City -Owned Property 11 Applicant: j , VI e„ --e., giCv-til Address: 14 (18 Phone No.: ji -(233 -739z) General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: (c2,) ;3/9. 41,-89Z 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): O Right-of-way vacation — One Hundred Severity Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee O Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee O Any request not meeting the Sale of Property Policy -- One Hundred Dollar ($100.00) Fee 2, Offer Pricc*Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): O Deductions O May decrease price by 50% for area located within an easement: O May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): O Costs (surveying & misc., demolition, remove of curbs, etc): Asking price - Deductions — Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: 'f he following easement shall be retained: 5. Oth Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additi al construction as the reason for the request. *Not r plicant Date quired for easement vacates sidewalk vacates or Encroachment Agreements Page 76 of 264 2-/ 1_ Page 77 of 264 10/9/2019 Black Hawk County Detailed Parcel Report ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel 1p Deed Holder 8913-24-460-006 Map Area EWTLO-03 CITY OF WATERLOO Contract Bu er • ropert Address Tax Mail to Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 urrent Recorded Transfer Date Drawn 10252012 Date Filed 103020/2 ecorded Document 2013 008799 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ SALES BUILDING PERMIT .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... None Date Number mount Reason ..................................................................................................................................................................................................................................................................................... 4/12/2017 WA 03919 .................................................................................................................................................................................................................................................................................................................................................................................................................................. ASSESSED VALUES/CREDITS (ear Demo/Rmvl Class 2019 * * * Rollback percentages will be provided by the state in October, and will be applied at that time to determine the taxable values* * * * 100% Value IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Taxable Value ear Land 1,040 Land 1,040 Multi -Residential Land 0 Multi -Residential Land 0 018 0 100% alue 10000000000000000000000000000000000000000000000000000 Taxable alue ear 2017 100% alue 000000000000000000000000000000000000000000000000000000 Taxable alue Tax Distric Corp Land 1,040 Dwelling 0 Dwelling 0 Class Building 0 E otal • cres �1��,04�°�0000000000000000000000°0000000000000000000000000000000000000000000000000 Building otal 0 1,040 E ulti-Residential Land 1 Dwellin 9 0 Buildin 9 0 lhommummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummummon Land 1,040 Multi -Residential Land 0 Class E Dwellin 9 0 111111111111 1,040 =uildm• 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111110ffill1=11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111ffill1=111111111111111111111111111111111111111111111111111111111111111111111111 Land 1,040 Multi -Residential Land 0 Dwell ng Building 0 0 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 111111111 Land 1,040 Multi -Residential Land 0 41131 - WATERLOO RATH AREA TIF AMD1 Dwelling 0 'Total 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 0 otal D 1,040 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Building Total 1,040 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIl l llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Gross Value Taxable Value MilitaryNet Tax Exemption Levy Rate Gross Tax 0.... 3.9 4934.... 7 $0 00 0 00 Nocorp 0 0 0 0 Corp Nocorp $0.00 Ho„m„estea„d„��������������������������������������������������������� „D��s„a„b„l��e„d������Vete„ran„������������������������ „Pro„����������e„„„„„„„„„��������������„Ta„x„����„Re�l„„„„ef„����������������������������������������������������� ��B„u„s„�i„ness�������P�ro�������������e�rt��� ��������Tax�������������������������������������������������������� Property �g Property Credit Credit Credit Credit Credit $0.00 $0.00 $0.00 X0.00 0.00 LEGAL LAND www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324460006 $0.00 Page 78 of 26 2 10/9/2019 Basis Front Foot Totals: Front 42 EntStatus• . Vacant Rear 42 Side 1 116 Black Hawk County Detailed Parcel Report Side 2 lLot 116 0 rrnrnrrm„rr r�rr„r�%r ,„, „„„a flftKZ:r /%/%/%G/r%/i///////(/1/% i/l✓lf/lJ%%II!%%lri% l ar/ZerG/ R((( Date Website Last Updated: 09/27/2019 ID OK [262] 6 19 1S FR 13 [156] 10 12 26 2S B A FR (MAIN) [572] 22 7 18 1S FR OP [126] www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324460006 )Berea lAcres 4872 0.112 72 0.112 Page 79 of 2642 Waterloo City Council Meeting October 28, 2019 p11m11111111m11u :;dNIIYtlpwVj, oI Wiiiiiiiiil1111!I u i,I,111111 "" II pp m'n'M mw nMw, hmw VVl q;1 I�Ihullml��Vll hululli, ',I, u, Polu,u Ip11i yll 1111 11119p1111P Illm III,I,m � I � I I, �91 ill lfllll ���' n o iVF'MV ' 4 �U P II IVu GLENWOODmM'hhIIINVVu'M'ul mmmuuu P GLENWOOD I r ST,,,,,,,,,,, 61 p,,,,,,,,,,„ 1111,,,,,, I,111, T jlll,V,,,,1111111111" GLENWOOD ST„f111,,,1 61;;,,,,,11 „i” LENWO D 1 IA „,w 1. m o �111111111,1111 ,tll 1 m Iu WI lllrl'pl„ u 11 l„wi;l IiiV11tl�hI SM' �WI,M�uN'WII;j 111 I; I m11111111111111111111111111 Applicants Property Jeanette Cockrell 428 Cherry Street 11,11,x, ,1,1,11,11111,141101iiiiimo1'�IVimiullil, Formerly 426 Cherry Street City Owned Property Demolished 2017 000fli010, IIIIIIIIIIIII00IIn6l ������������� f '111 111111111 11y,1„I,1 YYI"v ", ,1,'111 uullgouumpl, 1111111111101111111111111111111.l 11'11:1,1'11'11'11'111111, IIII11'11:1,1'11'11'11'1111111111(,ll!6 u'Hili11''1ld 1,;, 111111111111111111111uu116.11, ,,",',1 J100010 00((0000,0 0 IIIIIIIIIII III„11111il1111111 ri„m 11111111111111 1111.1yr, 1011110000010,10 0Vu0IY II ��N�!'I,IIIR,� �I r�,Ill I,IJ''�II7A1� "wIh„ I',YI �V181 VII'hI Ydl^ 'PII ,,, 11'0,00 0401000'6 „„ 11111111111111111111111' ' �du"Vl MIIl u11p111' 1„ rv!!!! R1 ,, d,m. MY.14wk.11.,. mhd,"I y,' INDEPENDENCE AVE l 111111m11,IP.uumil "lljumilI...„ W 'Iliii,dVd}j„1;111 1111111 11,1,1,1,1,1,1,1„ wI�llu. ml 1,1,,,00 IiV;;,Vw ��I,11VP�1,um, Iro"1'�i 1111,,,,1111 I dpi miP �IIVI 1rm1oi,J„11, J 1111111111111, 1:11111111111111111111111110 j,yV III111'� INDEPENDENCE A ', !YIII1IIII IIIuulmlill11h''1111111V mMVUIuIIVI ,. "�ruMA �1 l.l........lf, mJu11111 01110„0„,„011100°,1110( Ih0I1oVi,Vj11Yi'Irl111I00'1iiNIIll,„nIIViiIN'V 111N,Mwm,••°00"'"'""'""00"”' Ylddpv'iiIRiit0YRIV” ,�II�IIIu1uuNvw;;I0 ill1111III11I11II, i,,,, 1 Sale of City Owned Property Formerly 426 Cherry Street Jeanette Cockrell 428 Cherry Street Page 80 of 264 N ��' E �,°��Iu1111 ��io,;"' „I;IIII��I =��� 50 25 0 50 °�eroo `off Feet Page 1 of 2 ►II II I I I►I►I I►NI 1111111111I►II I►I I III I IIII III III►111111111 1111 Doc ID: 004954520002 Type: OEN Kind: DEED Recorded: 10/30/2012 at 01:40:56 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER ,11.2013 00008799 FILED 2111OCT 25 PM2ttt £LEI<r; OF OISTfiIC+ rc p. SLACK [ION Cetitil is IOWA IOWA DISTRICT COURT IN AND FOR BLACK HAWK COUNTY CITY OF WATERLOO, IOWA, 42-6005327, Petitioner, VS. ALAN R. BRASE, SUSAN F. BRASE, UNITED STATES OF AMERICA -INTERNAL REVENUE SERVICE, MAX KIRK, DISCOVER BANK, STATE OF IOWA. BLACK HAWK COUNTY, IOWA, FRTL B216 LLC and UMB BANK CO., SAMMY DANIELS, Respondents. No. EQCV 118282 ORDER NOW on this 2511' day of October, 2012, this matter comes hefore the Court as scheduled for hearing. Present is Attorney David R. Zellhoefer representing the Petitioner, City of Waterloo, Iowa. No other parties or attorney appear today. The Court notes that proof of service on all parties has been shown. The Petition and Original Notice were posted on the property by the Black 1-lawk County Sheriff's Office on February 10, 2012. Proof of service by certified mail on the remaining Respondents was Tiled with this Court on February 29, 2012. An Affidavit of Publication shoeing that the Petition and Original Notice were published in the Waterloo Courier pursuant to the Iowa Rules of Civil Procedure was filed with this Court on March 29, 2012. s,J File Number: 2013-00QAX41 Paye 2 of 2 -7- TI IE COURT MAKES THE FOLLOWING FINDINGS OF FACT: I. That 426 Cherry Street, Waterloo, Iowa, is legally described as: The South 42 feet of Lot 5 in Drew's Subdivision in Waterloo, Iowa. That this is a residence and not a commercial building. There are presently no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. There are numerous broken windows and the building is partially hoarded up. Some siding has been removed, and there are gang symbols spray painted on the side of the building. The property does not meet the City's housing code for being for human habitation or occupancy. The building is presently partially boarded up, but has been exposed to the elements for a number of years. There is a large presence and accumulation of debris and uncut vegetation on the property. The property taxes have not been paid and the property is not being maintained. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Iowa Code Section 657A. 1 OA. IT 1S, THEREFORE, ORDERED, ADJUDGED ANI) DECREE!), that the property cited above is an abandoned property pursuant to Section 657A.1 OA; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify the Black Hawk County Auditor's Office, Assessor's Office, Recorder's Office and Treasurer's Office, so that these offices may take note of this Order and adjust their records accordingly. Court costs shall he taxed to the Petitioner cc: David R. Zellhoefer Assistant City Attorney City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Fax No. 319-291-4286 Jud the First Judicial District of Iowa 1, the CI?* cf the and for :u �sIowa herrert by certIv B,'ck t lir, a true, Correct -nd cte Instrument d recnord In the Oltie. C:tot Court In and ler G!ack - Hu lava this dcy at _CX: 20 _. ( COUNTY LE CI' T COURT By: `--- odsijnc9 File Number: 2013-00QA CITY OF WATERLOO Council Communication Resolution authorizing the sale and conveyance of a portion of Littlefield Road and Linbud Lane, located south of Sager Avenue, to the Waterloo Community School District, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/14/2019 Prepared: 10/11/2019 REVIEWERS: Department Reviewer i°p:t::nm'nnr & /omnng p^^"ven, ATTACHMENTS: Description D A: tachmtints SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Action Approved Type Cove Date 10/i1/2019 ... I I :56 AM Resolution authorizing the sale and conveyance of a portion of Littlefield Road and Linbud Lane, located south of Sager Avenue, to the Waterloo Community School District, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval The City Council took action on April 15, 2019 to vacate portions of Littlefield Road and Linbud Land just south of Sager Avenue, however, no action was taken at the third reading of the ordinance to sell and convey the property to the Waterloo Community School District. Therefore, it is requested that the City Council authorize the sale and conveyance of the two properties to the Waterloo Community School District and have all necessary documents executed by the Mayor and City Clerk. N/A N/A Disposal of City Property. N/A N/A Parcel "F" Description: That portion of platted Littlefield Road, lying south of platted Janney Avenue (now S ager Avenue) in Alabar Hills Addition, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Page 83 of 264 Legal Descriptions: Beginning at the southwest corner of Block 3, Alabar Hills Addition: thence South 89°16'18" West 60.00 feet along the south line of Alabar Hills Addition to the southeast corner of Block 4, Alabar Hills Addition; thence North 00°49'12" West 100.02 feet along the east line of said Block 4 to a point of tangency; thence northerly and westerly 23.52 feet along the east line of Block 4 on a 15 foot radius curve concave southwesterly, said curve having a delta angle of 89°46'41" with a long chord of 21.18 feet and bearing North 45°40'32" West to a point of tangency on the north line of Block 4, said north line also being the south line of platted Janney Street which is now known as Sager Avenue; thence North 89°16'18" East 89.98 feet along the south line of Sager Avenue to a northwest corner of Block 3, Alabar Hills Addition and a point of tangency; thence southerly and westerly 23.59 feet along the west line of Block 3 on a 15 foot radius curve concave southeasterly, said curve having a delta angle of 89°54'30" with a long chord of 21.23 feet and bearing South 44°13'33" West to a point on tangency on the west line of Block 3; thence South 00°49'12" East 99.98 feet along the west line of Block 3 to the point of beginning, containing 6,997 square feet. The south line of Blocks 3 and 4, Alabar Hills Addition is assumed to bear South 89°16'18" East for the purpose of this description. Parcel "G" Description: That portion of platted Ardmore Street (now Linbud Avenue), lying south of platted Janney Avenue (now Sager Avenue) in Alabar Hills Addition, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the southeast corner of Block 3, Alabar Hills Addition; thence North 00°49'12" West 100.02 feet along the east line of said Block 3 to a point of curvature; thence northerly and westerly 23.54 feet along the east line of said Block 3 on a 15 foot radius curve concave southwesterly, said curve having a delta angle of 89°54'29" with a long chord of 21.20 feet and bearing North 45°46'27" West to a point of tangency on the north line of Block 3, said north line also being the south line of platted Janney Avenue, which is now known as S ager Avenue; thence North 89°16'18" East 44.98 feet along the south line of Sager Avenue to the east line ofAlabar Hills Addition, said east line also being the east line of the Northwest 1/4 of Section 28, Township 89 North, Range 13 West of the Principal Meridian; thence South 00°49'12" East 115.00' along the east line of Alabar Hills Addition to a southeast comer of said Addition; thence South 89°16'18" West 30.00 feet along a south line ofAlabar Hills Addition to the point of beginning, containing 3,498 square feet and reserving a public utility easement over, under, upon, and across said Parcel G. The south line of Blocks 3 and 4, Alabar Hills Addition is assumed to bear South 89°16'18" East for the purpose of this description. Page 84 of 264 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: March 5, 2019 Request by the Waterloo Community School District (WCSD) to vacate all of Littlefield Road and Linbud Lane lying south of Sager Avenue, just north of Fred Becker Elementary School. Waterloo Community School District, 1516 Washington Street, Waterloo, IA 50702. The WCSD is requesting to vacate the two portions of right-of-way to incorporate it with the elementary school site, which is located at 1239 Sheldon Street. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The nearest recreational trail is located approximately a 1/2 mile to the west along the west side of Katoski Drive. The area where the two right-of-ways are located are zoned "R-2" One and Two Family Residence District, and have been zoned as such since the adoption of the Zoning Ordinance in February of 1969. The surrounding area is comprised of predominately single-family housing, with the majority of the housing being constructed in the late 1950s to 1960s. Fred Becker Elementary School was constructed just to the south in 2010. No buffers or additional screening are needed with this request. Vacating the right-of-ways of would not appear to have a negative impact on drainage in the area, as there are no storm sewers located within the areas to be vacated. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. There are no parks located within the immediate vicinity of the area, however, there is open space located to the southeast of the elementary school. Vacate Littlefield Rd and Linbud Ln S of Sager Ave PgDDe$5f Elf 264 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 5, 2019 There is a 10" sanitary sewer within the right-of-way of Linbud Lane and a utility easement will need to be retained over the entire area that is vacated. There are no known utilities within the right-of-way of Littlefield Road. There is a 12" sanitary sewer and 6" water main located within Sager Avenue to the north. The Future Land Use Map designates this area as Low Density Residential, and the proposed vacates would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The WCSD is requesting to vacate the right-of-way Littlefield Road and Linbud Lane lying just south of Sager Avenue. This was initially requested in September of 2010, however, it was only Littlefield Road that was proposed to be vacated at that time. The request was approved by the Planning and Zoning Commission, but it did not proceed to the City Council. Staff requested that the applicant provide a survey to create a legal description of that part of Littlefield Road due to the there being curved right-of-way lines. No survey was ever provided and the request did not proceed to the City Council. The Zoning Ordinance requires that any matter requiring review and recommendation of the Commission shall only be valid for a period of one year if such matter has not been acted on by the City Council or Board of Adjustment. The city's land surveyor did a survey of that part of Littlefield Road and Linbud Lane and legal descriptions have been created for both areas. Linbud Lane is now being included with this request due to the WCSD owning all of the land directly to the south. At the time when the request first came before the Commission, the WCSD was in the process of constructing Fred Becker Elementary School. There is no platting required for this request. Therefore, staff recommends that the request to vacate Littlefield Road and Linbud Lane right-of-ways lying just south of Sager Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. Subject to the following condition(s): 1. That a utility easement is retained over, under and upon the entire area of Linbud Avenue lying south of Sager Avenue. Vacate Littlefield Rd and Linbud Ln S of Sager Ave pgDge 80Ef 264 City of Waterloo Planning, Programming and Zoning Commission March 5, 2019 R-1 MAYNARD rDAVE cC J_ 0 R -2,C -Z R-4 uJ W F- O w o Q = o 7 UPTON AVE COACH N AVt MAYNARD AVE YNARD AVE R-2 z z 0 SHADY LN I UPTONI AVE BAUCH ST o M-1 STRATFORD AVE EVERGREEN AVE ARK R-3 I TUNIS CR' FALLS AVE SER E LL d R-4" 0 0 O O u R-3 )N RD A-1 ALA 00 LL U HARTMAN W cc0 Z 0 MIRAD DR * '8 DR" R-3 3 6o W z LcLtJW (c2 W cr 0 p 0 S. R-2 GARDEN AVE HUNTINGTON RD 0 z w DOWNING AVE GARDEN AVE C2 C -2,C -Z R-3 C -1,C -Z C-1 R-3 cc C-2 ATH ON R -3,C -Z R-1 R-4 w 0, 5 ORIOLE AVE ANSBOROUGH AVE R-4 o W. 3RD K 0 HOME PARK BLVD North of 1239 Sheldon Street ROW Vacate Waterloo Public Schools Page 87 of 264 City of Waterloo Planning, Programming and Zoning Commission March 5, 2019 IMI'm'A'Muu11,I6Y�ViM1V4h1�y1�1�1�1 1m11'101116! 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Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Parcels "F" & "G" of the NW 1/4, Sec. 28, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Parcel "F" Description: That portion of platted Littlefield Road, lying south of platted Janney Avenue (now Sager Avenue) in Alabar Hills Addition, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the southwest corner of Block 3, Alabar Hills Addition: thence South 89°16'18" West 60.00 feet along the south line of Alabar Hills Addition to the southeast corner of Block 4, Alabar Hills Addition; thence North 00°49'12" West 100.02 feet along the east line of said Block 4 to a point of tangency; thence northerly and westerly 23.52 feet along the east line of Block 4 on a 15 foot radius curve concave southwesterly, said curve having a delta angle of 89°46'41" with a long chord of 21.18 feet and bearing North 45°40'32" West to a point of tangency on the north line of Block 4, said north line also being the south line of platted Janney Street which is now known as Sager Avenue; thence North 89°16'18" East 89.98 feet along the south line of Sager Avenue to a northwest corner of Block 3, Alabar Hills Addition and a point of tangency; thence southerly and westerly 23.59 feet along the west line of Block 3 on a 15 foot radius curve concave southeasterly, said curve having a delta angle of 89°54'30" with a long chord of 21.23 feet and bearing South 44°13'33" West to a point on tangency on the west line of Block 3; thence South 00°49'12" East 99.98 feet along the west line of Block 3 to the point of beginning, containing 6,997 square feet. The south line of Blocks 3 and 4, Alabar Hills Addition is assumed to bear South 89°16'18" East for the purpose of this description. Parcel "G" Description: That portion of platted Ardmore Street (now Linbud Avenue), lying south of platted Janney Avenue (now Sager Avenue) in Alabar Hilts Addition, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the southeast corner of Block 3, Alabar Hills Addition; thence North 00°49'12" West 100.02 feet along the east line of said Block 3 to a point of curvature; thence northerly and westerly 23.54 feet along the east line of said Block 3 on a 15 foot radius curve concave southwesterly, said curve having a delta angle of 89°54'29" with a long chord of 21.20 feet and bearing North 45°46'27" West to a point of tangency on the north line of Block 3, said north line also being the south line of platted Janney Avenue, which is now known as Sager Avenue; thence North 89°16'18" East 44.98 feet along the south line of Sager Avenue to the east line of Alabar Hills Addition, said east line also being the east line of the Northwest 1/4 of Section 28, Township 89 North, Range 13 West of the Principal Meridian; thence South 00°49'12" East 115.00' along the east line of Alabar Hills Addition to a southeast corner of said Addition; thence South 59°16'18" West 30.00 feet along a south line of Alabar Hills Addition to the point of beginning, containing 3,498 square feet and reserving a public utility easement over, under, upon, and across said Parcel G. The south line of Blocks 3 and 4, Alabar Hills Addition is assumed to bear South 89°16'18" East for the purpose of this description. Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel letters "F" & "G" assigned by the Black Hawk County Auditor's Office on December 12, 2018. City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: 12-10-2018 Date Drawn: 12-12-2018 Sheet No. 1 of 2 Page 89 -of 264 1 hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2019. Pages or sheets covered by this seal : City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: 12-10-2018 Date Drawn: 12-12-2018 Sheet No. 1 of 2 Page 89 -of 264 Plat of Survey Parcels "F" & "G" of the NW 1/4, Sec. 28, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Curve Table: C1 Radius: 15 (15.00') Length: (23.54') Delta: 90° (89°5429") Long Chord (LC): (21.20) LC Bearing: (N 45°46'27" VV) C2 Radius: 15' (15.00) Length: (23.59') Delta: 90° (89°54'30") Long Chord (LC): (21.23') LC Bearing: (S 44°13'33"W) C3 Radius: 15' (15.00') Length: (23.52') Delta: 90° (89°46'41") Long Chord (LC): (21.18') LC Bearing: (14 45°40'32" 95) C4 Radius: 460.03' (480.03') Length: (225.40') Delta: 27°52' (27°12'52") Long Chord (LC): (227.23') LC Bearing: (N 76°58'27" W) C5 Radius: 15' (15.00') Length: (26.09') Delta: (97°4227") Long Chord (LC): (22.59') LC Bearing: (S 65°55'20" w) C6 Radius: 270.06' (270.06') Length: (64.25') Delta: (17°52'30") Long Chord (LC): (83.91) LC Bearing: (S 08°07'51" VV) C7 Radius: 330.06' (330.06') Length: 116.05' (118.17') Delta: (20°30'49') Long Chord (LC): (117.54') LC Bearing: (N 09°27'00" 5) C8 Radius: 15' (15.00') Length: (21.62') Delta: (82°34'51') Long Chord (LC): (19.80) LC Bearing: (N 21°35'01" W) 8 - to s cz -� (5 d W 99 o ,: ,•°i F CO 3 m c K w o o - 0 o m au s 6 Cl) c,e 60' 0 z0 b 90' .Block 4, Alabar 1-1111s Addition 3 2 60' 60' 270' (269.87') (S 69°16'18"V5 • J 90' (89.98') (N 89°16'18" E) e, 55' 54.94') C3 • 1 0 ip ( = W (N o - 0.1r om t4) rna 4 =-7 41 0 0 ++ o 0 4 O= o 4 Z CO 69 0 0 o Fe 60' (60.00') (S 59°16'18" W) Sager Avenue 45' (44.98') 60'ROW (N 89°16'18" E) 185' (N 89°16'18" E 160.94) • 65' 65' 55' Block 3, Alabar Hills Addition 2 55' 55' C93C6 3 z N 0 z W r POB Parcel F Remamrder of Lot 28, Li ltiefie!d Addition, NW 1/4, Sec. 28, T89N, R13W Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in U5 Survey feet and decimals thereof. 3. Parcel Letters "F" & "G"assigned by the Black Hawk County Auditor's Office on December 12, 2018. 4. Surveyed area of Parcel "F": 6,997 SF 5. Surveyed area of Parcel "G": 3,498 SF 270' (269.88') (0 89°16'18''W) Plat Legend: POB Parcel G • Found Monument o Set 5/8" x 24" Rebar w/Blue Cap "lows - 19715" Cut "X" in concrete, found or set 123.45' Record Measurement (123.45') Field Measurement 30' (30.00') (S 89°16'18" VV) (S 00°49'12" E 532,05') 8 oo S 115' (8 00°49'12" E 115. 0 50 100 Scale: 1 inch = 100 feet City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 100' Field Work Date: 12-10-2018 Date Drawn:12-11-2018 Sheet No. 2 of 2 Pace 90V 264s 24 135' 5 155' 9 8 23 6 8 22 7 8 • • 21 2 • 9 20 9 9 19 10 8 18 11 9 9 Block 2 17 Hills Addition 13.7 Alabar 135 12 9 • 16 55' 15 65' 14 55' 13 55' Cii .2 90' (89.98') (N 89°16'18" E) e, 55' 54.94') C3 • 1 0 ip ( = W (N o - 0.1r om t4) rna 4 =-7 41 0 0 ++ o 0 4 O= o 4 Z CO 69 0 0 o Fe 60' (60.00') (S 59°16'18" W) Sager Avenue 45' (44.98') 60'ROW (N 89°16'18" E) 185' (N 89°16'18" E 160.94) • 65' 65' 55' Block 3, Alabar Hills Addition 2 55' 55' C93C6 3 z N 0 z W r POB Parcel F Remamrder of Lot 28, Li ltiefie!d Addition, NW 1/4, Sec. 28, T89N, R13W Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in U5 Survey feet and decimals thereof. 3. Parcel Letters "F" & "G"assigned by the Black Hawk County Auditor's Office on December 12, 2018. 4. Surveyed area of Parcel "F": 6,997 SF 5. Surveyed area of Parcel "G": 3,498 SF 270' (269.88') (0 89°16'18''W) Plat Legend: POB Parcel G • Found Monument o Set 5/8" x 24" Rebar w/Blue Cap "lows - 19715" Cut "X" in concrete, found or set 123.45' Record Measurement (123.45') Field Measurement 30' (30.00') (S 89°16'18" VV) (S 00°49'12" E 532,05') 8 oo S 115' (8 00°49'12" E 115. 0 50 100 Scale: 1 inch = 100 feet City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 100' Field Work Date: 12-10-2018 Date Drawn:12-11-2018 Sheet No. 2 of 2 Pace 90V 264s % m «. defy <: m « mn 1611116.. 1111 1,111,111111 6111 « 1111,1111111161V h 11111,,,,,V4 1,1,16,'6066hh h 6666611 Ww City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: Waterloo CSD Address: 1516 Washington St PhoneNo.: 433-1800 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Littlefield Road and Linbud Lane right-of-way north of 1239 Sheldon Street and south of Sager Avenue. Legal description of area to be conveyed, vacated, or encroached: See attached survey. 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: Retain easement over entire portion of Linbud Ln. ROW 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for de request. J /� Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 92 of 264 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Dollar General Store #20584, 1650 Idaho Street. City Council Meeting: 10/14/2019 Prepared: REVIEWERS: Department Reviewer Action Date )tr'i ce Even, LeAnnn Approved 10/9/2019 2:57 PM SUBJECT: Cigarette/Tobacco Permit New Application for Dollar General Store #20584, 1650 Idaho Street. Page 93 of 264 CITY OF WATERLOO Council Communication Recommendation of appointment of Jeremiah Hanson from the Civil Service List to the position of Solid Waste Technician at the Public Works Sanitation Department, effective October 21, 2019, pending pre- employment physical and drug testing. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department 1°rrip�i'ae; Wbrks.> Da parte Reviewer -rrnt p^^veer, l:,eAnrrn ATTACHMENTS: Description D V'ersonnrrrre pt.a:,n • 1)ersun:une p R.equuus • job description • Civil Service IList SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: ns Action Approved roved Type Coven I\4eirrr.i (.17 over M Cover Wie➢n'io Backup Material. Date iO/9/20I9... I:4I?3 P1\4 Recommendation of appointment of Jeremiah Hanson from the Civil Service List to the position of Solid Waste Technician at the Public Works Sanitation Department, effective October 21, 2019, pending pre-employment physical and drug testing. Submitted By: Randy Bennett, Public Works Division Manager Approve Recommendation of Appointment. This appointment will fill a vacant position. The Sanitation Department will be fully staffed with this appointment. $56,513.60 - Salary $83,616.00 with Benefits Sanitation Fund - 525-15-5400-1111 Sytategy 3.4 - Identify and improve proven cost and resource saving measures. Page 94 of 264 4-/ PERSONNEL REQUISITION FORM RECEIVED AUG 2 H20110 Check as applicable:. 0 To start i iiiiting or civil service process and/or. To fill a vacancy LI Active Civil Savice List Expires: A proposed job description .410 questionnaire must accompany this form at time‘ of subinission to Ruffian Resotirees,. PositiOn Title Solid WaSte.Teehnician Department: Sanitation Reports To: Sanitation Operations SuperVisor Work Location: Public Works Employment 'Status: RegOlar Full Time flToniporary Full Time from to fl Regular Part Time 0 Tettiporary Part time from. to .111Regular 7 -Month 111 ItitemiCo-op Student from to Type of.Position: - RecOmniended•Recruitinent Sources: CivilService Position: EI'Yes El No El Internal Posting Only Bargaining Position: El Yes 0 No E Internal Posting and External Advertising Bargaining Group: 177. Non -ba gaming Position : D Yes No *****to***444****:005***+*4***k********1,******44********•th************************:**********4t***** Complete the following ft' the :yequiSitien is to fill a vacancy.: New Position or .Replacement Position -for: Tom Neuman (Solid Waste Operator) (Specify UaMe-.44.00 f:ormerineumbent) Pale .4'1014000 terMirifited employment: Q8-21-19 Date offinal payout: 09-13-19 Anticipated start detef, ASAP No. of hours/week. 40 Work schedule! 0600-1400 - Tues -Fri Justification of need for position: This position is to replace a voluntary resignation Sanitation Route Driver. Whattne the likely consequences if, tile position is not MeV Critical position in the 00 ivetY of services to citizens. APPROVALS Annual Salary it 4iiircofoiits: $56,513.60 HourlyRate: 27.17 13etiorits: $83,616 (Payroll taxes, Pension, health Ms.- assuming family) Is position budgeted for this and future FYs? El Yes n No. If no, howwill position be funded? Approyed subject to the following. conditions 4VieSubmitiligtritiartine Head 7114eAd1/1—' 41-4"46/41d Chia Fthaneiii. I cer tititnarik .oUreeS Ci-eateri 8/W2014 Date 1.1-70 Date Date IN:44ot • kitiama Resources Director IC -VDT /,d4. Date Page 95 of 264 PERSONNEL REQUISITION Solid Waste Technician The following questions are provided as guidelines to assist you in developing your rational for the position of Solid Waste Technician in the Sanitation Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Delivery of garbage carts, maintains yard waste site, provides fill-in duties for sanitation route operators during absence, pickup of recycle and yard waste routes. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? Yes, however, there are a limited number of employees within the department to provide the services which are user fee based. (3) How is the work of this position being accomplished now? Being completed by others within that job classification, requiring overtime as necessary. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Provides manpower to provide the citizen services which are expected. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Would probably not increase revenues, however, would significantly reduce the potential for dis-satisfied customers. (7) (8) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Overtime / comp time requirements are seasonal. Yard waste pickup and site maintenance require significantly more man-hours. Customer service is a key ingredient. 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. It is my understanding that staffing levels over the past three fiscal years have remained consistent. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Lack of this position will increase overtime for other departmental employees. Page 96 of 264 (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Employee time off is managed to insure daily work assignments are covered. (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? I don't believe there would be savings, however, to the best of my knowledge, this alternative has not been investigated and would require outsourcing the entire department as opposed to one position. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is funded totally with user fees, not property taxes. Citizens who pay for these services, expect these services (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position supports the goal of providing excellent citizen services. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 97 of 264 Resumes can only be submitted by going to the City of Waterloo website www.cityofwaterlooiowa.com, clicking on the Solid Waste Technician position, reading through the description and following the directions to submit your resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline is noon on Friday, xxx xx, 2019. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION SOLID WASTE TECHNICIAN DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT SANITATION $26.17/hour effective 7/1/19 with $1.00 increase after 6 -month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL 177 GENERAL STATEMENT OF DUTIES Under the general direction of the Public Works Manager and Sanitation Operations Supervisor performs collection of solid waste, trash, refuse, yard waste and recycling during all weather conditions. Other duties that may be required include customer satisfaction, code enforcement cleanups, maintenance and flood relief. Will also be required, as necessary, to support emergency City-wide operations. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Operates a variety of heavy equipment including but not limited to dump truck, automated garbage truck, rear packer garbage truck, backhoe, multi -compartment recycling truck, end loader, compost turner, screener and yard waste grinder. 2. Performs daily work as directed by Operations Supervisor in support of department objectives. Work may include but not be limited to curbside collection, delivery of customer carts, repairs to customer carts, missed garbage, missed yard waste, missed recycling, code enforcement clean-ups, bulk item clean-ups and yard waste site maintenance. 3. Follows established routes and maintains collection schedules and route logs. Prepares and leaves notices or tags on refuse not complying with established ordinance/rules. 4. Insures vehicles and equipment are properly equipped, operating correctly, present a neat and clean appearance and are completely fueled at the end of the work day in preparation for the next day's work assignment. Writes -up any equipment faults using established work order program and turns in to supervisor for scheduled maintenance. 5. Supports special events including but not limited to neighborhood clean-ups, City-wide clean-ups and hazardous materials collection and disposal events. 6. Responds to citizen complaints, questions and requests for service. 7. May assist in answering telephone customer service calls, filling out reports and servicing calls or inquiries. 8. Work is performed in busy traffic areas, in vehicle and on foot, in all weather conditions. Operates equipment that causes vibration, noise level is loud, atmosphere Page 98 of 264 may contain dust and traffic fumes, work environment is dirty with low visibility during bad weather. Works in inclement weather conditions for extended periods of time. 9. Works independently and with others with minimum supervision. 10. Performs work of a repetitive nature and varied workload. 11. Attends work regularly at the designated place and time. 12. Performs all duties and activities in accordance with City policies and procedures. Must comply with OSHA, EPA and Public Works safety rules and regulations. 13. Supports department goals and objectives by making recommendations to management for delivery of service improvements. 14. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic laws and safety rules. 2. Ability to learn City street layout. 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to keep work logs and prepare notices. 5. Ability to safely operate department equipment. 6. Ability to respond to questions and comments from the public tactfully and politely. 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 8. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic or unfavorable weather conditions. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year experience in the skilled operation of a large truck or other large vehicle or equipment OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Iowa Class A or B Commercial Driver's License by equipment testing date and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: (a) loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; (b) loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; (c) four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; (d) three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: (a) four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; (b) two or more at -fault accidents within a three-year period while driving on City business; (c) a combination of three or more at -fault or not - at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at Page 99 of 264 least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina to work at a steady pace for up to ten hours or longer during unfavorable weather conditions or during special projects. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio, to understand and give verbal instructions, respond to questions from the public and to hear and respond to approaching traffic. 4. Sufficient color vision, depth perception, distance and peripheral vision, and hand/eye coordination to safely operate vehicles and equipment in all weather conditions, work in high traffic areas and climb on and off vehicles and equipment; dexterity and grip strength to run controls on compactor and inside automated trucks. 5. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hard-hat, reflective vest, hearing protection, gloves and over -garments as required by daily work assignment 2. Must wear standard uniform as supplied by City. Uniform must be clean and present a neat appearance. 3. Must submit to Department of Transportation requirements including pre-employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 5. Must submit to Civil Service examination procedures including an equipment driving test and a panel interview. WORK SCHEDULE Scheduled work shift is generally 6:00 a.m. - 2:00 p.m. Monday -Friday. Weather, holidays, or emergency conditions may require working later, other days or weekends. May be significant overtime during weather emergencies. Required to adjust work week to support department/City programs and objectives, including but not limited to neighborhood clean-up events, City-wide clean-up events, etc. EXAMINATION INFORMATION EQUIPMENT EXAMINATION Those applicants with a good motor vehicle driving record will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. The equipment examination will count 40% of the overall test score. ORAL EXAMINATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The oral examination will count 60% of the overall test score. SCORING Page 100 of 264 Those applicants, who successfully complete the equipment and oral examinations, as outlined above, will have their scores determined by giving 40% weight to the equipment test score and 60% weight to the oral test score. The top applicants, as ranked by their scores, will be the individuals placed on the certified lists. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. Failure to pass these tests will result in withdrawal of the employment offer. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. SOLID WASTE TECHNICIAN DESCRIPTION 19 April 2019 Page 101 of 264 June 28, 2019 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Solid Waste Technician for the City of Waterloo, Iowa Public Works/Sanitation Department. Appointment(s) shall be made from this list for the next year (June 28, 2019 — June 27, 2020). Respectfully submitted, CERTIFIED LIST Jeremiah Hanson Andrew Widdel David Brecunier Rodney Duggan Brett Reiter Bobby Bailey Gary Fleming Larry Crane Clark Holdiman Barry Haskins Date Lovie Caldwell Date Ethel Washington Date CS LIST SOLID WASTE TECHNICIAN 19 Page 102 of 264 CITY OF WATERLOO Council Communication Recommendation of appointment of Gary Fleming from the Civil Service List to the position of Solid Waste Technician at the Public Works Sanitation Department, effective October 16, 2019, pending pre-employment physical and drug testing. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer P LJ.blic7 Wou"iks Depart]. -at .p ^" ven, Action Date Approved 1 0/9/20 1 9 ... i:4"7 ATTACHMENTS: Description Type D iolid Waste Technician. Cove. I\ • i➢��� waste teu iiriiG :ar i qu. NQio �., QDve. D P R.equisition. CQDver Memo D Civil Service List .3ackupD N ate ia] SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Recommendation of appointment of Gary Fleming from the Civil Service List to the position of Solid Waste Technician at the Public Works Sanitation Department, effective October 16, 2019, pending pre-employment physical and drug testing. Submitted By: Randy Bennett, Public Works Division Manager Approve Recommendation of Appointment This position is filling a vacancy in the department. This appointment and the appointment of Jeremiah Hanson will have the Sanitation Department fully staffed. 56,513.60 - Salary $83,616.00 - with Benefits Sanitation Fund - 525-15-5400-1111 Strategy 3.4 - Identify and improve proven cost and resource saving measures. Page 103 of 264 Resumes can only be submitted by going to the City of Waterloo website www.cityofwaterlooiowa.com, clicking on the Solid Waste Technician position, reading through the description and following the directions to submit your resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline is noon on Friday, xxx xx, 2019. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION SOLID WASTE TECHNICIAN DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT SANITATION $26.17/hour effective 7/1/19 with $1.00 increase after 6 -month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL 177 GENERAL STATEMENT OF DUTIES Under the general direction of the Public Works Manager and Sanitation Operations Supervisor performs collection of solid waste, trash, refuse, yard waste and recycling during all weather conditions. Other duties that may be required include customer satisfaction, code enforcement cleanups, maintenance and flood relief. Will also be required, as necessary, to support emergency City-wide operations. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Operates a variety of heavy equipment including but not limited to dump truck, automated garbage truck, rear packer garbage truck, backhoe, multi -compartment recycling truck, end loader, compost turner, screener and yard waste grinder. 2. Performs daily work as directed by Operations Supervisor in support of department objectives. Work may include but not be limited to curbside collection, delivery of customer carts, repairs to customer carts, missed garbage, missed yard waste, missed recycling, code enforcement clean-ups, bulk item clean-ups and yard waste site maintenance. 3. Follows established routes and maintains collection schedules and route logs. Prepares and leaves notices or tags on refuse not complying with established ordinance/rules. 4. Insures vehicles and equipment are properly equipped, operating correctly, present a neat and clean appearance and are completely fueled at the end of the work day in preparation for the next day's work assignment. Writes -up any equipment faults using established work order program and turns in to supervisor for scheduled maintenance. 5. Supports special events including but not limited to neighborhood clean-ups, City-wide clean-ups and hazardous materials collection and disposal events. 6. Responds to citizen complaints, questions and requests for service. 7. May assist in answering telephone customer service calls, filling out reports and servicing calls or inquiries. 8. Work is performed in busy traffic areas, in vehicle and on foot, in all weather conditions. Operates equipment that causes vibration, noise level is loud, atmosphere Page 104 of 264 may contain dust and traffic fumes, work environment is dirty with low visibility during bad weather. Works in inclement weather conditions for extended periods of time. 9. Works independently and with others with minimum supervision. 10. Performs work of a repetitive nature and varied workload. 11. Attends work regularly at the designated place and time. 12. Performs all duties and activities in accordance with City policies and procedures. Must comply with OSHA, EPA and Public Works safety rules and regulations. 13. Supports department goals and objectives by making recommendations to management for delivery of service improvements. 14. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic laws and safety rules. 2. Ability to learn City street layout. 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to keep work logs and prepare notices. 5. Ability to safely operate department equipment. 6. Ability to respond to questions and comments from the public tactfully and politely. 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 8. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic or unfavorable weather conditions. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year experience in the skilled operation of a large truck or other large vehicle or equipment OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Iowa Class A or B Commercial Driver's License by equipment testing date and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: (a) loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; (b) loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; (c) four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; (d) three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: (a) four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; (b) two or more at -fault accidents within a three-year period while driving on City business; (c) a combination of three or more at -fault or not - at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at Page 105 of 264 least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina to work at a steady pace for up to ten hours or longer during unfavorable weather conditions or during special projects. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio, to understand and give verbal instructions, respond to questions from the public and to hear and respond to approaching traffic. 4. Sufficient color vision, depth perception, distance and peripheral vision, and hand/eye coordination to safely operate vehicles and equipment in all weather conditions, work in high traffic areas and climb on and off vehicles and equipment; dexterity and grip strength to run controls on compactor and inside automated trucks. 5. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hard-hat, reflective vest, hearing protection, gloves and over -garments as required by daily work assignment 2. Must wear standard uniform as supplied by City. Uniform must be clean and present a neat appearance. 3. Must submit to Department of Transportation requirements including pre-employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 5. Must submit to Civil Service examination procedures including an equipment driving test and a panel interview. WORK SCHEDULE Scheduled work shift is generally 6:00 a.m. - 2:00 p.m. Monday -Friday. Weather, holidays, or emergency conditions may require working later, other days or weekends. May be significant overtime during weather emergencies. Required to adjust work week to support department/City programs and objectives, including but not limited to neighborhood clean-up events, City-wide clean-up events, etc. EXAMINATION INFORMATION EQUIPMENT EXAMINATION Those applicants with a good motor vehicle driving record will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. The equipment examination will count 40% of the overall test score. ORAL EXAMINATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The oral examination will count 60% of the overall test score. SCORING Page 106 of 264 Those applicants, who successfully complete the equipment and oral examinations, as outlined above, will have their scores determined by giving 40% weight to the equipment test score and 60% weight to the oral test score. The top applicants, as ranked by their scores, will be the individuals placed on the certified lists. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. Failure to pass these tests will result in withdrawal of the employment offer. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. SOLID WASTE TECHNICIAN DESCRIPTION 19 April 2019 Page 107 of 264 PERSONNEL REQUISITION Solid Waste Technician The following questions are provided as guidelines to assist you in developing your rational for the position of Solid Waste Technician in the Sanitation Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Delivery of garbage carts, maintains yard waste site, provides fill-in duties for sanitation route operators during absence, pickup of recycle and yard waste routes. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? Yes, however, there are a limited number of employees within the department to provide the services which are user fee based. (3) How is the work of this position being accomplished now? Being completed by others within that job classification, requiring overtime as necessary. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Provides manpower to provide the citizen services which are expected. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Would probably not increase revenues, however, would significantly reduce the potential for dis-satisfied customers. (7) (8) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Overtime / comp time requirements are seasonal. Yard waste pickup and site maintenance require significantly more man-hours. Customer service is a key ingredient. 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. It is my understanding that staffing levels over the past three fiscal years have remained consistent. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Lack of this position will increase overtime for other departmental employees. Page 108 of 264 (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Employee time off is managed to insure daily work assignments are covered. (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? I don't believe there would be savings, however, to the best of my knowledge, this alternative has not been investigated and would require outsourcing the entire department as opposed to one position. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is funded totally with user fees, not property taxes. Citizens who pay for these services, expect these services (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position supports the goal of providing excellent citizen services. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 109 of 264 4-/ PERSONNEL REQUISITION FORM RECEIVED AUG 2 H209 . Check as applicable.. .0 To Start recruiting or civil service prooess and/or To fill a vacancy LI Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of subinission to nunian Resin' rees: 1:14***idiellelei4t4ii**Oek***-*****************4**A4* hir******tk****k*******************************4e******* PositiOn Solid Waste. TeChnician Department: Sanitation Reports To: Sanitation Operations SuperVisor Work Location: Public Works Employment 'Status: RegOlar Full Time flToniporary Full Time from to fl Regular Part' Time 0 Teinporary Part time from. to El Regular 7 -Month 111 ItitentiCo-op Student from to Type of.Position: - Recanntended•Reoruitinent Sources: CivilServioe Position: El "Yes El No El Internal Posting Only Bargaining Position El Yes 0 No E Internal Posting and Extetnat Advettising Bargaining Group: 177. Non,bm'gaMing Position: D Yes 0 NO ******.44***444******o5***“.***0********51:******44********.th**********************44**********4:***** Complete the following if the requisition is to fill a vacancy: Now Position or .Replacement Position -for: Tom Neuman (Solid Waste Operator) (Specify Ma* itnd Ale of f:ormerineumbent) pate incumbent -terminated employment: 08-21-19 Date. of final payout: 09-13-19 Anticipated start datef, ASAP No. of hours/week: 40 Work schedule: 0600-1400 - Tues -Fri Justification of need for position: This position is to replace a voluntary resignation Sanitation Route Driver. -Whattire the likoly consequences it, the position is not filled? Critical position in the de ivelY of services te citizens. APPROVALS Annual Salary re4uirements: $56,513.60 Hourly Rate: 27.17 Benefits: $83,616 (Payroll taxes, Pension, health Ms.- assuming family) Is positioti budgeted for this and .future FY0 El Yes fl No. If no, howwill position be funded? Approyed subject to the following. comlitiotw 4VieSubmitirr/ig triparttne Head 7114eAd1/1—' 41-4"46/41d Met Fthaneiii. I cer ttutUariR oUteeS Ci-eateri 8/W2014 Date 1.2-70 Date /9 62-1 itiitt60 chOiliditog Date 1\44ot • kitruma Resources Director p IP /,d4. Date Page 110 of 264 June 28, 2019 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Solid Waste Technician for the City of Waterloo, Iowa Public Works/Sanitation Department. Appointment(s) shall be made from this list for the next year (June 28, 2019 — June 27, 2020). Respectfully submitted, CERTIFIED LIST Jeremiah Hanson Andrew Widdel David Brecunier Rodney Duggan Brett Reiter Bobby Bailey Gary Fleming Larry Crane Clark Holdiman Barry Haskins Date Lovie Caldwell Date Ethel Washington Date CS LIST SOLID WASTE TECHNICIAN 19 Page 111 of 264 CITY OF WATERLOO Council Communication Recommendation of appointment of Edward Knoebe from the Civil Service List to the position of Garage Mechanic at the Public Works Central Garage Department, effective October 16, 2019, pending pre- employment physical and drug testing. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer i�rrip�iac Works.; Depau-nu crrr�. i^^"ven p.,u�Annn Action Date Approved 10/9/2019 ... ATTACHMENTS: Description Type D gpa:uu uIl r echaruic desci p ion Cove 1\4eirrr � • ll'eu-saarrrn r i orn'nii ('over Memo D Civil Se] ice List ur 11llateriaJ SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Recommendation of appointment of Edward Knoebe from the Civil Service List to the position of Garage Mechanic at the Public Works Central Garage Department, effective October 16, 2019, pending pre-employment physical and drug testing. Submitted By: Randy Bennett, Public Works Division Manager Approve Recommendation With this appointment, Central Garage (Fleet Maintenance) will be at full staff. $59,904.00 - Salary $87,609.60 with benefits General Fund - 010-18-7950-1111 Strategy 3.4 - Identify and improve cost and resource saving measures. Page 112 of 264 Submit resume by going to www.cityofwaterlooiowa.com clicking on Job Opportunities, reviewing the Garage Mechanic description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, xxx xx, 2019. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION GARAGE MECHANIC DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CENTRAL GARAGE $28.80 per hour with $1.00 increase after 6 month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Skilled technical position, responsible for the maintenance and repair of up to seventy different types of vehicles owned by the City and operated by City employees. The work is performed under the general direction of the Fleet Maintenance Director, but considerable leeway is granted for independent judgment. or Skilled, highly technical position, responsible for repair and maintenance of over thirty-five fire rescue vehicles including several different makes and models of fire apparatus, ambulances, pickup trucks and passenger vehicles. The work is performed under the general direction of the Fleet Maintenance Director, but considerable leeway is granted for independent judgment. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Performs routine preventive maintenance on a variety of gasoline and diesel powered equipment. 2. Repairs gasoline and diesel engines, transmissions and drive trains. 3. Troubleshoots, diagnoses and repairs automotive electrical failures. 4. Performs tire replacement/repair, fuel systems diagnosis/repair, brake repair, suspension system repair, cooling system repairs, clutch/transmission replacement/repair, driveline repair and hydraulic systems diagnosis/repair. 5. Repairs radiators, cleans and overhauls carburetors and replaces fuel pumps. 6. Repairs hydraulic pumps and lines. Fabricates hydraulic lines to proper pressure ratings and performs pressure testing of lines. 7. Performs major overhaul on gasoline and diesel engines. 8. Performs layout and fabrication of metal assemblies and weldments. Performs welding/cutting as needed 9. Performs design and creation of jigs to aid in the fabrication of parts. 10. Performs mechanical duties either in shop or on service call, responding to calls for service at remote job sites. Works outside in Page 113 of 264 all weather conditions. 11. Replaces or repairs major components of fire apparatus high volume centrifugal water pumps. (FIRE ONLY) 12. Maintains accurate records of all parts and/or component replacements. Documents all maintenance performed on equipment being maintained/repaired. 13. May assist with writing specifications for the purchase of new equipment, including fire and medical apparatus. 14. Lifts, moves, carries, pushes and pulls objects weighing up to one hundred pounds with assistance, as needed. 15. Works near and around mechanical, hydraulic and electrical hazards; atmosphere may contain dust; environment may be hot/cold, noisy, low visibility, slippery surfaces, dirty/oily/greasy; there may be unfavorable natural ventilation and mobility may be limited. 16. Works independently and with others with minimum supervision. 17. Attends work regularly at the designated time and place. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, including City and departmental safety rules and regulations. 19. Perforins all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Working knowledge of engines, drive trains, chassis, cooling, electrical and hydraulic systems. 2. Knowledge of properties and characteristics of metals used for cutting, welding and forming objects. 3. Ability to cut and join metal parts for fabrication and repair of vehicles and equipment. 4. Basic knowledge of blueprint reading. 5. Knowledge of occupational hazards and the safety precautions necessary in the maintenance and repair of vehicles. 6. Ability to assess vehicle and equipment problems and make independent decisions on repair or maintenance needs. 7. Ability to complete daily work sheets and keep thorough logs and maintenance records. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to interact with coworkers and supervisors and maintain effective working relationships. 10. Ability to communicate effectively and understand written and oral instructions. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Associate's Degree in car or truck mechanics with minimum two years' experience in major repair of vehicles or Technical school graduate with a diploma in automotive mechanics and minimum three years' experience as defined or High school graduate/GED with minimum four years' experience as defined. 2. Work experience must be verifiable with a dealership, private repair facility, truck stop/service center, construction company, governmental agency/school system or other legitimate business. 3. Required to possess or obtain an Iowa Class A Commercial Drivers' License (CDL) with air brake and tanker and endorsements within 6 months of employment. Good driving record based on City of Waterloo driver Page 114 of 264 performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. 4. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred pounds with assistance as needed. 2. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors. 3. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, move from one City facility or work site to another and work in cramped spaces or difficult to reach areas. 4. Sufficient manual dexterity and hand/eye coordination for safe operation of manual and powered equipment; ability to grasp/grip a wide range of tools. 5. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights. 6. Adequate hearing to diagnose vehicle problems and to communicate with coworkers. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hardhat, welding shield, hearing protection and gloves. 2. Must wear standard uniform as supplied by City. 3. Must submit to Department of Transportation requirements including pre- employment, post -accident, reasonable suspicion, random and return-to- duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical and drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5. The City of Waterloo will conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 6. Must comply with City of Waterloo Residency Policy for Critical Employees (live within 10 -mile radius of Waterloo City Hall). Will be given reasonable compliance period Page 115 of 264 as determined by supervisor. 7. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Will be assigned to a shift that is one of the following: 7:00 a.m.-3:00 p.m. or 3:00 p.m. -11:00 p.m. Monday -Friday with a twenty -minute paid lunch. Required to report for work as needed any time during emergencies that are usually caused by extreme weather conditions. ORAL EXAMINATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. GARAGE MECHANIC DESCRIPTION March 2019 Page 116 of 264 PERSONNEL REQUISITION FORM , RECEIVED SEP 2 6 2019 Check as applicable; M To start recruiting oroivil service process and/or To fill a vacancy LI Active Civil Service List Expires: A proposed Oh description and qpcstionnaire must accompany this form at time of submission to Human ReSources, Position: Title: Garage Mechanic • „ De.partmetit: Cetit011 Garage koppits TQ: Fleet Maintenance Director Work Loention: Public Works. Employment•Status: g Regular Full Time 111Regulat Part Time LJ Regular 7-1Vionth Type of Position: Civil Seivice Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: Yes El Yes n Yes No NQ No Temporary PuliTime &wit to Temporary Part from to Intern/Co-0p Student from to 'Recominended Recruitment Sources: Internal Posting Only El internal Posting and External Advertising Complete the following ifthe requisition is to fill a vacancy: El New Position .or fJ Replacement Position for: Richard Strange (Garage Mechanic) (Specify :na(nC aigl Otte of tbrmer tuegmben0 Date hipuntbent terminated employment; Still Emp. Date of final payout: Still Earp Anticipated start date: ASAP No. ofthours/week: •40 Work schedule: 0700-1500 - Mon -Fri Justification ef need for position This position isa. replacement for an employee that was proinoted to the.Pleet Maintenance Dittotor position. What are the likely consequences if the position is not filled? Critical position in the maintenance of equipment: Annual salary reqUirettients,, $59904 IS position budgeted for this and fhture PYs? APPROVALS Hourly Rate: 2.8.80 Benefits:. $8709.60. (Payroll laxes;..pension; health is.surningfamily) Yes [IN° Into, how -will position be funded? Approved •subject to the following conditions: Submitti Departmerit Head Oto,adi/e. , chid Finantifil Officer TittA4V--) tkl-C Date. N--027'9 Date Resliiirees.:CoMnifttde•Chaiiperson Created 812014 Date Mayor ,Ar 41190141WHumait esMited Direetbr Page 117 of 264 June 28, 2019 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Garage Mechanic for the City of Waterloo, Iowa Public Works/Central Garage. Appointment(s) shall be made from this list for the next year (June 28, 2019 — June 27, 2020). Respectfully submitted, CERTIFIED LIST Todd Clark Blake Schmit Edward Knoebel Barry Haskins Date Lovie Caldwell Date Ethel Washington Date CS LIST GARAGE MECHANIC 19 Page 118 of 264 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 10/14/2019 Prepared: REVIEWERS: Department Reviewer Action Date (.'Vert_ Office .Approved 10/9/2,1 5:14 PM ATTACHMENTS: Description Type Q eparmmcmii Reg Backup Ma . SUBJECT: Bonds. Page 119 of 264 BONDS FOR COUNCIL APPROVAL October 14, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5176727 LISTER CONCRETE PRODUCTS & RAILING FABRICATIONS, LLC WATERLOO, IA Page 120 of 264 CITY OF WATERLOO Council Communication Rental of four (4) motor graders to support snow removal operations. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department P Uhlac \Works [)LPat:m n ( ATTACHMENTS: Description D B id 'Fabulation SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer ven„ 1..e Ann Action A pppFOved Type (.lover Memo Date p 0/9/2( A. M Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding bid to Ziegler CAT of Postville, Iowa, in the amount of $7,200 per grader, per month for a total of $115,200, in conjunction with the rental of four (4) motor graders to support snow removal operations, and authorizing the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Division Manager Recommend Approval The need for four (4) motor graders to support snow operations from November 15, 2019 thru March 15, 2020. $128,000.00 Road Use Tax Fund - 266-19-7200-1384 Strategy 2,2 - Enlist all City departments and staff members in efforts to promote a safer community. Strategy 3.4 - Identify and improve proven cost and resource saving measures. Page 121 of 264 (4) Motor Grader Rentals Bid Tab Estimate: $128,000.00 Bidder Bid Security Bid Amount Ziegler CAT Postville, IA $115,200.00 Page 122 of 264 CITY OF WATERLOO Council Communication FY 2020 Levee Tree Removal, Contract No. 990. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer Action Date lua,aaneeuing .App owed .0/90Oi9... ATTACHMENTS: Description Type ❑ l uQi 'll ba.Oi pion Backup M a:erm . SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer GO Bonds Page 123 of 264 FY 2020 Levee Tree Removal, Contract No. 990 Estimate: $123,700.00 Bidder Bid Security Bid Amount Vieth Construction, Corporation Cedar Falls, IA 5% $86,620.00 Peterson Contractors, Inc. Reinbeck, IA 5% $118,380.00 Veracity Excavating, LLC ° 5 /° $ 98,910.00 Hatch Grading & Contracting Dysart, IA ° 5 /° $105,100.00 Page 124 of 264 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement and Minimum Assessment Agreement with Makenda, LLC for the redevelopment of a corn>nercial building located at 205 West 4th Street (Ramada Hotel) for renovations to the hotel with a new taxable value of $9,500,000, 20 years of tax rebates at 85 percent, and 20 years of increased hotel/motel increment, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/14/2019 Prepared: 10/11/2019 REVIEWERS: Department Reviewer Action Date Ppnancnn:nnng & Zoning i t.kJane 1< lley Approved 10/11 /2 4:52 P ATTACHMENTS: Description Type A.ppneemer.t 13acku:p Material SUBJECT: Submitted by: Resolution approving a Development Agreement and Minimum Assessment Agreement with Makenda, LLC for the redevelopment of a commercial building located at 205 West 4th Street (Ramada Hotel) for renovations to the hotel with a new taxable value of $9,500,000, 20 years of tax rebates at 85 percent, and 20 years of increased hotel/motel increment, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Commuity Planning and Development Director Recommended Action: Approval The property is currently the Ramada Hotel located adjacent to the Summary Statement: convention center in downtown Waterloo. The owner has entered into a purchase agreement with Makenda, LLC. Expenditure Required: $450 000 grant $125,000 Hotel/Motel Source of Funds: Future rebates and future hotel/motel increment from hotel Policy Issue: Strategic Planning Policy 1, 3 and 4 regarding Economic Development Alternative: Not approve ORIGINAL PLAT WATERLOO WEST NWLY 13 FT LOT 2 AND LOTS 3, 4 AND 5 IN BLK 8 EXC THAT PART LOT 2 DESC AS FOL: COM AT A PT ON NELY LINE SAID BLK 8 THAT IS 86.50 FT NWLY FROM PT OF INTER SAID NELY LINE BLK 8 WITH NWLY LINE W 5TH ST AND RUNNING FROM SUCH PT OF BEG NWLY ALONG NELY LINE SAID BLK 8 A DIST OF 22.125 FT TH SWLY ALONG A STRAIGHT LINE TO A PT ON SWLY LINE SAID Page 125 of 264 Legal Descriptions: LOT 2 WHICH IS 108.60 FT NWLY FROM THE NWLY LINE SAID W 5TH ST TH SELY ALONG THE SWLY LINE SAID LOT 2 A DIST OF 22.10 FT TH NELY ALONG A STRAIGHT LINE TO THE PT OF BEG AND ALSO ALL THAT PART OF THE ROW OF W 4TH ST LYING ADJ TO LOT 5 BLK 8 LYING WITHIN THE FOL DESC BOUNDARY: BEG AT THE N COR SAID LOT 5 TH SWLY ALONG THE NWLY LINE SAID LOT 5 TO THE W COR SAID LOT 5 TH NWLY ALONG AN EXT OF THE SWLY LINE SAID LOT 5 A DIST OF 34.13 FT TO APT WHICH IS 40 FT NORM DIST SELY FROM THE CENTERLINE OF EXISTING W 4TH ST PAVING TH DEFLECTING TO THE RT IN A NELY DIRECTION AT AN ANGLE OF 75 DEG 13 MIN 30 SEC ALONG A LINE WHICH IS PAR WITH CENTERLINE W 4TH ST PAVING A DIST OF 47.54 FT TH NWLY NORM TO THE NWLY LINE SAID LOT 5 A DIST OF 11.11 FT TH NELY PAR WITH NWLY LINE SAID LOT 5 A DIST OF 18 FT TH SELY NORM TO THE NWLY LINE SAID LOT 5 A DIST OF 6.38 FT TO APT WHICH IS 40 FT NORM DIST SELY FROM CENTER- LINE W 4TH ST PAVING TH DEFLECTING TO THE LEFT IN A DIRECTION AT AN ANGLE OF 104 DEG 43 MIN 50 SEC ALONG A LINE WHICH IS PAR WITH SAID W 4TH ST CENTER- LINEA DIST OF 6.18 FT TH NELY ALONG A CURVE CONCAVE SELY TANGENT TO LAST DESC LINE HAVING A RADIUS OF 876.73 FT A DIST OF 73.34 FT (ARC LENGTH) TO A PT ON NWLY EXT OF NELY LINE SAID LOT 5 TH SELYA DIST OF 68.17 FT TO PT OF BEG Page 126 of 264 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of oa, i , 2019, by and between Makenda, LLC, a stu+kuRstik limited liability company (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. Company is willing and able to finance and undertake acquisition and rehabilitation of an existing hotel property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company is the owner of, or is in the process of acquiring ownership of, a 10 -story hotel and restaurant structure located on real property located at 205 W. 4th Street, Waterloo, described on Exhibit "A" attached hereto (the "Property"). The Company will undertake the Project (defined below) upon the Property. 2. Improvements by Company. Company shall upgrade and renovate the hotel lobby, rooms, restaurant and other facilities (all of the foregoing renovations and improvements are collectively referred to as the "Improvements") at a minimum estimated investment cost of $9,500,000 (including Property purchase cost), or at Page 127 of 264 greater minimum amount required by the franchise to meet its property improvement requirements, a copy of which is attached hereto as Exhibit "B". Additional description of the Improvements is attached hereto as Exhibit "C". Company agrees that the Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. Concurrently with any application for a building permit, Company shall provide to City proof of firm financing commitments in a total amount sufficient to undertake the Project. The Property, the Improvements, and all development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Project Schedule. Company shall commence Improvements within four (4) months after the date of this Agreement and shall substantially complete the Project within twelve (12) months thereafter. If Company has not begun construction of the Improvements before the end of the 4 -month period, City in its sole discretion may terminate this Agreement and have no further obligation hereunder. If construction has not begun by the end said 4 -month period, but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of time for the construction of the Improvements. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), the time for completion of construction shall be tolled for a period of time equal to the period of Unavoidable Delay, and thereafter if construction is not completed within the allowed period of extension, City in its sole discretion may terminate this Agreement and have no further obligation hereunder. If City terminates this Agreement, also see Section 8.C. 4. City Activities in Aid of Project. A. Rebates. City shall provide property tax rebates as further set forth in Section 6 below. B. Economic Development Grant - General. Subject to the terms of this paragraph, City shall pay to Company a development grant in the amount of $450,000.00 (the "ED Grant"). The ED Grant shall be payable upon Company's delivery of proof to City that Company has completed a closing for purchase of the Property. The ED Grant shall be subject to repayment as provided in Section 8.0 if City terminates this Agreement as provided in Section 3. C. Economic Development Grant — Hotel/Motel Tax. For a period of twenty (20) years, City will make an annual grant to Company in an amount 2 Page 128 of 264 equal to the difference between the hotel -motel tax revenues actually generated by the hotel during the applicable fiscal year and the baseline tax of $125,000.00. Grant payments will start in "Year One" as defined in Section 6. City will make payment of each grant to Company within sixty (60) days after the close of City's fiscal year, provided that Company has furnished to City copies of Company's quarterly or monthly sales tax returns, as applicable, as filed with the State of Iowa with respect to each filing period during said fiscal year, within ten (10) days after filing same, together with proof that such tax has been paid in full. This annual grant shall also be subject to Company's performance of the covenants set forth in Section 8. As to any year for which Company does not provide all returns by September 30 of the following fiscal year, or in which Company has not performed the covenants set forth in Section 8, City in its sole discretion may cancel the grant for the year of deficient reporting or performance, without liability for payment of any part of such canceled grant. D. Parking. The parties agree to enter into a separate agreement for use, in the connected parking ramps, of up to 40 reserved spaces (with as many of those as are available on the second floor) and up to 110 non -reserved spaces by overnight patrons of the hotel. Company may choose to validate parking for authorized patrons, at rates to be determined by City policy. Rates for each parking space in the first year of use, starting with the opening date of the hotel, shall be $2.50 per month, shall be $5,00 per month in the second year and third year, and thereafter shall increase by the same percentage as general rates for other parking ramp users may be increased from time to time. E. Convention Center. City agrees to invest in improvements to the Five Sullivan Brothers Convention Center (the "Center") at a level of $1,400,000 to $2,800,000 per fiscal year for the period from July 1, 2020 to June 30, 2022 and $700,000 to $1,400,000 per fiscal year for the period from July 1, 2022 to June 30, 2025. City will consult with Company to identify and prioritize desired improvements. City shall commence improvements within four (4) months after the date of this Agreement and will have improvements of $2 million in cost either complete or in process by June 30, 2020. F. Other Facility Improvements. City will make such improvements to the skywalks connecting the Property with the Center and the parking garage as the parties shall agree, including but not limited to roofing repair and door replacements. City shall also make such improvements to the parking garage as the parties shall agree, including but not limited to painting and cleaning. City will work with Company to coordinate facility improvements with Company's Improvements. G. Reports. Until substantial completion of improvements to the Center, skywalk and parking garage, City shall make progress reports to Company, in such detail and at such times as may be reasonably requested by 3 Page 129 of 264 Company, as to the actual progress of City with respect to construction of the Improvements. H. Maintenance of Improvements. City will maintain, preserve and keep the Center, skywalks and parking ramp properties in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. 29. Problem Resolution. City will cooperate with Company in resolution of any traffic, parking, trash removal, public safety or other problems which may arise in connection with operation of the Center. J. Bid Documents. City agrees to provide to Company's representative a copy of any bid documents that City issues for the City improvements referred to in paragraphs E and F above. City also agrees to provide to Company a copy of any bid documents that the City issues for wood products to be used for improvements to the Center. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement attached hereto as Exhibit "D" (the "MAA"), it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $9,500,000.00 ("Minimum Actual Value"), through: (29) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 6. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 5, and subject to annual appropriation by the city council, City agrees to rebate property tax (with the exceptions noted below) as follows: 85% rebate for each of Years One through Twenty, inclusive, 4 Page 130 of 264 for any taxable value over the January 1, 2018 value of $1,617,050. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, of Company's right to a rebate for that year will be forfeited in the City's discretion. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon (x) the value of the land or (y) upon the value of the land and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 7. Cooperative Activities. City agrees that Company may designate a representative to participate in a group that will assist City in selecting a new operations manager for the Center. Company will also participate in a joint review board that will be established to regularly and periodically assess communications between Center staff and hotel staff, communications between parking garage staff and hotel staff, cleanliness of shared public spaces (e.g., skywalks) and general maintenance of the improved Property, Center and other facilities, status of improvements to the Property, Center and other facilities, and other matters of mutual interest and benefit to the parties. It is contemplated that the review board will include representatives from City, Company, Waterloo Development Corp., Main Street Waterloo, Experience Waterloo (i.e., convention and visitors bureau), and a significant user of the Center. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Destination Marketing Fee. Company agrees to enter into a written agreement with Experience Waterloo by which Company will bill its customers, in connection with each paid booking of a hotel room on the Property, a sum equal to the destination marketing fee paid by other hotel operators in the City of Waterloo, and will remit to Experience Waterloo such fees at it collects. Company is required to bill for the fee, but customers are not obligated to pay the fee. Company shall not direct or encourage customers to not pay the fee. The agreement shall be in effect for a term of five (5) years from the date Company's hotel is first open for business. B. Replacement Reserve. The parties acknowledge that the hotel on the Property is a nearly 40 -year-old facility that is likely to require significant periodic maintenance, renovation, and upgrade. Accordingly, Company agrees to maintain a segregated reserve account into which Company will make 5 TANOMPMIMMOMMOMOMMOI Page 131 of 264 quarterly deposits of an amount initially equal to two percent (2%) of the hotel's operating revenues for such calendar quarter. Company's first contribution to the account shall be after the second year that it operates the hotel, in respect of the first quarter of the third year of operation. The reserve amount shall be three percent (3%) for the fourth year of operation and four percent (4%) for the fifth year of operation and all years thereafter. For purposes of this section, "operating revenues" means the total amount received from third parties by Company or its contracted hotel manager, directly or indirectly, arising out of or connected with the hotel, including but not limited to transactions for cash, credit and credit card sales, less applicable sales taxes. Company may utilize funds from the reserve account to defray the cost of capital upgrades and improvements to the hotel, other than the initial Improvements described in Section 2. By having such a fund, the parties express no expectation that it will be the sole source of funds for such upgrades or improvement costs. As a condition to receipt of property tax rebates for a given year, Company shall deliver to City a report showing the balance in the reserve account as of the end of the most recent quarter. C. Grant Repayment. If City terminates this Agreement as provided in Section 3, Company shall repay the ED Grant specified in paragraph 4.B in full to City within ninety (90) days after the date of termination. If not timely repaid, the ED Grant shall accrue interest at the prime rate plus one percent, capped at six percent (6%) per annum retroactive from the date of termination, until paid in full. The "prime rate" shall be such rate as reported in the Wall Street Journal for the date of termination. The personal guaranty provided by Company's principals shall apply only to the limited extent stated therein. D. Hotel Operation. Company may operate the hotel through a separate company affiliated with Company by common ownership and/or control, but Company will be responsible to ensure that Company or its operating affiliate perform all of the terms of this Agreement that are Company's duty to perform. E. Hotel Flag. During the term of this Agreement, Company must maintain the standard and corporate flag of Best Western Plus and to maintain good standing with Best Western requirements. Company will provide a complete copy of the annual Best Western Quality Assurance Evaluation (QAE) to City in order to receive property tax rebates outlined in item 6 of this Agreement. If Company fails to maintain such standards and as a result the hotel flag changes to a lesser quality product, the City at its sole option may terminate this Agreement and cancel any additional benefits that accrue to Company under this Agreement. 6 Page 132 of 264 F. Insurance. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. G. Progress Reports. Until substantial completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. H. Problem Resolution. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. I. Minimum Actual Value. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. J. Maintenance of Property. Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. K. Legal Compliance. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. L. Restricted Activities. During the period that any rebate is payable to Company under this Agreement, Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that 7 Page 133 of 264 MMMOO MIMMMUI➢MMMOMMIMMMMWMNM^MM would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. M. Property Taxes. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Indemnification and Releases. 29. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "City indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the City indemnified parties against, any Toss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The City indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such City indemnified party or its officers, employees or agents. B. Except for any willful misconduct or any unlawful act of the City indemnified parties, Company agrees to protect and defend the City indemnified parties, now or forever, and further agrees to hold the City indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any covenant or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only iomnogogorn 8 Page 134 of 264 to the extent such liability has not been previously transferred to and accepted by the City in writing. 29. To the extent permitted by applicable law, City hereby covenants and agrees that Company, its officers, employees and agents (the "Company indemnified parties") shall not be liable for, and agrees to indemnify, defend and hold harmless the Company indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Center, a skywalk, or a parking ramp resulting from any defect in such facilities. The Company indemnified parties shall not be liable for any damage or injury to the persons or property of City or its elected officers, officers, employees, or agents, or any other person who may be about the Center, skywalks or parking ramp, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such Company indemnified party or its officers, employees or agents. 29. Except for any willful misconduct or any unlawful act of the Company indemnified parties, and to the extent permitted by applicable law, City agrees to protect and defend the Company indemnified parties, now or forever, and further agrees to hold the Company indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any covenant or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by City against Company to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of improvements to the Center, skywalks, and parking ramp. E. The provisions of this Section shall survive the expiration or termination of this Agreement. 10. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: 29. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms and conditions of this Agreement; 9 Page 135 of 264 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City as provided in this Agreement; 29. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; 29. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 11. Remedies. 29. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may suspend its performance under this Agreement until it receives assurances from Company, deemed adequate by City, that Company will cure its default and continue its performance under this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, and by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. 10 Page 136 of 264 B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, and by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 29. Right to Setoff. At any time that Company is delinquent by more than thirty (30) days in fulfilling any payment obligation to City, City shall be entitled to set off such amount from any sum that the City owes to Company. After exercising any right of setoff, City shall provide written notice of same to Company. 29. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. Likewise, Company's obligations under this Agreement are subject to and contingent upon City's completion of all such procedures, hearings and approvals. City hereby agrees to timely undertake and complete all such procedures, hearings and approvals so that the benefits that City promises to Company hereunder as an inducement for Company to undertake and complete the Project as set forth in this Agreement will not be lost. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 120 - day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same. 14. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 11 119.0 N Page 137 of 264 B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 15. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. Company has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of 12 Page 138 of 264 this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement and would not have offered the substantial Project incentives described herein. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City shall deliver written notice of such breach to Company, and if Company fails to cure such breach within sixty (60) days thereafter, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, (with an additional copy delivered by one of the foregoing means), and addressed: (29) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. fro 6st-1A, (b) if to Company, at 7o i z « ' r ek-1- . ; ,w . , Attn: EkiAnt kc tJ• f U 409' c -tog Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or 13 Page 139 of 264 any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in 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. 23. 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, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Assignment. Except as set forth in this paragraph, until after the fifth anniversary of the date hereof, Company may not sell, convey, give, or otherwise transfer title to the Property to any third party without the prior written consent of City, except to a successor by merger or consolidation, which consent shall not be unreasonably withheld if such third party has demonstrated experience of no less than five (5) years of profitable hotel operation and agrees to assume all obligations of Company hereunder. Notwithstanding the foregoing, and provided that Company promptly provides written notice to City, Company may, without further action on the part of City, (a) assign its rights under this Agreement, including but not limited to mortgaging the Property, to a private lender as security on a credit facility taken in connection with the Project, including any refinancing thereof, and (b) assign its rights under this Agreement to an affiliated entity that is wholly owned by Company or to an entity affiliated with Company by common ownership or control. 25. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 14 Page 140 of 264 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, permitted assigns, and legal representatives. 27. 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. 28. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Title: 'MICE PfZO-s PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of the grant repayment obligation set forth in paragraph 8.0 of the foregoing Agreement and the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. This personal guaranty shall be released upon presentment of the final Certificate of Occupancy issued after completion of the Improvements. 15 Page 141 of 264 EXHIBIT "A" Legal Description of Property THE NORTHWESTERLY 13 FEET OF LOT 2 AND ALL OF LOTS 3, 4 AND 5, BLOCK 8, ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, EXCEPTING THAT PART OF SAID LOT 2 DESCRIBED AS FOLLOWS: COMMENCING FROM A POINT ON THE NORTHEASTERLY LINE OF SAID BLOCK 8 THAT IS 86.50 FEET NORTHWESTERLY FROM THE POINT OF INTERSECTION OF SAID NORTHEASTERLY LINE OF BLOCK 8 WITH THE NORTHWESTERLY LINE OF WEST 5TH STREET IN SAID CITY AND RUNNING FROM POINT OF BEGINNING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID BLOCK 8, 22.125 FEET; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 2 WHICH IS 108.60 FEET NORTHWESTERLY FROM THE NORTHWESTERLY LINE OF SAID WEST 5TH STREET; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 2, A DISTANCE OF 22.10 FEET; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING. ALL THAT PART OF THE RIGHT-OF-WAY OF WEST 4TH STREET LYING ADJACENT TO LOT 5, BLOCK 8, ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: BEGINNING AT THE NORTH CORNER OF SAID LOT 5, THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 5 TO THE WEST CORNER OF SAID LOT 5, THENCE NORTHWESTERLY ALONG AN EXTENSION OF THE SOUTHWESTERLY LINE OF SAID LOT 5, 34.13 FEET TO A POINT WHICH IS 40 FEET NORMALLY DISTANT SOUTHEASTERLY FROM THE CENTERLINE OF THE EXISTING WEST 4TH STREET PAVING; THENCE DEFLECTING TO THE RIGHT IN A NORTHEASTERLY DIRECTION AT AN ANGLE OF 75 DEGREES, 13 MINUTES, 30 SECONDS ALONG A LINE WHICH IS PARALLEL WITH THE CENTERLINE OF THE WEST 4TH STREET PAVING 47.54 FEET; THENCE NORTHWESTERLY NORMAL TO THE NORTHWESTERLY LINE OF SAID LOT 5, 11.11 FEET; THENCE NORTHEASTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 5,18 FEET; THENCE SOUTHEASTERLY NORMAL TO THE NORTHWESTERLY LINE OF SAID LOT 5, 6.38 FEET TO A POINT WHICH IS 40 FEET NORMALLY DISTANT SOUTHEASTERLY FROM THE CENTERLINE OF THE WEST 4TH STREET PAVING; THENCE DEFLECTING TO THE LEFT IN A NORTHEASTERLY DIRECTION AT AN ANGLE OF 104 DEGREES, 43 MINUTES, 50 SECONDS ALONG A LINE WHICH IS PARALLEL WITH SAID WEST 4TH STREET CENTERLINE, 6.18 FEET; THENCE NORTHEASTERLY ALONG A CURVE, CONCAVE SOUTHEASTERLY, TANGENT TO THE LAST DESCRIBED LINE AND HAVING A RADIUS OF 876.73 FEET, 73.34 FEET (ARC LENGTH) TO A POINT ON THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTHEASTERLY 68.17 FEET TO THE POINT OF BEGINNING. Page 142 of 264 EXHIBIT "B" Hotel Franchise Property Improvement Requirements See attached. mranwono Page 143 of 264 See attached. MOM EXHIBIT "0" Additional Description of Improvements Page 144 of 264 EXHIBIT "D" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of e I�® , 2019, by and among the CITY OF WATERLOO, IOWA ("City"), MAKENDA, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area (the "Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) on the Property pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $9,500,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2060. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 145 of 264 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Title: VI CF: P>r STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2019, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City 2 Page 146 of 264 Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF COUNTY OF ) ss. Notary Public Acknowledged before me on DeA h , _ 1.( , 2019 by Rob as \/'► CL. DONNA JANE DODGE Notary Public Minnesota My Commission Expires Jan 31, 2021 of Makenda, LLC. 3 Page 147 of 264 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Nine Million Five Hundred Thousand Dollars ($9,500,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2019, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 148 of 264 CITY OF WATERLOO Council Communication Resolution approving a request by CGA Engineering on behalf of BC S Properties, LLC, for the preliminary plat of Village West 3rd Addition, a 2 lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department Reviewer Action Date 1° pntnnn dt. g & Zorn n g Schroeder, Ar. c Approved 10/9/2019 ... ll gyp: 14 AM Q.'llerrlc Office pfice Elven, l.TeA.nro Approved .r:rra.wed i0/9/2011) ... .27 A M ATTACHMENTS: Description Staff R.eport Overview M.ap: Aerial Map Type (I:over Menlo Cover Memo (.:over Merno Eng. Letter p)edieatio n (`ov SUBJECT: Submitted by: Recommended Action: Resolution approving a request by CGA Engineering on behalf of BCS Properties, LLC, for the preliminary plat of Village West 3rd Addition, a 2 lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue. Submitted By: Noel Anderson, Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Preliminary Plat request at their regular meeting on February 5, 2019. Therefore, staff recommends that the Preliminary Plat for Village West Third Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. Transmitted herewith is a request by CGA Engineering on behalf of BC S Properties LLC, for the preliminary plat of 5.22 acres for Village West 3rd Page 149 of 264 Summary Statement: Addition to allow for the development of a 2 lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue. Included are the following: • Staff report • Overview Map • Aerial photograph • Preliminary Plat • Report of City Engineer • Deed of Dedication Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 3.8: Continue efforts to foster new investments and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area. VILLAGE WEST 3RD ADDITION LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., IN WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED AS LOT 1 OF VILLAGE WEST 2ND ADDITION AND RECORDED IN INSTRUMENT NO. 2019- 00005029 IN THE OFFICE OF THE RECORDER, BLACK HAWK COUNTY, IOWA: THENCE, S89°06'08"W 492.19' ALONG THE NORTH LINE OF SAID LOT 1 TO THE NORTHWEST CORNER OF SAID LOT 1, SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 63; THENCE, N1°04'26"E 12.93' ALONG SAID EAST RIGHT OF WAY LINE; THENCE, N35°10'15"E 315.53' ALONG SAID EAST RIGHT OF WAY LINE; THENCE, N89°06'08"E 383.75'; THENCE, N89°05' 14"E 347.93'; THENCE, S0°54'46"E 210.97' TO A POINT ON THE NORTH LINE OF LOT 3 OF SAID VILLAGE WEST 2ND ADDITION; THENCE, S89°05'14"W 425.76' ALONG ANORTH LINE OF SAID VILLAGE WEST 2ND ADDITION TO A NORTH CORNER OF SAID VILLAGE WEST 2ND ADDITION, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF FOUNDATION DRIVE; THENCE, S0°53'52"E 56.98' ALONG SAID WEST RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 5.22 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY Page 150 of 264 REQUEST: APPLICANT: GENERAL DESCRIPTION: October 14, 2019 CGA Engineering, LLC on behalf of BCS Properties, LLC for the Preliminary Plat of Village West 3rd Addition, a 2 -lot commercial subdivision located northwest of 1850 West Ridgeway Avenue. CGA Engineering, LLC, 16 E Main Street, Marshall, IA 50158 CGA Engineering on behalf of BCS Properties, LLC is requesting to plat the property in question for the purposes of creating a 2 -lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as the area has several new SURROUNDING commercial developments in the area. LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by West Ridgeway Avenue, which is classified as a Minor CONDITIONS: Arterial and the proposed Foundation Drive will be classified as a local street. Highway 63 is to the west and is classified as a Principal Arterial. RELATIONSHIP TO The Sergeant Road Trail is located to the west along Highway 63. RECREATIONAL There are plans to extend the Ridgeway Avenue Trail on the south TRAIL PLAN AND side of Ridgeway Avenue. COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed preliminary plat is zoned "C-2" FOR SITE AND Commercial District and was rezoned from "M -2-P" Planned IMMEDIATE VICINITY: Industrial District and "A-1" Agricultural District on March 7t", 2017 Ordinance 5393. Surrounding land uses and their zoning are as follows: North — Vacant Land, Highway 63, and Light Industrial, zoned "R- 2 -CZ" Conditional Zoning One and Two Family Residence District and "M-1" Light Industrial District. South — Vacant Land, Ridgeway Avenue, Professional Offices, and State of Iowa Road Maintenance Building, zoned "M-1" Light Industrial District and "A-1" Agricultural District. East — Dentist office under construction, strip mall, and golf driving range, zoned "C-2" Commercial District and "R -2 -CZ" Conditional Zoning One and Two Family Residence District. West — Highway 63 and light industrial businesses, zoned "M-1" Light Industrial District. DEVELOPMENT Commercial buildings built between 1990 and 2017. HISTORY: BUFFERS/ SCREENING No additional buffers would be required as a part of this preliminary plat request. The property currently already has a tree buffer to the NW of 1850 Ridgeway Avenue — Village West 3' Addition PgdEc15f13of 264 October 14, 2019 REQUIRED: east and north. DRAINAGE: A drainage plan will need to be submitted to Engineering when buildings are constructed. The property currently has a proposed Storm Water Management Easement on the southeast side of Lot FLOODPLAIN: 2 Portions of the property are located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. Portions of the two lots are in Zone A: 100 year Floodplain, and Zone X: 500 year Floodplain. All buildings built within Zone A will need to be built 1' above base flood elevation. PUBLIC /OPEN The nearest schools are Kingsley Elementary located 1.51 miles to SPACES/ SCHOOLS: the northeast, Hoover Middle School located 1.43 miles to the southeast, and West High located 1.88 miles to the east. There are no parks in the immediate vicinity. UTILITIES: WATER, A new 8" sanitary sewer main will be extended to the north from a SANITARY SEWER, 10" sanitary sewer line underneath West Ridgeway Avenue. West STORM SEWER, ETC: Ridgeway also contains 4" drain tile, 42" storm sewer, and a 12" water main. There is also a 21" sanitary sewer main located along Highway 63. RELATIONSHIP TO The Future Land Use Map designates this area as Business Park: COMPREHENSIVE Professional Offices, Commercial; Compatible Light Industrial. The LAND USE PLAN: proposed plat conforms to the Future Land Use Map and Comprehensive Plan. STAFF ANALYSIS — The preliminary plat consists of two lots containing a total of 5.22 ZONING acres of land which is located northwest of 1850 West Ridgeway ORDINANCE: Avenue. The two lots are 3.18 and 1.93 acres in size. Both lots are zoned "C-2" Commercial District. STAFF ANALYSIS — The preliminary plat shows the legal description, existing SUBDIVISION topography contours, property lines, dates, building setback lines, ORDINANCE: north arrow, scale, sanitary sewer proposed location, water systems locations, adjoining subdivisions, size of the existing lots, right-of-way widths, sidewalks, vegetative location, and street names, street surfacing, gas, electric, communication, utilities with sizes, street light locations, and street widths. The Planning and Zoning Commission unanimously approved the minor plat at their regular meeting on February 5, 2019. NW of 1850 Ridgeway Avenue — Village West 3' Addition PgdEP i 52 of 264 October 14, 2019 STAFF Therefore, staff recommends that the Preliminary Plat for Village RECOMMENDATION: West Third Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. 2. That all buildings built in areas that are in Zone A: 100 Year Floodplain be built 1' above the base flood elevation. NW of 1850 Ridgeway Avenue — Village West 3' Addition PgdEP 151 of 264 City of Waterloo City Council October 14, 2019 A-1 cc 0 m 1--• �; ,PIONEER RD - O W -7z_DEVONSHIRE DR - ( R-1, R P I • Y c.SLEY CIR` I JANE ST 4.: 0 m R-2 R-3 Q Q r- 0 5 W J R,2,C-Z R-4 PATRICK,CT R-3 C-1 C -1 ,I C -Z1 ATHENS DR 0 0 15'c' P B -P CYCLONE DR 'S1�� M-2, 41111/ : M-1 R=4 `RID'GEVBAYAVE >M-1 A-1 M-1 mR-4cf) , / c, Ai T tiv N ▪ ,o„ c>, (Z- 11387-4N_ z �, R-3 5D a 0 co0 0 R -4,C -Z c0 0C" a4- / '2 rk �c'-P� moo cD / `c6,6, vmoo` z G)HV R-1 OLYMPIC DR- 111111111111 R- West of 1850 West Ridgeway Aveue Preliminary Plat Village West 3rd Addition CGA Engineering Page 154 of 264 City of Waterloo City Council October 14, 2019 Area to be Platted dl�°,I'I"Ili° 111 11,1,1,1,11,1,9 v�M, �141IIlIIiiJu�'u�M;'�Ny4IN,lIi wi ^�IVN�+I I1I'WIVd 'aaww' wrwrr��w44 , wnrvMilmollmpi� "l �Y�YIiV�,'+Vllpill6�P�III'ytiimNliiiiit;•�i(IYI;,,.„durgl'il; ,.i , ,Ii,Ib�P'l; �d or. ' M uNpuuv�mmpu"M„"y�Vl�i!NYY��I'�I a"` r!mMp�oomrnmiwri rm�, Cif �� '�i m'�I °� 6 uallM ,�kmm'��,iVl;e�p� 14,YY��iilulVu.M''1r"^'���M'MN"m'�M''�r�V,��IM191rr�Vk9�u��'ly���h','?'q�'vh'uM�q�iyi�i���Nui I 1'IIMf wrw�.^��au �pm'iii� e � oiYN'W' W°'��IM;�����m OVuuuViVin��„��u�Vl:, � r�nll'u• i yup Wall mmuuuVil „,dm , West of 1850 West Ridgeway Aveue Preliminary Plat Village West 2nd Addition CGA Engineering Page 155 of 264 SURVEYOR AND ENGINEER SURVEY REQUESTED BY: • 0 • 0 rx' w LLI VICINITY MAP #), .‹T ,..;o0R1q) X a o o X LEGAL DESCRIPTION 0 e ▪ 0) FI% PRELIMINARY PLAT 077,- ,7,701 - VE/D ,31,1 7717117.1,-150,7,7,,,,,, 50.1,-60771 Page 156 of 264 PRELIMINARY PLAT 3sb.bsoOS 3d 3NOZ '. X3NOZ �:maue�eac;ai r- sl rlo � b�SN 410 � Z 5l I l -laor 16b 13 ��u1, M29,69,ONS e31drv1 S,3.ZS!€g OS � r, CS ON � �. 9n[LO NOiJYONns.1 V1.11 Page 157 of 264 Y I 1 NOW 011 dow Ad, F 1 715 Mulberry St. 0 Waterloo, IA 50703 0 Phone (319) 291-4312 Fax (319) 291-4262 city.engincer@waterloo-ia.org JAMIE KNUTSON, PE 0 City Engineer October 8, 2019 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT VILLAGE WEST 3RD ADDITION Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Dennis J. Gentz,19—.' Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 9131 9641 Page 158 of 264 OWNER'S STATEMENT AND DEED OF DEDICATION FOR VILLAGE WEST 3RD ADDITION, WATERLOO, IOWA KNOW ALL MEN BY THESE PRESENTS: That BCS Properties, L.L.C. and GAC Real Estate, LLC, (collectively hereinafter "Owner"), being desirous of setting and platting into lots the land described in the attached Certificate of Survey by , Licensed Land Surveyor, dated the day of , 2019, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as VILLAGE WEST 3RD ADDITION Waterloo, Iowa, hereinafter "Development", all of which is with the free consent and desire of Owner, and Owner does hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. I. EASEMENTS. Owner does hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat. All sanitary sewer easements shall be kept free and clear of any obstruction that hinders use of and access to the easements by maintenance equipment. II. COVENANTS, CONDITIONS, AND RESTRICTIONS. Owner does also covenant and agree for themselves, their successors and assigns, that each and all of Lots in Development shall be and the same are hereby made subject to the following Covenants, Conditions, and Restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if the same were set forth and contained in each deed of conveyance or mortgage that Owner, or their successors in interest, may hereafter make for any of the Lots and that such restrictions shall run with the land and with each Lot for the length of time and in the particulars hereafter stated, to wit: A. PURPOSE. The overall goal of the Covenants, Conditions, and Restrictions for Development is to produce a high quality and aesthetically pleasing commercial park that Page 159 of 264 compliments the property's natural resources. The Covenants, Conditions, and Restrictions should help to preserve and enhance an environment in the completed park that is pleasing to occupants, visitors, and neighbors. B. DEFINITIONS. For the purpose of this instrument, the following terms shall have the following definitions: 1. Developer - shall mean and refer to BCS Properties, L.L.C. 2. Development - shall mean and refer to the real property described above. 3. Lot - shall mean and refer to any individual parcel of land located within Development which is platted as a separate parcel to be sold or developed. 4. Lot Owner - shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any Lot. In the event a Lot Owner of any Lot consists of more than one person or entity, such persons shall within thirty (30) days after the date of their acquisition of said Lot, execute and deliver to Developer a written instrument, including a power of attorney appointing and authorizing one individual or entity as their agent to receive all notices and demands required to be given pursuant to the terms and provisions of these Covenants, Conditions, and Restrictions, execute any and all documents, consents, and instruments required under the terms and provisions of these Covenants, Conditions, and Restrictions and to cast all votes and to take any and all action required or permitted to be taken by them under the terms and provisions of these Covenants, Conditions, and Restrictions. Lot Owner may change its designated agent by written notice to Developer, but such change shall be effective only after actual receipt of the notice to Developer. C. PERMITTED AND PROHIBITED USES. 1. PERMITTED USES. Lots within Development may be used only for retail sales and office purposes. Further, upon written approval of Developer, Lots within Development may be used for other commercial uses compatible with and ancillary to the aforementioned uses (including, but not limited to, banks, restaurants, etc.). 2. PROHIBITED USES. a. Any use which is offensive by reason of odor, fumes, dust, smoke, noise or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, injurious to the reputation of any Lot in Development. b. Any use which is in violation of the laws of the United States, the State of Iowa, any other governmental authority having jurisdiction over 2 Page 160 of 264 Development. c. Bar, tobacco outlet, night club, adult entertainment, sale of firearms and related products, outdoor dog kennel, or tattoo parlor. d. Uses not otherwise permitted in Section II(C)(1) above. D. GENERAL SITE STANDARDS. 1. SETBACKS. The minimum setback lines from highways, streets, and interior property lines are shown on the Final Plat for Development. 2. BUILDING DESIGN. It is Developer's intent to produce an orderly and aesthetically pleasing environment that is compatible with the natural aspects of Development. The aesthetic appearance of the exterior of the buildings and other structures is of paramount concern to Developer. a. All construction shall conform to the requirements of the City of Waterloo, Black Hawk County, and the State of Iowa Building Code, current editions. Construction shall also conform to the requirements of ASHA and NFPA with regard to life/safety provisions. b. Construction on all Lots shall be diligently pursued and be completed within twelve (12) months of purchase and closing from Developer. In the event construction is not completed in one (1) year, Developer may at its option repurchase the Lot at the previous sale price. No excavation shall be made except in conjunction with construction of an improvement. When such an improvement is completed, all exposed excavations shall be back-filled, graded, and returned, as nearly as possible, to its natural state or to the approved landscape plan for the site. 3. LANDSCAPING. It is the intent to provide a landscape image of continuity and diversity by providing color and textural variety, it is also the intent of these regulations to reduce adverse effects upon a tenant's lot and adjacent and nearby property; to screen unsightly situations, undesirable views, and incompatible land uses; to buffer noise and other disturbing sounds; and to provide for shade, protection from elements, and the comfort and convenience of Development tenants and visitors. Landscape plans and any irrigation plans shall be submitted to and approved by Developer. All ground cover shall be seeded or sodded and be suitable for the Black Hawk County climate. 4. FENCING. The placement of all fences and the design and materials utilized shall be subject to the approval of Developer. 5. SITE GRADING AND DRAINAGE. No water shall be drained or discharged from any Lot, except in accordance with grading plans approved by Developer. Further, no Lot Owner shall interfere with the drainage established by the grading plan for the remainder of Development or any other property adjacent to said Lot. 3 Page 161 of 264 Stormwater shall be collected on-site and discharged in accordance with all federal, state, and local permits into Development stormwater systems. Drainage easements are more particularly shown on the plat of survey. 6. SIGNAGE. All signs shall be approved by Developer prior to construction. The design, format, and material of all signs shall be consistent with building architecture, Lot design, and the City of Waterloo zoning regulations. 7. PARKING, DRIVES, LOADING, AND OUTDOOR STORAGE. a. No Lot Owner shall permit parking on any public street or access drive. Sufficient off-street parking should be developed at each Lot. Developer will request the City of Waterloo to declare that no parking will be allowed on any roadway. Hard surfacing of the parking area shall be required with an all-weather surface at least 5" thick. An adequate number of visitor and handicapped parking spaces shall be provided near the entrance to any building. Parking requirements shall be based in accordance with requirements of the City of Waterloo zoning ordinance. Variances to these parking requirements may be granted only by approval of both Developer and the City of Waterloo, Iowa. However, site space shall be reserved to meet the full parking requirements in the event of changes in building use or commuting patterns. Developer shall also have the ability to require more parking spaces per square foot if the tenants in a building if Developer has good faith rationale for the same. b. Driveways shall be required to be hard surfaced with a material suited to carry load of traffic in and out of building lot. Driveway width shall be a minimum of 22' with a minimum curb return radius of 20'. No driveway approach shall be permitted within 125' (curb to curb) of a street intersection. One curb cut is allowed for every 150', of street pavement frontage, but it may not be located closer than 100' from an adjacent curb cut. No lot shall have more than two curb cuts. All driveways and curb cuts shall be 50' from center of property line and are subject to Developer's approval and City of Waterloo requirements. As per City of Waterloo Standards and Specifications, the material and minimum thickness of driveways are six (6) inches of Portland Cement Concrete or seven and one half (7 '/2)inches of Hot Mix Asphalt. c. Loading docks and other loading facilities will not be permitted to face W. Ridgeway Avenue or Foundation Drive. Provisions must be made for handling all freight on those sides' of a building which do not face a 4 Page 162 of 264 street. All loading docks and refuse collection facilities must be screened from public view in a manner approved by Developer. d. Articles, goods, materials, incinerators, trash bins, storage tanks, or like equipment in the open shall be screened from view in a manner approved by Developer. Said screen shall be in height at least equal to that of the materials or equipment being stored but in any event shall fully shield said materials and equipment from public view and view from adjacent buildings. 8. EXTERIOR LIGHTING. Exterior lighting shall be provided to meet the following guidelines: a. All wiring for exterior lighting, including but not limited to driveway, walkway, area, parking, and decorative lighting, shall be underground. b. All light fixtures shall be oriented such that glare directed onto adjacent properties, including streets and neighboring tenant lots, is minimized. c. Light standards shall be restricted to a maximum height of 20'. Poles should be a neutral, color and compliment the park. d. All lighting installations shall conform to the latest edition of the National Fire Protection Association National Electric Code. e. Each tenant shall maintain all light fixtures in proper operating condition. f. Parking and driveway lights shall be of a style and color consistent with established Park standards and harmonize with the architecture of the proposed building on the Lot. 9. LOCATION OF UTILITY LINES. All utility lines shall be located underground. Whenever possible, utility lines shall be located adjacent to access drives to minimize disruption of landscaping during installation and maintenance of the lines. No utility meter or apparatus shall be located on any pole attached to the outside of any building wall which is exposed to view from any public street. All transformers shall be placed on or below the surface. 10. SUBDIVISION OF LOTS. No Lot in Development shall be split, divided, or subdivided, except: a. For the purpose of providing land in addition to an entire platted Lot for use in connection with a building; or b. Upon the written consent of Developer. 11. DIRECT ACCESS. The Lots shall have the following access: a. Lots 1 and 2 shall access West Ridgeway Avenue through Foundation Drive. b. No direct access to Lot 1 shall be allowed from Highway 63. E. APPROVAL REQUIREMENTS. As set forth herein, all plans, specifications, requests 5 Page 163 of 264 for authority to remodel or alter, or otherwise change the property must be submitted to Developer for approval. No building, sign, landscaping, lighting, or other exterior improvements shall be altered, placed, or erected on any Lot without prior written approval from Developer. Approvals shall be based upon, among other things, conformity and hannony of external designs with neighboring structures, effect of location and use of improvements on neighboring sites; orientation of main elevation with respect to nearby streets; and conformity of plans and specifications to the intent of these Covenants, Conditions, and Restrictions. Developer shall not arbitrarily or unreasonably withhold its action or decision on such plans and specifications. Improvements or alternations to any Lot shall not be commenced prior to compliance with the following two-part review process. 1. CONCEPT DESIGN REVIEW. The objective is to ensure careful site planning with regard to location and size of building, parking, open space, and access. The concept design must be approved by Developer in writing prior to final design. Concept design shall include the following: a. Site plan information such as utility locations and connections, drainage, service areas, outdoor storage, trash receptacles, and mechanical equipment. Other activity or equipment that would alter the natural site must be shown. b. Building elevations, floor plans, and sections. c. Building materials, parking, and open space. d. Landscaping, signage, and lighting. e. Construction staging. 2. FINAL DESIGN REVIEW. Submission to include, but not limited to, the following: a. A topographical and boundary map showing contour grades (with 1' intervals), the species, location, and size (measured 12" above the ground of all existing trees greater than 6" caliper) and the location of all improvements, such as signs, structures, walks, patios, driveways, fences, and walls. Existing and finished grades shall be shown at parcel corners and for proposed improvements. Lot drainage provisions shall be included, as well as cut and fill details, if any applicable change in contours is contemplated. b. Exterior elevations, including areas to be screened. c. Exterior materials, colors, textures, and shapes. d. Landscaping plan, including proposed clearing, walkways, fences, walls, elevation changes, irrigation systems, vegetation, and ground cover. e. Parking area and driveway plan. f. Screening, including size, location, and method. g. Utility routing and connection points. h. Exterior illumination, including location, manufacturer's fixture number, and supporting photometric test data. i. Fire Protection system as required by all NFPA Codes. 6 Page 164 of 264 j. Signs, including copy, size, shape, color, typeface, location, illumination, and materials. Also, elevation and plan view drawings indicating sign and relationship to all other visual elements within 50' of the sign. k. Trash container storage locations and related screening. 1. Proposed use of parcel of land and estimated building occupant load. m. Clearing plan and tree protection plan, plus measures for environmental protection during construction, including the application for the issuance of any required stormwater discharge pen -nits. n. Drainage runoff quantities for 100 -year frequency storm. 3. CONSTRUCTION DOCUMENTS. A copy of all construction documents shall be filed with Developer prior to commencing construction. Five sets of all documents are to be included in each submission for review. All buildings must be designated by a registered architect and all landscape plans by a registered landscape architect. The architect(s) and registered engineer(s) shall be responsible for the safety of structural, mechanical, electrical, and other systems in the improvements. The seal of Iowa registrations of the appropriate architect, engineer, and/or landscape architect must appear on the final drawings. The architect must also submit a statement of his/her signature to the effect that the contract documents have been prepared in accordance with all other applicable codes, ordinances, and regulations related to this particular project. 4. ACTION. All plans shall be approved or disapproved within 30 days of submittal. If Developer or its successors shall fail to approve or disapprove said plans in writing thirty (30) days after their submittal, such plans shall be deemed to be approved. F. MAINTENANCE. Each Lot Owner and occupant (including a tenant) of a Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, keeping that Lot so owned or occupied, including buildings, improvements, private drive, easements areas, and grounds in connection therewith or appurtenant thereto (specifically including parkway area between the Lot line and any adjacent street curb), in a well-maintained, clean, wholesome, and attractive condition at all times and shall comply in all respects with all applicable governmental health, fire and safety statutes, ordinances, regulations or requirements. Maintenance requirements shall include, but are not limited to, the following: 1. TRASH. All rubbish, trash, garbage, litter, refuse, and other waste shall be stored in clean and sanitary solid waste receptacles and shall be promptly removed from Lot prior to its accumulation. 2. EXTERIOR LIGHTING. All exterior lighting and mechanical facilities shall be kept in good working order. 7 Page 165 of 264 3. PARKING AREAS. All parking areas shall be striped and all parking areas, driveways, and roads kept in good repair. 4. EXTERIOR DAMAGE. All exterior damage to any improvements shall be promptly repaired and the exterior of all improvements shall be repainted as needed. 5. LAWN AREAS. All lawn areas shall be timely mowed and edged a minimum of once a week during the growing season as needed to keep an even, well-groomed appearance; shall be watered and fertilized at such times and in such quantities as required to keep the grass alive and attractive; and shall be kept free of weeds. 6. TREES, SHRUBS, PLANTS. All trees, shrubs, plants, and ground covers shall be timely and properly trimmed (including the removal of deadwood therefrom) according to their plant culture and the landscape design shall be watered and fertilized at such times and in such quantities as required to keep them alive and attractive. Any dead tree, shrub, plant, ground cover shall be removed and replaced seasonably. All bed areas shall be free of weeds and cultivated periodically as needed. G. ROADWAYS. Tract A is dedicated to the City of Waterloo Iowa for right-of-way to be known as Foundation Drive. H. SIDEWALKS AND DRIVEWAY APPROACHES. A Portland Cement concrete sidewalk and a hard surfaced driveway approach shall be installed during or immediately after the construction of any improvement on a Lot in the Development along Foundation Drive, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or only sidewalk construction within five (5) years of the transfer of said Lot from the Developer to a Lot Owner, whichever is earlier. Construction of handicap access ramps at the intersections shall be the responsibility of the Developer or adjacent Lot owner. I. ENFORCEMENT. If any party shall violate or attempt to violate any of the Covenants, Conditions or Restrictions contained herein, it shall be lawful for Developer or any Lot Owner to prosecute a proceeding in law or in equity against the person or persons violating or attempting to violate such Covenants, Conditions or Restrictions, and to either prevent him or them from so doing or recover damages for such violations. J. WAIVER. Neither the Developer nor its successors or assigns shall be liable to any Lot Owner or occupant of any Lot by reason of any mistake in judgment, negligence, nonfeasance, action, or inaction or for the enforcement or failure to enforce any provision of this instrument. Every Lot Owner or occupant of any Lot by acquiring its interest therein agrees that it will not bring any action or suit against Developer to recover any such damages or seek equitable relief because of the same. 8 Page 166 of 264 K. VARIANCES. Developer may grant Lot Owner a variance from these Covenants, Conditions, and Restrictions as long as the general purpose of the Covenants, Conditions, and Restrictions are maintained. Any variance granted from the provisions of these Covenants, Conditions, and Restrictions shall only be applicable to the specific Lot and conditions for which the variance was granted and shall in no respect constitute a change in or effect the terms or conditions set out in the standards as same apply to other Lots or conditions. L. MODIFICATION. The Covenants, Conditions, and Restrictions, and provisions of this instrument shall be deemed covenants running with the land, and shall remain in full force and effect for a period of 21 years from the date of filing of said plat, unless extended as provided by law. However, Owner has the right to amend said Covenants, Conditions, and Restrictions at any time during which Developer has an ownership interest in any Lot in Development. M. SUCCESSOR TO DEVELOPER. Owner shall have the right to assign its rights as Developer under the Covenants, Conditions, and Restrictions, and said successor shall assume the responsibility of Developer as set forth herein. Thereafter, Owner shall have no further responsibility hereunder. N. MISCELLANEOUS. 1. SEVERABILITY. If any term or provision of this instrument or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this instrument or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable. 2. FURTHER ACTIONS. The parties agree to execute and deliver from time to time hereafter any and all such further documents and to take such further actions as shall be reasonably necessary to carry out the transactions contemplated by this instrument. 3. GOVERNING LAW. The validity, interpretation, performance and enforcement of this instrument shall be governed by the laws of Iowa. Each of the parties consents to the jurisdiction of the federal and state courts in Iowa in all matters relating to this instrument. The prevailing party in any action to enforce this instrument shall be entitled to reasonable attorney fees and costs. IN WITNESS WHEREOF, the undersigned, being Owner herein, has hereunto set its hand as of the day and year first above written. 9 Page 167 of 264 BCS Properties, L.L.C. By: Brent Dahlstrom Its: Manager GAC Real Estate, LLC By: George A. Cooley Its: Manager STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This record was acknowledged before me on this day of , 2019, by Brent Dahlstrom, as Manager of BCS Properties, L.L.C. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This record was acknowledged before me on this day of , 2019, by George A. Cooley, as Manager of GAC Real Estate, LLC. Notary Public 10 Page 168 of 264 CITY OF WATERLOO Council Communication Resolution amending the Professional Services Agreement with Nutri-Ject Systems Inc., of Hudson, Iowa, to extend the contract for a term of five (5) years, in conjunction with the biosolids management, storage and land application, with no increase to the current contract rate, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/14/2019 Prepared: 10/7/2019 REVIEWERS: Waste V\�a to LVV anage,,n"V"Vent Clerk Office ATTACHMENTS: Description D Memo to Water! p1" D Analysis Cass A.A. D N utu i...Je t Contract D G `O1 SUBJECT: Submitted by: Recommended Action: Source of Funds: Reviewer bowman, br Elven, p.FeAnnn an p t'ity t'aauunc-up Action A pp roved A pp ro ved Type C'aDver Men'no ckun:p Material up Material u Material Date 110/8/2( ... :41 AM 0/9/2019 ... 9:34 AM Resolution amending the Professional Services Agreement with Nutri-Ject Systems Inc., of Hudson, Iowa, to extend the contract for a term of five (5) years, in conjunction with the biosolids management, storage and land application, with no increase to the current contract rate, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Brian Bowman Treatment Operations Supervisor Requesting Council approval to extend the Contact with Nutri ject systems inc. of Hudson is biosolids Management Storage and Land Application with no rate increased. Sewer Fund Page 169 of 264 11J1IU1111)), ,ta October 7, 2019 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Memo to Waterloo Mayor and City Council: RE: Biosolids Management, Storage and Land Application Contract with Nutri-Ject Systems Inc. Background Discussion Nutri-Ject and the City of Waterloo, Waste Management Services, are entering into the 20th year of contract services for Bio solids Management, Storage and Land Application. Nutri-Ject has been a valuable partner all these contract years for Waste Management Services. Nutri-Ject handles all Bio solids Reporting, Storage and Land Application. Recommended Action With no increases in our present contract rate for the new (5) year term commencing from approval of contract through 2024 it is recommended approval of this contract. Page 170 of 264 •�D�ly, •e urori s olooloolla '11111111 1111111111111111111111 1111111111111111111111 VII LINKS Review your project results through Total Access ,y,v innni ii.;!!NlllUliiill0lppliii(iii)llU1i!illlulplprtllllllq'' Visit us at: '�"u"'vtiP'4h� te�atar1rVericagnc,.�", rtl'r vi 11, m nca ANALYTICAL REPORT Eurofins TestAmerica, Cedar Falls 3019 Venture Way Cedar Falls, IA 50613 Tel: (319)277-2401 1....albou• tory JoIb IIIIJ 310,,.162959.....1 Client Project/Site: Dry Cake salt° Nutri-Ject Systems Inc PO BOX 398 Hudson, Iowa 50643 Attn: Scott Wienands Authorized for release by: 9/4/2019 2:44:22 PM Shirley Thompson, Senior Project Manager (319)277-2401 sh ety,V:II.no ipson( teV:arn uu� 1 This report has been electronically signed and authorized by the signatory. Electronic signature is intended to be the legally binding equivalent of a traditionally handwritten signature. Results relate only to the items tested and the sample(s) as received by the laboratory. Page 171 of 264 Case Narrative Client: Nutri-Ject Systems Inc Job ID: 310-162959-1 Project/Site: Dry Cake Job ID: 310-162959-1 Laboratory: Eurofins TestAmerica, Cedar Falls Narrative Job Narrative 310-162959-1 Comments No additional comments. Receipt The samples were received on 8/21/2019 12:45 PM; the samples arrived in good condition, properly preserved and, where required, on ice. The temperature of the cooler at receipt was 2.6° C. HPLC/IC No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Metals No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. General Chemistry No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Biology No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Page 2 of 9 Eurofins TestArperi a, �24ar I , page e -+�� Sample Summary Client: Nutri-Ject Systems Inc Project/Site: Dry Cake Job ID: 310-162959-1 Lab Sample ID Client Sample ID Matrix Collected Received Asset ID 310-162959-1 310-162959-2 310-162959-3 310-162959-4 310-162959-5 310-162959-6 310-162959-7 310-162959-8 310-162959-9 WI #1 WI #2 WI #3 WI #4 WI #5 WI #6 WI #7 WI #8 Geomean Sludge Sludge Sludge Sludge Sludge Sludge Sludge Sludge Sludge 08/21/19 09:30 08/21/19 09:35 08/21/19 09:40 08/21/19 09:42 08/21/19 09:45 08/21/19 09:50 08/21/19 10:00 08/21/19 10:15 08/21/19 00:00 08/21/19 12:45 08/21/19 12:45 08/21/19 12:45 08/21/19 12:45 08/21/19 12:45 08/21/19 12:45 08/21/19 12:45 08/21/19 12:45 08/21/19 12:45 Eurofins TestAmerica, Cedar Falls Page 3 of 9 Page 172414264 Client Sample Results Client: Nutri-Ject Systems Inc Project/Site: Dry Cake Job ID: 310-162959-1 Client Sample ID: WI #1 Date Collected: 08/21/19 09:30 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-1 Matrix: Sludge Percent Solids: 13.6 Method: SM 9222D - Coliforms, Fecal (Membrane Filter) Analyte Result Qualifier RL RL Unit Coliform, Fecal <7580 7580 cfu/g D Analyzed 08/21/19 15:25 Dil Fac Analyst 10 JWG Client Sample ID: WI #2 Date Collected: 08/21/19 09:35 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-2 Matrix: Sludge Percent Solids: 13.6 Method: SM 9222D - Coliforms, Fecal (Membrane Filter) Analyte Result Qualifier RL RL Unit Coliform, Fecal <7780 7780 cfu/g D Analyzed • 08/21/19 15:25 Dil Fac Analyst 10 JWG Client Sample ID: WI #3 Date Collected: 08/21/19 09:40 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-3 Matrix: Sludge Percent Solids: 14.2 Method: SM 9222D - Coliforms, Fecal (Membrane Filter) Analyte Result Qualifier RL RL Unit Coliform, Fecal <7400 7400 cfu/g D Analyzed 0- 08/21/19 15:25 Dil Fac Analyst 10 JWG Client Sample ID: WI #4 Date Collected: 08/21/19 09:42 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-4 Matrix: Sludge Percent Solids: 13.7 Method: SM 9222D - Coliforms, Fecal (Membrane Filter) Analyte Result Qualifier RL RL Unit Coliform, Fecal <7550 7550 cfu/g D Analyzed D 08/21/19 15:25 Dil Fac Analyst 10 JWG Client Sample ID: WI #5 Date Collected: 08/21/19 09:45 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-5 Matrix: Sludge Percent Solids: 14.0 Method: SM 9222D - Coliforms, Fecal (Membrane Filter) Analyte Result Qualifier RL RL Unit Coliform, Fecal <7770 7770 cfu/g D Analyzed # 08/21/1915:25 Dil Fac Analyst 10 JWG Client Sample ID: WI #6 Date Collected: 08/21/19 09:50 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-6 Matrix: Sludge Percent Solids: 14.0 Method: SM 9222D - Coliforms, Fecal (Membrane Filter) Analyte Result Qualifier RL RL Unit Coliform, Fecal <7340 7340 cfu/g D Analyzed ▪ 08/21/19 15:25 Dil Fac Analyst 10 JWG Client Sample ID: WI #7 Date Collected: 08/21/19 10:00 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-7 Matrix: Sludge Percent Solids: 14.0 Method: SM 9222D - Coliforms, Fecal (Membrane Filter) Analyte Result Qualifier RL RL Unit Coliform, Fecal <7540 7540 cfu/g D Analyzed ▪ 08/21/19 15:25 Dil Fac Analyst 10 JWG Eurofins TestAmerica, Cedar Falls Page 4 of 9 Page 179V414264 Client Sample Results Client: Nutri-Ject Systems Inc Project/Site: Dry Cake Job ID: 310-162959-1 Client Sample ID: WI #8 Date Collected: 08/21/19 10:15 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-8 Matrix: Sludge Percent Solids: 14.4 Method: 9056A - Anions, Ion Chromatography - Soluble Analyte Result Qualifier RL MDL Unit D Analyzed Dil Fac Analyst Nitrate as N Method: 6010C - Metals (ICP) Analyte <66.3 Result Qualifier 66.3 RL mg/Kg MDL Unit Arsenic Cadmium Copper Lead Molybdenum Nickel Potassium Selenium Zinc <11.4 <2.84 789 31.1 16.6 32.0 1470 <14.2 1290 Method: 7471B - Mercury (CVAA) Analyte Result Qualifier 11.4 2.84 2.84 14.2 7.10 7.10 142 14.2 14.2 RL mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg MDL Unit # 08/29/19 01:33 10 SAD D Analyzed Dil Fac Analyst 0 09/03/19 17:24 1 CTB O 09/03/19 17:24 1 CTB • 09/04/19 13:54 1 CTB .X 09/03/19 17:24 1 CTB 09/03/19 17:24 1 CTB 0 09/03/19 17:24 1 CTB O 09/03/19 17:24 1 CTB ▪ 09/03/19 17:24 1 CTB O 09/03/19 17:24 1 CTB D Analyzed Dil Fac Analyst Mercury General Chemistry Analyte 0.307 Result Qualifier 0.130 RL mg/Kg MDL Unit O 08/23/19 15:30 1 ACJ D Analyzed Dil Fac Analyst Ammonia Nitrogen, Kjeldahl Total Phosphorus as P 6290 58900 21400 Analyte Result Qualifier 326 13800 682 RL mg/Kg mg/Kg mg/Kg RL Unit '0 08/29/19 11:25 1 LBB O 08/27/19 21:19 10 JMH O 08/22/19 20:10 10 JMH Total Solids 13.8 Total Volatile Solids 69.8 General Chemistry - Soluble Analyte Result Qualifier 0.100 0.0100 RL Ok Ok RL Unit D Analyzed Dil Fac Analyst 08/21/19 15:36 1 SAS 08/21/19 15:36 1 SAS D Analyzed Dil Fac Analyst pH 8.6 HF 0.1 SU 08/22/19 14:29 1 WJF Client Sample ID: Geomean Date Collected: 08/21/19 00:00 Date Received: 08/21/19 12:45 Lab Sample ID: 310-162959-9 Matrix: Sludge Method: SM 9222D - Coliforms, Fecal (Membrane Filter) Analyte Result Qualifier RL RL Unit D Analyzed Dil Fac Analyst Fecal Coliform (Geometric Mean) <7564 cfu/g 08/21/1915:25 1 JWG Eurofins TestAmerica, Cedar Falls Page 5 of 9 Page 171414264 Accreditation/Certification and Definitions Summary Client: Nutri-Ject Systems Inc Job ID: 310-162959-1 Project/Site: Dry Cake Laboratory: Eurofins TestAmerica, Cedar Falls Unless otherwise noted, all analytes for this laboratory were covered under each accreditation/certification below. Authority Program Identification Number Expiration Date Iowa State Program 007 12-01-19 The following analytes are included in this report, but accreditation/certification is not offered by the governing authority: Analysis Method Prep Method Matrix Analyte Moisture Sludge Percent Moisture Moisture Sludge Percent Solids Qualifiers General Chemistry Qualifier Qualifier Description HF Field parameter with a holding time of 15 minutes. Test performed by laboratory at client's request. Glossary Abbreviation These commonly used abbreviations may or may not be present in this report. p Listed under the "D" column to designate that the result is reported on a dry weight basis %R Percent Recovery CFL Contains Free Liquid CNF Contains No Free Liquid DER Duplicate Error Ratio (normalized absolute difference) Dil Fac Dilution Factor DL Detection Limit (DoD/DOE) DL, RA, RE, IN Indicates a Dilution, Re -analysis, Re -extraction, or additional Initial metals/anion analysis of the sample DLC Decision Level Concentration (Radiochemistry) EDL Estimated Detection Limit (Dioxin) LOD Limit of Detection (DoD/DOE) LOQ Limit of Quantitation (DoD/DOE) MDA Minimum Detectable Activity (Radiochemistry) MDC Minimum Detectable Concentration (Radiochemistry) MDL Method Detection Limit ML Minimum Level (Dioxin) NC Not Calculated ND Not Detected at the reporting limit (or MDL or EDL if shown) PQL Practical Quantitation Limit QC Quality Control RER Relative Error Ratio (Radiochemistry) RL Reporting Limit or Requested Limit (Radiochemistry) RPD Relative Percent Difference, a measure of the relative difference between two points TEF Toxicity Equivalent Factor (Dioxin) TEQ Toxicity Equivalent Quotient (Dioxin) Page 6 of 9 Eurofins TestArperi a, I �ar , page 1+�!' Method Summary Client: Nutri-Ject Systems Inc Project/Site: Dry Cake Job ID: 310-162959-1 Method Method Description Protocol Laboratory 9056A 6010C 7471B 350.1 351.2 365.1 9045D Moisture SM 2540G SM 9222D 3050B 351.2 365.2/365.3/365 7471B DI Leach Distill/Ammonia Anions, Ion Chromatography Metals (ICP) Mercury (CVAA) Nitrogen, Ammonia Nitrogen, Total Kjeldahl Phosphorus, Total pH Percent Moisture Total, Fixed, and Volatile Solids Coliforms, Fecal (Membrane Filter) Preparation, Metals Nitrogen, Total Kjeldahl Phosphorus, Total Preparation, Mercury Deionized Water Leaching Procedure Distillation, Ammonia SW846 TAL CF SW846 TAL CF SW846 TAL CF MCAWW TAL CF MCAWW TAL CF EPA TALCF SW846 TAL CF EPA TALCF SM TAL CF SM TAL CF SW846 TAL CF MCAWW TAL CF MCAWW TAL CF SW846 TAL CF ASTM TALCF None TAL CF Protocol References: ASTM = ASTM International EPA = US Environmental Protection Agency MCAWW = "Methods For Chemical Analysis Of Water And Wastes", EPA -600/4-79-020, March 1983 And Subsequent Revisions. None = None SM = "Standard Methods For The Examination Of Water And Wastewater" SW846 = "Test Methods For Evaluating Solid Waste, Physical/Chemical Methods", Third Edition, November 1986 And Its Updates. Laboratory References: TAL CF = Eurofins TestAmerica, Cedar Falls, 3019 Venture Way, Cedar Falls, IA 50613, TEL (319)277-2401 Eurofins TestAmerica, Cedar Falls Page 7 of 9 Page 1704/4264 eurofins Environment Testing „stAmerica 1111)1111111111111111111 Cooler/Sample Receipt and Temperature Log Form ClientInformatlon Client: CITY STATE City/State: o4-4e—...„.oc. Project c • Rece t InformaUon Date/Time Received: DATE TME Received B * Delivery Type: 0 UPS E FedEx El FedEx Ground LI Lab Courier J Lab Field Services 0 -Client Drop-off 0 US Mail [1] Spee -Dee 0 Other: Condition of Cooler/Containers Sample(s) received in Cooler? Q Yes No If yes: Cooler ID: Multiple Coolers? EJ Yes E2 No If yes: Cooler # of Cooler Custody Seals Present? Yes 0 No If yes: Cooler custody seals intact? 0 Yes No Sample Custody Seals Present? Yes No If yes: Sample custody seals intact?0 Yes No Trip Blank Present? Yes EjJ-No If yes: Which VOA samples are in cooler? .1 Tem. :rature Record Coolant: D -Wet ice Blue ice D Dry ice D Other: 0 NONE ......_ Thermometer ID: Correction Factor (°C): ..1_ / • Tem • Blank Tem' rature — If no tern. blank, or temp blank temperature above criteria, proceed to Sam .le Container Temperature Uncorrected Temp (°C): 2 , Corrected Temp (°C): 2, 1 'Sam•Ie Contalner Tem erature Container(s) used: CONTAINER 1 CONTAINER 2 Uncorrected Temp (0C): ._ Corrected Temp (°C): Exceptions Noted 1) f temperature exceeds criteria, was sample(s) received same day of sampling? D Yes No a) //ryes: Is there evidence that the chilling process began? El Yes D No If temperature is <0°C, are there obvious signs that the integrity of sample containers is compromised? (e.g., bulging septa, broken/cracked bottles, frozen solid?) El Yes Ej No NOTE: If es, contact PM before roceedin • no, aroceed with lo in Additional Comments _.._ .__ Document: CF -LG -WI -002 Revision: 25 Date: 06/17/2019 Eurofins TestAmerica, Cedar Falls Page 8 of 9 General temperature criteria is 0 to 6°C Bacteria temperature criteria is 0 to 10°C Page 17424 iJodei q:o.m 00 pL,,es swrsErd x ..„1 ' _ siH unsal icui--.7.4 _ !VI PJET1-124. .'. 'E. ! 2 1 f. E0 15-111.40 I.Vii Hsn sselo) LLIJOn00 Eedad 4sei \dnos < SAi `sp!los !Eloi 1-0 1 4, I 4—.1 1 S,!e:i v ' d de puB1 £09 ..laienm..lois: .pacIG Jer.40 ... ... ... 15:'S ab11 prTE, ..ral.em fiu!>IL.4.10 .J4D4ENC4SE..'h, - JeWAfiplinoie ...,. ..„ .. (4jp9ris; Je ,_ IGq ,r1";IPIdAA >I 4(J. OJON ' (rac4E71 (31!LIM ii" (I',011eI,../I3FIFIE)°,3?"1 iKlErl a4NAA 'P mcIlle.A.) I)Iseld '0 SH (EE }i4/! 11 06I/EIO ) HOe (:1Erl aINAri Yi I.41 -11G.) OH (lage7 *114/0 1? P=,,Ii)'ONH Pe10411-i P71. IT '53 9!godwo- f2 pecidNs sJeupR4upo Jo # -- ......„ ,..... 0 _,— "tii 0 :),.. Q,,, ci- ,zs.,- ,) 0 pel dwes G4ec ..,•z, E o , F ...,i,' :71 o ,... cri . 02 0 0 a; CT) 0 17 4c2t4 AGREEMENT BETWEEN THE CITY OF WATERLOO, IOWA AND NUTRI-JECT SYSTEMS, INC. FOR BIOSOLIDS PROFESSIONAL MANAGEMENT PROGRAM THIS AGREEMENT (the Agreement), dated for reference purposes the day of , 2019, by and between the City of Waterloo, a municipal corporation located in the County of Black Hawk, State of Iowa (Owner), and Nutri-Ject Systems, Inc., an Iowa corporation with its principal place of business at 515 5th Street, Hudson, Iowa (NJS). WHEREAS, Owner owns the by-product biosolids as defined in Attachment A and more specifically listed in Attachment B, incorporated herein by reference (the Biosolids), produced at the Waste Management Services Plant); and WHEREAS, Owner has the authority under the laws of the State of Iowa (the State) and desires to enter into a professional services contract for the management of the Biosolids produced by Owner; and WHEREAS, NJS is experienced in and capable of supplying professional management services to Owner; and WHEREAS, Owner desires to engage NJS to act as its independent professional Biosolids management firm in the hauling, storage, and land application of all Biosolids produced and stored. NOW, THEREFORE, in consideration of the mutual agreements herein contained, and subject to the terms and conditions herein stated, the parties agree as follows: SECTION 1. PURPOSE. During the Term of this Agreement, Owner agrees to engage NJS as an independent professional Biosolids management firm to haul, store, and land -apply Biosolids produced by Owner (the Program). Each party hereto agrees that it will cooperate in good faith with the other party, its agents and subcontractors, to facilitate the performance of mutual obligations set forth in this Agreement. SECTION 2. SCOPE OF SERVICES. The scope of services to be provided by NJS under this Agreement will include the management, equipment, testing, recordkeeping, storage facilities, labor, and land -application of the Biosolids to the extent set forth in Attachment A-1 (Scope of Services). 1 Page 180 of 264 pertains to Biosolids, as well as all recordkeeping which is necessary to meet the Class I or II analytical requirements. Laboratory procedures and analysis shall conform to the then current edition of Standard Methods for the Examination of Water and Wastewater or be in accordance with testing requirements of the NPDES permit as they pertain to the Biosolids. NJS shall deliver and certify such results to Owner and assist Owner in submitting such results to all required regulatory agencies. Owner has the right to conduct split sampling and laboratory analysis at any time for any reason. SECTION 6. TECHNICAL SUPPORT. NJS shall provide on-call expertise in Biosolids operations, maintenance, and management as deemed necessary by Owner to ensure performance of Owner's obligations under this Agreement. SECTION 7. STAFFING. 7.1. NJS shall provide an experienced manager with skills to include OSHA compliance, personnel administration, Biosolids treatment, management, land application, transportation, public relations and communications necessary for the management, operation, maintenance, and repair of equipment and manpower. NJS shall also provide personnel with CDL licenses equal to or greater than the level required by the State of Iowa. 7.2. NJS is located in Hudson, IA with 95% of its employees residing in Black Hawk County. NJS will use its best efforts to provide the services required by the Scope of Services by NJS employees residing in Black Hawk County. 7.3. NJS shall make every reasonable effort to employ minority subcontractor(s) to supplement operations during peak project requirements. 7.4 On or before the date services are to commence under this Agreement, NJS shall designate an authorized representative to administer this Agreement. SECTION 8. TRAINING. NJS shall implement a training Program with both classroom and field training for all NJS and Owner staff associated with the operation, maintenance and disposal of Biosolids. The training shall include equipment operation, process management, maintenance and repair, regulations, first aid, safety, emergency response, hazardous material handling, and right -to -know laws. Representatives of Owner may attend training sessions upon Owner's request. SECTION 9. SECURITY. NJS shall secure its assigned sections of the Waste Management Services Plant and NJS storage site within the limits of existing security devices. Any losses or other liabilities resulting from theft, damage, or unauthorized use of Owner's property that was properly secured within the limits of the existing security devices shall be borne by Owner unless such losses arise from NJS's failure to secure the Waste Management Services Plant. 3 Page 181 of 264 13.4. NJS shall be responsible for all damage to City -owned property. SECTION 14. HEALTH AND SAFETY STANDARDS. It shall be NJS's responsibility during the Term to maintain a safety and accident prevention program that exceeds the requirements of federal, state, and local codes, and of all other authorities having jurisdiction over this work. The Administrative Code of the Iowa Division of Labor Services, as well as the Safety and Health regulations for construction as issued by the Secretary of Labor under the Occupational Safety and Health Act of 1970, 40 U.S.C. 327 et seq, (OSHA), shall be complied with where applicable to the work. NJS shall comply with the treatment plant safety requirements, as well as any other plant health and safety requirements, while on the plant site. SECTION 15. SANITARY FACILITIES. NJS may use the toilet facilities at the Waste Management Services Plant. If regulatory agencies require NJS to have other sanitary facilities, it shall be NJS's responsibility to provide these facilities. SECTION 16. ADMINISTRATIVE FACILITIES. If regulatory agencies require NJS to have other facilities, it shall be NJS's responsibility to provide these facilities. SECTION 17. This section intentionally left blank. SECTION 18. RESTORATION OF SURFACE. All surfaces at the Waste Management Services Plant which have been disturbed by NJS in the performance of its work must be restored within 30 days by NJS to the condition in which they were found prior to the beginning of the work, reasonable wear excluded. SECTION 19. CLEANING UP WORK. NJS shall at all times keep the loading bays and all storage and land application sites, including all public and private property involved in, or adjacent to the work, free from any rubbish, surplus, or loose materials that have been deposited by its employees, or which have accumulated as a result of the work. NJS shall be responsible for the removal of any spillage on public or private property, including property along any transportation route. SECTION 20. DUST CONTROL. NJS shall take necessary measures to control dust and other nuisances generated by its operations. SECTION 21. VECTOR CONTROL. NJS shall take necessary measures to minimize the presence of vectors such as flies, mosquitoes, and rats at the Biosolids Storage Facility and Sites. SECTION 22. COMMUNICATIONS. NJS shall develop and submit to Owner for approval a communications, publicity, and community relations program in order to keep Owner informed about the Biosolids management Program within the first 120 days of the contract period. NJS shall prepare written summaries of all formal meetings with Owner and provide Owner with a copy. 5 Page 182 of 264 responsible for all costs, including, but not limited to, obtaining and maintaining all necessary permits and licenses and for payment of all fees required for ownership and operation of the Storage Facility and Sites, transportation and land application of the Biosolids, and equipment used by NJS in connection with this Agreement. (2) It is understood by both parties to this Agreement that NPDES permit No. 0790001 was issued April 1, 2016. This Agreement is based on current loadings information as furnished by Owner. Changes in the Scope of Services or Base Compensation due to changes in Biosolids production requirements and conditions will be subject to mutual agreement of the parties. 28.3. Compliance With Laws. Owner shall comply with all applicable local, state, and federal laws, codes, ordinances, and regulations as they pertain to the Waste Management Services Plant. NJS shall comply with all applicable local, state, and federal laws, codes, ordinances, and regulations as they pertain to the Storage Facility and Sites and NJS's performance under this Agreement. 28.4. Taxes. Owner shall be responsible for all real estate and property taxes, utility, excise, and sales taxes for the Waste Management Services Plant. NJS shall be responsible for all real estate and property taxes, utility, excise, and sales taxes for the Storage Facility and Sites and NJS's performance under this Agreement. 28.5. Support. Owner shall permit NJS to use, without charge, all of the dewatered Biosolids conveyance equipment, structures, and facilities at the Waste Management Services Plant. NJS shall not operate the Biosolids dewatering equipment. Owner shall provide NJS with all information necessary to operate and manage the Biosolids Program. 28.6. Payment Of Invoices. Owner shall be responsible for promptly paying all amounts due NJS under this Agreement. Upon presentation of invoices by NJS, all payments including Base Compensation and other compensation shall be due and payable within thirty (30) days of invoice or a late penalty, defined in the Compensation section of this Agreement, may apply. NJS shall invoice Owner no more frequently than monthly. If Owner in good faith disputes any portion of any invoice, Owner shall timely pay the undisputed portion thereof. The parties shall cooperate with diligence to resolve any disputes, and Owner shall not be assessed a late penalty for any payment made on a disputed charge after the due date. 28.7. Notice of Litigation. In the event that Owner or NJS has or receives notice of or undertakes the prosecution of any actions, claims, suits, administrative or arbitration proceedings, or investigations in connection with this Agreement, the party receiving such notice or undertaking such prosecution shall, as soon as practicable, give the other party notice of such proceedings and will inform the other party in advance of all hearings regarding such proceedings as such hearings may apply to NJS under this Agreement. 7 Page 183 of 264 30.3. Notwithstanding the foregoing, if the Event of Default results in Owner being in violation of the NPDES Permit or the Consent Decree, Owner may terminate this Agreement immediately. SECTION 31. ASSIGNMENT OF LEASES AND AGREEMENTS. NJS shall provide Owner with copies of all leases and other agreements to which NJS is a party relating to the performance of this Agreement. Upon termination of this Agreement, NJS shall assign to Owner such leases and other agreements as Owner shall require. SECTION 32. COMPENSATION. 32.1. Base Compensation. (1) Owner shall pay NJS as compensation (Base Compensation) for labor, equipment, materials, testing, monthly storage and supplies and the services performed pursuant to this Agreement the sum of $4,900.00 per month during the Term with adjustments, if any, as specified hereafter. (2) The Base Compensation is for the operation and maintenance of the Program at the production levels and characteristics existing at the commencement of this Agreement as designated in Attachment B (the Existing Conditions). 32.2. Biosolids Transportation And Application Fees. (1) In addition to the Base Compensation, Owner shall pay NJS "per wet ton" fees for Biosolids transportation and land application, based on scale slips from a mutually agreed upon scale site. Owner shall pay $18.32 per wet ton, as supported by scale slips. (2) During the Term, the Program budget will be reviewed as requested by NJS, but no more frequently than annually, to consider an increase or decrease in the "per wet ton" fee based upon the national CCI (Construction Cost Index) as published by American City & County magazine (wwwarnericancit an county.pom). Any fee adjustment shall be set forth in a separate addendum to this Agreement, which may take the form of a letter from NJS to Owner that is countersigned by Owner. Once the new budget has been adopted, an appropriate adjustment may be made in the Biosolids transportation and application fee compensation. SECTION 33. OTHER COST AND EXPENSES. 33.1. NJS shall pay all expenses required for the normal and routine management, operation, rent and maintenance of the Storage Facility and Sites and equipment including, but not limited to: personnel costs, fuels, chemicals, repairs due to NJS negligence or damage, laboratory analysis and expendable supplies. 9 Page 184 of 264 such equipment as NJS may keep on or about the Waste Management Services Plant for use in providing the Program services described herein, with minimum coverage of $500,000 annual aggregate. NJS shall be named as an additional insured according to its interest under such coverage during the Term of this Agreement. SECTION 38. RELATIONSHIP. The relationship of NJS to Owner is that of independent contractor and not one of employment. None of the employees or agents of NJS shall be considered employees of Owner. SECTION 39. NONDISCRIMINATION. In performing under this Agreement, NJS shall not discriminate against any person because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability or any other basis proscribed by applicable law or ordinance. SECTION 40. ENTIRE AGREEMENT; AMENDMENTS. This Agreement, including exhibits and attachments hereto, contains the entire Agreement between Owner and NJS and supersedes all prior or contemporaneous communications, representations, understandings, or agreements. This Agreement may be modified only by a written amendment signed by both parties. SECTION 41. HEADINGS, ATTACHMENTS, AND EXHIBITS. The headings contained in this Agreement are for reference only and shall not in any way affect the meaning or interpretation of this Agreement. The Attachments to this Agreement shall be construed as an integral part of this Agreement. SECTION 42. WAIVER. The failure on the part of either party to enforce its rights as to any provision of this Agreement shall not be construed as a waiver of any of its other rights. SECTION 43. ASSIGNMENT. This Agreement shall not be assigned by either party without the prior written consent of the other party. SECTION 44. ACCESS AND INSPECTION BY OWNER. Owner shall have the right at all times to inspect NJS's Facilities and equipment. An NJS representative shall be notified prior to and permitted to observe the inspection. NJS shall provide Owner with access, during normal business hours and upon reasonable prior notice, to NJS's financial and operating records related to this Agreement for the purpose of auditing costs or verifying NJS's performance under this Agreement. SECTION 45. FORCE MAJEURE. A party's performance under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of actions due to causes beyond its reasonable control such as, but not limited to, acts of God, the acts of civil or military authority, loss of potable water source, floods, quarantine restrictions, riots, strikes, commercial impossibility, fires, and other circumstances reasonably beyond the control of the party obligated to perform, whether such other causes are related or unrelated, similar or dissimilar, to any of the foregoing. In the 11 Page 185 of 264 CITY OF WATERLOO, IOWA NUTRI-JECT SYSTEMS, INC. By: By: Quentin Hart, Mayor Scott Wienands, President Attest: Bv. Kelly Felchle, City Clerk 13 Page 186 of 264 ATTACHMENT A DEFINITIONS Abnormal or Biologically Toxic Material: Any substance or combination of substances contained in the Biosolids in sufficiently high concentrations so as to interfere with the biological or physical/chemical processes necessary to, at the minimum, meet the requirements of Class II Biosolids as described in Chapter 67 of the Iowa Administrative Code or other requirements of Owner's NPDES permit, or to create process residues, or other material classified as a hazardous waste under RCRA or cause a situation or an environmental hazard to humans limiting the ability to operate and maintain the Biosolids Program. Abnormal or Biologically Toxic Materials include, but are not limited, to heavy metals, phenols, cyanides, pesticides, or herbicides, priority pollutants as listed by USEPA or any substance that violates the local USEPA/IDNR Biosolids and/or land application standards or other portions of any applicable Sewer Use Ordinance only as it relates to the quality of the Biosolids. Best Management Possible: Operating in a manner that meets or exceeds all state and Federal regulations and is in line with the recommended practices of the National Biosolids Partnership, Water Environment Federation, and National Association of Clean Water Agencies. These practices may include practices similar to these examples: limiting land application of Biosolids to slopes no greater than 5 percent slopes, limiting land application of Biosolids to soil types which are classified as acceptable within the top 5 feet of soil profile, covering haul trucks when they contain Biosolids, maintaining buffers of at least 35 feet for land application of Biosolids from open waterways. These practices will also extend to the record keeping, sampling, and documentation of the land application activities and the land included in the program. 15 Page 187 of 264 12. NJS shall conduct their operation to incorporate Best Management Practices for Biosolids hauling, storage, and land application and not merely meet legal limits. 17 Page 188 of 264 ATTACHMENT B-1 ANALYTICAL REPORT 19 Page 189 of 264 ATTACHMENT D INSURANCE CERTIFICATE 21 Page 190 of 264 23 Page 191 of 264 Page 192 of 264 A �® CERTIFICATE OF LIABILITY INSURANCE DATE 09/05 09/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-247-7756 Holmes Murphy & Assoc — WDM PO Box 9207 Des Moines, IA 50306-9207 CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: STARR IND & LIAB CO 38318 INSURED Nutri -Jett Systems, Inc. PO Box 398 Hudson, IA 50643 INSURERB: EMPLOYERS MUT CAS CO 21415 INSURER CCAPITOL SPECIALTY INS CORP 10328 INSURERD: CAROLINA CAS INS CO 10510 INSURER E: $ 50,000 INSURER F : COVERAGES CERTIFICATE NUMBER: 57136931 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRLTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 1000065401191 02/19/19 02/19/20 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 X BI/PD Ded: $2,500 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE POLICY X LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS 5E43231 02/19/19 02/19/20 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EX2019066401 02/19/19 02/19/20 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A CCWC279802 02/19/19 02/19/20 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Contractors Pollution 1000065401191 02/19/19 02/19/20 Each Claim 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured (GL): City of Waterloo, IA as required by written contract, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St Waterloo, IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE `'� D 7. ,9jp} 2 y - ACORD 25 (2014/01) ktornbergwdsm 57136931 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 193 of 264 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 2 to a Professional Services Agreement with AECOM Inc., originally executed September 8, 2015, in the amount of $80,000, in conjunction with assisting the Waste Management Services Department with sanitary sewer related projects, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Waste V\�a to LVV anagti',,n"V"Vent Clerk Office ATTACHMENTS: Description D S uppienwnta1 Ay eon: SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer bowman, b°dn Elven, L,eAnn nQ No 2 AECOM. Action Approved Approved Type Cove Men'➢o Date 10/9/201.9 ...11 :23 .AM 10/9/2019 ... 1i :38 AM. Resolution approving Supplemental Agreement No. 2 to a Professional Services Agreement with AECOM Inc., originally executed September 8, 2015, in the amount of $80,000, in conjunction with assisting the Waste Management Services Department with sanitary sewer related projects, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve the agreement for Planning and Engineering Services with AECOM in the amount of $ 80,000 $ 80,000 sewer funds Page 194 of 264 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com PLANNING AND ENGINEERING SERVICES CITY OF WATERLOO, IOWA SUPPLEMENTAL AGREEMENT NO. 2 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa (Client), and AECOM Technical Services, Inc. (ATS) of Waterloo, Iowa, dated September 8, 2015, for Planning and Engineering Services to assist Waste Management Services Department for the City of Waterloo, Iowa; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on April 1, 2019, for continuation of Planning and Engineering Services through the end of the current fiscal year; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 2 for continuation of additional Planning and Engineering Services for the current fiscal year. Project Description The project is to provide additional planning and engineering services to assist the Waste Management Services Department and Engineering Department for sanitary sewer -related projects. II. Scope of Services The Scope of Services to be provided under this supplemental agreement is as follows: The work to be performed by ATS will include work, materials, equipment and supplies necessary to continue to provide the services described in the tasks defined below similar to previous years. Task 1 - Evaluating Records and Associated Costs. Assist in evaluating existing records to establish the current costs for various activities performed by the Waste Management Services Department as requested: The current wastewater services activities include the sanitary sewer collection system maintenance and flood control. The breakdown of the costs for these activities will include estimates for the cost for each of the above areas for both residential/commercial flows and industrial flows. This information will be helpful in evaluating proposed industrial expansions, economic development opportunities and rates. Task 2 - Public Meetings. Provide liaison with the City Council regarding Waste Management Services issues. This task will include attending Council meetings, committee meetings and other public meetings to discuss issues relating to Waste Management Services, when necessary. Task 3 - Regulatory Assistance. Provide liaison with regulatory agencies associated with Waste Management Services. The agencies currently involved in these services include the Iowa Department of Natural Resources (IDNR), the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE). Task 4 - Funding Application Assistance. Assist in pursuing funding opportunities with various potential funding sources. This task will include reviewing potential grant and/or Page 195 of 264 AECOM Page 2 loan opportunities and assist in preparing grant and/or loan applications which may benefit the Client in Waste Management Services activities. Task 5 - Capital Improvement Development. Assist in developing a Capital Improvements Plan for Waste Management Services, including projects needed to meet regulatory requirements, resolve existing problems, and maintain existing programs and services. The Capital Improvements Plan will provide a means to estimate future costs which may be used in evaluating bond schedules, funding opportunities, and rates. Task 6 - Sanitary Sewer System Planning Assistance. Develop a priority system for implementing improvements in the Client's sanitary sewer collection system. The existing system experiences significant flow increases during wet weather conditions. The need to reduce the flows has been a long-standing need, and the Client has taken significant steps in reducing these extraneous flows in the past. Significant improvements remain to reduce wet weather flows to stay within the system capacity. Sanitary sewer improvements are needed in the public right-of-way and on the private property side to reach the goal of eliminating sanitary sewer overflows and sewer back-ups. This task will assist in prioritizing the sanitary sewer improvements and developing a long-range plan to implement the needed improvements. In addition, this task will assist the Client in developing a program and policy to address private source infiltration and inflow sources for future and existing portions of the sanitary sewer system. Task 7 - Assist Department/City with Funding Priorities. Coordinate closely with the other city departments (engineering, finance and planning) in developing the Client's Waste Management Services Capital Improvements Plan, priorities and funding issues. Task 8 - Assist with CMOM Activities. Assist the Client's WPCF staff updating and implementing the Capacity, Management, Operation and Maintenance (CMOM) Program for the wastewater treatment and collection system(s). Task 9 - Assist with Inflow and Infiltration Evaluations. Assist the Client in monitoring the ordinance to eliminate extraneous flows from the sanitary sewer system, including footing drains and sump pump connections. Task 10 - Evaluating Options for Wastewater Treatment and Collection System. Assist the Client in evaluating options for operating the Client's wastewater treatment and collection system(s). Task 11 - Engineering Tasks. Assist the Client in small miscellaneous engineering tasks as requested. Task 12 - Hydraulic Modeling. Perform hydraulic modeling analysis for the sanitary sewer system on an as -needed basis, as requested by Client. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in the original agreement and Supplemental Agreement No. 1. The estimated fee is Eighty Thousand Dollars ($80,000.00). IV. In all other respects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated September 8, 2015. Page 196 of 264 AECOM Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Date September 24, 2019 Douglas W. Schindel, P.E. Associate Vice President CITY OF WATERLOO, IOWA By: Date Quentin Hart Mayor O:\Administration\AGREE\SUPPLE\SA2 Waterloo WM Planning and Engineering.doc Page 197 of 264 CITY OF WATERLOO Council Communication Resolution approving award of bid to Huff Contracting Inc., of Waterloo, Iowa, in the amount of $279,181 and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Gates Park Golf Maintenance Building Project, Contract No. 1000, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/14/2019 Prepared: 10/8/2019 REVIEWERS: Department A a usn re a ervic�:°w.� Clerk Office ATTACHMENTS: Description D Bid Tabulation D Contract D Certificate D PerformaOnce Hone SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer inn u:TM:, p' aol e%rn Action Date Approved 10/9/2019 ... 4 :2.6 AM Approved 10/9/20 19 ... 9:39 AM Type up 1 a11eria I ck:Qu:p lateniaall up M aater as 0 u Material aateriaall Resolution approving award of bid to Huff Contracting Inc., of Waterloo, Iowa, in the amount of $279,181 and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Gates Park Golf Maintenance Building Project, Contract No. 1000, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Request Council award and adopt resolution transmitting Contract, Bonds, Certificate of Insurance for Huff Contracting Inc, Waterloo, Iowa, for FY2019 Gates Park Golf Maintenance Building Project, Contract No. 1000, and approve and authorize the Mayor to sign Contract between the City of Waterloo and Huff Contracting Inc. This project constructs a replacement maintenance building at Gates Park Golf Course. Alternates 1-5 will all be included in this project which will include the demolition of the existing maintenance building. It is estimated that the existing building was constructed in the 1950's and is heavily deteriorated and undersized. This project has been endorsed by the Leisure Services Commission Golf Committee. The new building will be located near the existing building so that existing remaining infrastructure such as fuel pumps and parking facilities can be reused. Expenditure Required: $279,181.00 Source of Funds: Golf Course Improvement Bond Funds Page 198 of 264 Policy Issue: This project supports the City of Waterloo Strategic Plan, Strategy 4.5 "Maintain City facilities that support quality of place." Page 199 of 264 Page 200 of 264 TOTAL + 0) vl co C° 1 N if) NLI U 4-, C Q 000`00£$ LID co LIDd- 0of N t/} o 0 M t/} o o 0 M V} L0S`TTE$ rn e i of N V} a CO V\} O V} O c -I V} O M -VI- O O V} ON M V} O tri -Ln in *k a,Lit- Alternat e Sheathin g Bay 05 0 O O $4,456 4`r oLn- a MTI Distribut ing o O c-1 V} M OQ V} 00Z`£$ O t --I V} LII Lfl $1,110 mQ) i:tN .1...O a Demo of existing O in V} 00 rn lD -1-I V} 0N Mo c�-I V} 0 O V} Q1 00 rN-I V} to 00 cri V} N 7t +..O Q y, f0 L./ O cc cc O� M N V} O0 r -I M t/} r -I M V} O Ln M V} LA t/} OM M M /} -VI- FY2019 Gates Park Golf Maintenance Building Project #1000 Waterloo, Iowa 1 r -L M O r -N +' Q Nr-4 N O O Ln ON- n 2 00E`Z$ N M M V} in o c -I N V} 00£`Z$ $3,415 M m c I N V} 0 Z O m m Yes/No v >- 0) >- v >- 0) >- 0) >- 0) >- BASE BID O Lf) N 00 N V} rl NLf) O N N V} LD lD 0l N V} O M M co M V} N. LnN O 00 N (A N M ‘so N V)- Bid Form ADDEND UM N k x X X X X X ADDEND UM -1 *N: X X X X X >< GENERAL CONTRACTOR Matt Construction Steege Construction Don Gardner Construction Cardinal Construction Kidder Construction Huff Contracting Page 200 of 264 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES CO 1SSION CONTRACT for FY2019 GATES PA GOLF NTENANCE PROJECT #1000 This Contract made and entered into this _14th day of October 2019 , by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Huff Contracting Inc. OF Waterloo , Iowa, hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2019 GATES P GOLF M TENANCE PROJECT #1000 described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same CONTRACT page 1 of 2 Page 201 of 264 promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is eed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Sum of : $279,191.00 (Two hundred seventy-nine thousand one hundred ninety-one dollars & 00/100) City of Waterloo, Iowa, Quentin Halt, :ayor Kelley Felellie, City Clerk Contractor: 7, H acting, Inc. Approved by the City Council of the City of Waterloo, Iowa, this i4th day of October 2019. ATTEST: erk CONTRACT page 2 of 2 Page 202 of 264 Q¶hlNS EN TIFICATE U5 IS 'U CERTIFICATE DOES NOT BELuJ'rm. THS CE TIFIC TtlV'y; F RAIN l EIOPRESIENTT'I'VE OR NSR I l.DI,ICER„ HUFFC-1 CERT CATB L.r 1 N U 14C ATTER OF UIN1 ORIMAi'uONll OILY AND L.IMU l ltrr`EV1"' 0 RIGHTS UPON THE Clf RUIUIV UIC nTf6o HOLDER, 11 ... D11VIELY ,"R REG „- TIVELY LY AI ENC„ EXTE ORCD OR ALTER THE' COVERAGE FFORDED BY TINE POLICIES URANCE (DOES MILT r °INSTIICTUTIIC A COUNT N ,CT SET%'>'E'ENNI THE ISUDIM G INSURER(S), „h l,DTll0RIUamEIUD' THE CERTIFICATE HOLDER. IunXU'v1FE (1411HWmmIUI@'U'h"'V`"IrN RT RT, 11 ¢Uns a rsi& w Ra�Uh�' GATI'ONAIVE0, sub' ca�N nanar� unNm �'r. u� , m rm 7 PR pocER °TIY 'llummnwax,l rro ' 22 rnn 4th SL, a'C , ` 0 vow RA 33784 � U Sinn „VIw mn ADDITION/71 INSURED, the pency (les) vint h tonne ne ,;r d cot`' Mons dr Ana I,'w,9NIGyN„, cer D a:; INEuawl--„ m in RVa w of uClr motaxtr. w m ADDITIONAL policies, may u°u� 1ur �LIRE!O Ipaovl ml a or b Nndo a IF„,9a. 1,1 PREP A:AM P R'N Iu�b O N"alu CaNtra 42579__ T`N4STA,ATHE„ nits l"�n` TC CIERTUU`-Y' Tk�11r THE INCL°UavNLuS OF INSURANCE LISTED BELOW Ihif�,�nplc. BEEN USSCE�lpb TO TDdE. UUNSpURIL"°IL"n NAMED AOCI�IE'°: IN'¢"DIR THE POLICY PEW° NNC'UCATEM NO '' G ANY RLQLIUREMIIINT, 'TERM OR CCNL11IT1DN OF ANY CONTRACT OR OTHER DOCUMENT I;'w11T11 RESPECT TO ilo'VNIIICHI TIIHVS Q;IEYITROA1 r MAY SE VSSLUED OR 14 Y 1 RTAVUN THE UIN,'3UIRANCl,i JN°IU'ORDER ISY TUNE IP0LNCNES fl:SCRUR 1D HERON RS SDBJEVr TO ALL THE; TERMS, EXCLUSIONS AND C0 NUINTV0Nl'S Of SUCH POUCHES.. LAMES SHOWN NAY HAVE BEEN REDUCED BY PAD CL a UIJd JIwuDl Ulm oPCDm uu: e EN a 9NLUIL N DNP TYPE G wrr UUWQDW➢ a ,44 Um ll C L Na' 0I1 'fr 1dP"1W Ul: .KU.. U� °�4„A...,.,..,,. „„°°�.............. UIn{D14ulrt'r' wtlUIYUtlUImU� N MNAN. LMWNJNtny R)CcLJN7 IR L.ICDCVOI, ,p10746S7 EACI 8 W«ry V VER SUV JC;; A DE". "'NU N EN1FC POU ULUUMrrAPPLUE:E PER: CNUllWdPBCDP ��rUa� ix uJ'uJILED 'I1 ooR,Yr �uw,�gupTr�u� �WIaIW,,dV LLA UJL &,DC „IJI m�EIUD 1 NmE"1E9MVTIN , tR13E NC 'P'EhNeA" 3 ANNE U P ^ N u wnm"a nr AI WYP' I IE D"cY )PARTNEMExECL rwr V EXCLUDED? 4i i br�, uv�Dum lk umml FNs�,r2ffir I /2011 01t1'I E2al2 00„000 ACD IIUI'tlf 1 J 101 t 2 DES RU ON OF OPE Al 1 1M 1ECLE IAC NnUCU 1E , A NII Pawky* ` :M liar, molt Vow w Nn wv� M r PQM Nw U aDauN C W11�D'tlIC 'o Hol I' + Nr ed Ensured only for FY2019 Gabes Park GO' a Pi ll vied, 01 OD cUl"`t CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 ! ROM A VaF E Ai VIE ICNE$CDiDUr3END POLICIES BE CANCELLED IU31WCRE THE UPI TVN N KATIE THEREOF„ OTtCE WILL OE IYAELNvEREUCD IN ACCORDANCIEW"'Ar,Y "THE U.' ri1JOY PRC"NNS+`.'.NS. Uao N'"NAO' The ACni RRI III lart d IdNamm� 2 d AC E."u R LIRA"TIN-IINI° A Page 203 of 264 PERFORMANCE BOND Bond Number CMIFSU 0683740 KNOW ALL MEN BY THESE PRESENTS: That we, Huff Contracting Inc of 1310 Grandview Avenue Waterloo. IA 50703 the "Principal"), and International Fidelity Insurance Company of One Newark Center Newark, NJ 071 2-5207 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Two Hundred Seventy Nine Thousand One Hundred Ninety One & 00/100D011arS ($ 779 191 00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about October 14. 2019 for the purpose of FY2019 Gates Park Gplf Maintenance Project The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3 Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 Page 204 of 264 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of oaQber 14. 2019 PRINCIPAL _Huff Name !11:0!Lr*.. SURETY International Fidelity Insurance Company Name Title: Jill ShaffeLAttorney-in-fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Page 205 of 264 PAYMENT BOND Bond Number CMIFSU 0683740 KNOW ALL MEN BY THESE PRESENTS: that Fluff Contracting inc ram_ of r) 1310 Grandview Avenue, Waterloo, IA 50703 (Ad ress of Contractor) a Corporation (Corporation, Partnership or individual) and, 1 iI Fidelity insrance Coup , hereinafter called Principal, (I al le of Surety) One Newark Center, Newark, NJ 07102-5207 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Warerloo City Hall. Waterloo. IA (Name of Owner) (Address of Owner) Two Hundred Seventy Nine Thousand One Hundred hereinafter called OWNER, in the penal sum of Ninety One & 00/100 DollarS4 279,191.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 14th 20 19 , a copy of which is hereto attached and made a part hereof fordtahye ofcbeonsOtcrtouctiron of: Fr2019 Gates Park Golf Malialemance Building Prgirt NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Page 206 of 264 PROVIDED, FURTHER, that the said Surety for vaiue received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three (3) counterparts, each one of (number) which shall be deemed an original, this the 14th day of October 20 19 . Al I EST, (SEAL) 60, Witness a to Pinc (Principal) Secretary 1310 Grandview venue (Address) aterioo, IA 50703 ATTEST: 71300,./1,. Witne, -as to Surety 4200 University.Avenue (Address' West Des Moines, iA 50266 Huff Contractin inc Principai 1310 Grandview Ave. Address) Watexloo, IA 50703 Intemational Fidelity Insurance Company ,Suriaty Shaffor Attorneyan-IF le Newark Center ( &tress) Newark. NJ 07102,5207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. (s) Page 207 of 264 POWER OF ATTORNEY Bond # INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center, 20' Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint CHRISTOPHER R. SEIBERLING, GREG T. LAMAIR, JEFFREY R. BAKER, NANCY D. BALTUTAT, PATRICK K. DUFF, JILL SHAFFER, JOSEPH I. SCHMIT West Des Moines, IA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required ar permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by thelr regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 2001 day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attomey, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore ar hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed," IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chaprnan Executive Vice President, International Fidelity Insurance Company and Allegheny Casualty Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instalment, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION Shirelle A. Outley a Notary Public of New Jersey My Commission Expires April 4, 2023 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attomey, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, October 14, 2019 A01022 . . V irene Matin, Assistant Secretan, Page 208 of 264 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., originally executed September 3, 2019, in the amount of $2,250, in conjunction with additional Engineering Services related to the FY 2020 Brock 3rd Addition Lots 2 and 3 Sanitary Sewer Extension, Contract No. 986, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department 1^ �c.0:leern ..g Clerk Office ATTACHMENTS: Description Agreement SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Knutson, on, Jamie Even, 1.TeAnn Action Appm ved Approved Type 11 tack up Ma ria Date 10/9/2,01.9 ... 1 :2 p P M 10/9/2019 12:42, P M Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., originally executed September 3, 2019, in the amount of $2,250, in conjunction with additional Engineering Services related to the FY 2020 Brock 3rd Addition Lots 2 and 3 Sanitary Sewer Extension, Contract No. 986, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel, Associate Engineer Additional sanitary sewer borings by Terracon. $2,250 Martin Road Bonds or TIF funds This contract applies to Strategic Plan Strategy 1.3 by providing the design to construct water and sanitary sewer to a development site in the Martin Road TIF area. Page 209 of 264 Supplemental Agreement No. 1 to the Lot 2, Brock Third Sanitary Sewer Extension, Contract 986 Professional Service Agreement between the City of Waterloo, Iowa and Wayne Claassen Engineering and Surveying, Inc. PROJECT: Lot 2, Brock Third Sanitary Sewer Extension, Contract 986 Project TO: Wayne Claassen Engineering and Surveying, Inc. FROM: City of Waterloo, Iowa You are hereby ordered to make the following changes to the existing Agreement for Professional Services for the Hammond Avenue Bridge Replacement project, dated 09/03/2019 1. Add the following to said existing Agreement: Part III. TERMS AND CONDITIONS Article 1. ENGINEERING SERVICES 1.1 Basic Services - The Engineer agrees to perform professional services in connection with the Project, as set forth below and contained within this Agreement: A. Preliminary Engineering Phase Task 5. Geotechnical Services. This task includes subcontracting two soil borings to determine soil and groundwater conditions for the Project. 2. Settlement for cost of work to be made as follows: Increase of $2,250.00 to the Basic Preliminary Engineering Phase of the Agreement. The Basic Preliminary Engineering Phase of the Agreement will be $12,250.00 with this Supplemental Agreement No. 1. 3. All other sections of said existing Agreement remain unchanged. Page 1 of 2 Page 210 of 264 CITY OF WATERLOO APPROVED: BY: Quentin Hart, Mayor of Waterloo ATTEST BY: WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. J. C sen, President Kelley Felchle, City Clerk Denise DeLeon, Sec etary Date Page 2 of 2 Date Page 211 of 264 CITY OF WATERLOO Council Communication Resolution approving a Memorandum of Understanding with Black Hawk County, Iowa, for the purpose of defining and clarifying the division of responsibility, action and cost in the construction/maintenance of roadway facilities near the outer corporate limits of the City, and authorizing and Mayor and City Clerk to execute said document. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer Action Date Traffic Operations ^;�enm p.,eAnn. Approved 10/9/2019 %;: P ATTACHMENTS: Description Type D Memorandum. of Eintierstari porn : (::'over Memo SUBJECT: Resolution approving a Memorandum of Understanding with Black Hawk County, Iowa, for the purpose of defining and clarifying the division of responsibility, action and cost in the construction/maintenance of roadway facilities near the outer corporate limits of the City, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Sandie Greco, Traffic Operations Director Recommended Action: Approve MOU. Summary Statement: Policy Issue: This MOU has been completely updated since the last agreement in the '70s. A meeting was held with Black Hawk County's engineering department to discuss and update questions and concerns regarding which entity is responsible for certain areas of road maintenance including snow removal. Strategy 2.2 - Enlist all City departments and staff members in efforts to promote a safer community. Strategy 3.4 - Identify and improve proven cost and resource saving measures. Page 212 of 264 Please return this copy to: Board of Supervisors - ATTN: liana Laidig 316 E 5th street RM 203 Waterloo, IA 50703 Memorandum of Understanding City of Waterloo - Black Hawk County This Memorandum of Understanding ("MOW) is entered into by and between the City of Waterloo, Iowa and Black Hawk County, Iowa for the purpose of defining and clarifying the division of responsibility, action and cost in the construction and/or maintenance of roadway facilities near the outer corporate limits of the City. Roads or Streets on the Corporate Line. 1) Black Hawk County will maintain and plow snow on the following streets or roads on the corporate limits common to both: a. Donald Street from Sage Road East to Elk Run Road*** 2.0 miles b. Dunkerton Road from Leversee Road east one mile 1.0 mile c. Elk Run Road from Donald Street, 3/4 mile south to Newell St 0.75 mile d. Sage Road from Donald St north % mile 0.25 mile e. Newell St from Elk Run Rd east 1/2 mile 0.50 mile 4.5 miles 2) City of Waterloo will maintain and plow snow on the following streets or roads on corporate limits common to both: a. Orange Road from Dysart Road west % mile 0.25 mile b. Orange Road from U.S. 218 west to Dysart Road 0.75 mile c. Hess Road from Orange Road north 1/4 mile 0.25 mile d. McKellar Road from Foulk Road east 1/4 mile 0.25 mile 2.00 miles Spurs of Streets which are a Continuation into Jurisdiction of the Other Entity 1) Black Hawk County will maintain and plow snow on the following streets or roads: a. Hoff Road from Shaulis Road south A mile b. Osage Road from Skyview Road east 1/2 mile c. Moline Road from Donald Street north 1/4 mile d. Burton Avenue from Big Rock Road north % mile 0.75 mile 0.50 mile 0.25 mile 0.50 mile 2.00 miles 2) City of Waterloo will maintain and plow snow on the following streets or roads: a. Ansborough Avenue from Orange Road north 1/4 mile b. Orange Road from Ansborough Avenue east 1/2 mile c. Kimball Avenue from Washburn Road north %2 mile d. Big Rock Road from U.S. 63/ Logan Avenue east % mile e. Orange Road from 1/4 mile west of Dysart Road west 11/4 mile 1 0,25 mile 0.50 mile 0.50 mile 1.25 miles Page 213 of 264 f. Rose Lane, Oak Ridge St, Juniper, and Balsam Streets in Cedar Terrace, Fifth Addition g. East Airline Highway from Moline west 1/4 mile h. Elk Run Road from IA 281 north'/ mile 0.60 mile 0.25 mile 0.50 mile 3.85 miles ***The County will perform all summer maintenance on this portion of Donald St, the City will perform all winter maintenance. Maintenance is defined as furnishing rock, grading, snow removal, ice treatment, patching holes, culvert cleanout, garbage pickup in the ditches, ditch clean out, brush removal, and driveway repair as required by the governing body of the maintenance crew. Seal coating and road reconstruction are NOT part of routine maintenance activities. New entrances within the city limits shall be as the City Engineer designates, and outside of the city limits they shall conform to County requirements as outlined on the County's driveway entrance permit. All traffic control signs shall be furnished and installed by the agency in whose area the road lies. This MOU does not include bridge maintenance. The responsibilities of each party hereunder will be performed at its own cost, and each party waives any right or claim of reimbursement from the other party. Each party shall perform its maintenance responsibilities hereunder in a timely fashion and in accordance with generally prevailing standards of public road maintenance, which shall be at least the standard of maintenance that such party follows in maintaining its own roadways. To the extent permitted by applicable law, each party will defend, indemnify and hold harmless the other party, its officials, officers, employees, and agents, from and against any and all claims, demands, actions, causes of action, costs, expenses, fees, penalties, fines, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees and expenses, existing at law or in equity, whether sounding in tort or contract, arising from, claimed to arise from, or in any way connected with, the acts or omissions of the indemnifying party in carrying out its authorized activities under this MOU. Neither party may assign its duties under this MOU to any third party without the prior written consent of the other party hereto. Nothing in this MOU shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. This MOU is binding upon and shall inure to the benefit of the parties. This MOU is the entire understanding between the parties pertaining to the subject matter hereof and supersedes all 2 Page 214 of 264 prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this MOU may not be modified except by the mutual written agreement of both parties. Time is of the essence. This MOU shall become effective thirty (30) days after date set forth below and shall remain in effect until such time as either party chooses to terminate it by notifying the other party in writing at least one (1) month prior to the termination date. Dated this 21101 day of bag., 2019. City of Waterloo, Iowa Black Hawk County, Iowa Quentin Hart, Mayor By: Board of Superviso s 8v Attest: Attest�/ Kelley - Felchle, City . v/— Fe�ch[e,C]�r� 3 Page 215 of 264 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (la), south side in the 2000 block of Coachman Drive. City Council Meeting: 10/14/2019 Prepared: 10/1/2019 REVIEWERS: Department 'Traffic Operations ATTACHMENTS: Description Dt)rdinance SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Background Information: Reviewer i^^"vena LeAnn Action Approved Type Date 11 0/y/2019...10:", AM Motion to receive, file, consider and pass for the second time an ordinance amending the City of Waterloo Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (la), south side in the 2000 block of Coachman Drive. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director Adopt Ordinance Execptional Persons staff contacted Traffic Operations with safety and visibility concerns regarding buses entering and exiting the driveway of the Group Home located at 2009 Coachman Drive. The only house on the south side of the 2000 block of Coachman Drive is the Group Home. Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. All residents in the 2000 block of Coachman Dr. were notified by mail of the pending ordinance change. No comments or questions were received as of Tuesday, October lst. Page 216 of 264 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: BY AMENDING SECTION 571, NO PARKING 8:00 A.M. TO 4:00 P.M., EXCEPT SATURDAY, SUNDAY AND HOLIDAYS, BY ADDING SUBSECTION (la) , COACHMAN DRIVE, SOUTH SIDE OF THE 2000 BLOCK, TO NO PARKING 8:00 A.M. TO 4:00 P.M., EXCEPT SATURDAY, SUNDAY OR HOLIDAYS, TO THE 2008 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 571, No Parking 8:00 a.m. to 4:00 p.m., except Saturday, Sunday and Holidays, is amended by adding the following: (la) Coachman Drive South side in the 2000 block. PASSED AND ADOPTED by the City Council this day of October, 2019, and approved by the Mayor this day of October, 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 217 of 264 CITY OF WATERLOO Council Communication An ordinance approving a request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street. City Council Meeting: 10/14/2019 Prepared: 10/2/2019 REVIEWERS: Department Reviewer Action Date 1> inning &. Zo:nln l; Schroeder, Ade /Approved. 10/2/2 ,/� ... 110: i➢ AIM Clea_ Office i^"vent p.,eAnnn Approved i0/2,/:/019 ... Iii°46 AM ATTACHMENTS: Description Type D Cmina P acket Cover Memo SUBJECT: Submitted by: Motion to receive, file, consider and pass for the second time an ordinance approving a request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Transmitted is resolution setting date of public hearing as October 7, 2019 to approve the request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street., instructing the City Clerk to publish notice. The request to vacate the sidewalk would not appear to have a negative impact on the neighborhood as there is only 1 house in the area and it has been acquired by the City of Waterloo under the 657A program and will be demolished. The Planning and Zoning Commission recommended unanimous approval of the City Right -of -Way vacate at their regular meeting on September 10, 2019. Expenditure Required: None Source of Funds: N/A The nearest trail is the Martin Luther King Jr. trail located 0.19 miles to the south. All segments of the sidewalks to be vacated dead-end into the railroad Page 218 of 264 Background Information: yard and would likely never be extended. Remaining sidewalk will continue to connect with the existing sidewalk network. This request was received by the Complete Streets Advisory who did not express any concerns with the vacate, and noted it was not safe to direct pedestrian traffic towards the dead -ends and railyard. The area is zoned "R-2" One and Two Family Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning: North — Vacant land and residences zoned "C -2,C -Z" Commercial District Conditional Zoning, "R-3" Multiple Residence District and "R-2" One and Two Family Residence District. South — Vacant land and the Canadian National Railroad zoned "R-2" One and Two Family Residence District and "M-1" Light Industrial District. East — Vacant land and residences zoned "R-2" One and Two Family Residence District and "R-3" Multiple Residence District. West — The Canadian National Railroad zoned "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. Residences built between 1900 and 2004. No portion of the property is located within a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0189F, dated July 18, 2011. Dr. Walter Cunningham School of Excellence is located 0.39 miles to the northeast, George Washington Carver Academy is located 1.58 miles to the northwest, and East High School located 0.21 miles to the west. There are 8" Sanitary Sewer Lines in both Merriman and Halstead Streets. The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. The City of Waterloo is requesting to vacate the sidewalks on both sides of 100 block of Halstead Street and the south side of the 100 block of Merriman Street. The sidewalks in question dead end and do not serve any residences and would require extensive repairs. Staff is concerned about vacating sidewalks as it could lead to other requests to vacate sidewalk. However, the sidewalks in question all dead end at a fence that is adjacent to the tracks of the Canadian National Railroad and could pose a safety hazard to anyone trying to use them. Sidewalk repair cost are generally assessed against the adjacent property owner. However, under Iowa State code the owner of the adjacent properties could only be assessed $500 for repairs to the sidewalk and the estimated cost to repair the sidewalk is $11,000. The property owner did attempt repairs to the sidewalk but they did not meet the Engineering Department requirements. The Planning, Programming and Zoning Commission voted 5-0 to recommend approval of the vacate at their September 10, 2019 regular meeting. Therefore, staff recommends the request to vacate the sidewalk in the 100 block of Merriman Street and the 100 Block of Halstead Street. be approved for the following reasons: Page 219 of 264 Legal Descriptions: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular traffic. 3. The only building in the area is scheduled for demolition. 4. The sidewalks dead in at a fence that borders the Canadian National Railroad creating a potential safety issue. 5. The Complete Streets Advisory Committee did not express any concerns with the vacate. Public sidewalk within the 100 block of Halstead Street laying south of the south line of Merriman Street and north of the north line of the Canadian National Railroad. Public sidewalk within the south side of the 100 block of Merriman Street laying west of the west line of Halstead Street and east of the north line of the Canadian National Railroad Page 220 of 264 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: Vacate- Sidewalk September 10, 2019 Request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate sidewalks on Merriman Street and Halstead Street. The request to vacate the sidewalk would not appear to have a negative impact on the neighborhood as there is only 1 house in the area and it has been acquired by the City of Waterloo under the 657A program and will be demolished. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. The nearest trail is the Martin Luther King Jr. trail located 0.19 miles to the south. All segments of the sidewalks to be vacated dead-end into the railroad yard and would likely never be extended. Remaining sidewalk will continue to connect with the existing sidewalk network. This request was received by the Complete Streets Advisory who did not express any concerns with the vacate, and noted it was not safe to direct pedestrian traffic towards the dead -ends and railyard. The area is zoned "R-2" One and Two Family Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning: North — Vacant land and residences zoned "C -2,C -Z" Commercial District Conditional Zoning, "R-3" Multiple Residence District and "R-2" One and Two Family Residence District. South — Vacant land and the Canadian National Railroad zoned "R-2" One and Two Family Residence District and "M- 1" Light Industrial District. East — Vacant land and residences zoned "R-2" One and Two Family Residence District and "R-3" Multiple Residence District. West — The Canadian National Railroad zoned "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative Page 1 of 3 Page 221 of 264 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF Vacate- Sidewalk September 10, 2019 impact on drainage. Residences built between 1900 and 2004. No portion of the property is located within a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0189F, dated July 18, 2011. Dr. Walter Cunningham School of Excellence is located 0.39 miles to the northeast, George Washington Carver Academy is located 1.58 miles to the northwest, and East High School located 0.21 miles to the west. There are 8" Sanitary Sewer Lines in both Merriman and Halstead Streets. The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. The City of Waterloo is requesting to vacate the sidewalks on both sides of 100 block of Halstead Street and the south side of the 100 block of Merriman Street. The sidewalks in question dead end and do not serve any residences and would require extensive repairs. Staff is concerned about vacating sidewalks as it could lead to other requests to vacate sidewalk. However, the sidewalks in question all dead end at a fence that is adjacent to the tracks of the Canadian National Railroad and could pose a safety hazard to anyone trying to use them. Sidewalk repair cost are generally assessed against the adjacent property owner. However, under Iowa State code the owner of the adjacent properties could only be assessed $500 for repairs to the sidewalk and the estimated cost to repair the sidewalk is $11,000. The property owner did attempt repairs to the sidewalk but they did not meet the Engineering Department requirements. The Planning, Programming and Zoning Commission voted 5- 0 to recommend approval of the vacate at their September 10, 2019 regular meeting. There would be no platting required in relation to the request. Page 2 of 3 Page 222 of 264 September 10, 2019 RECOMMENDATION: Therefore, staff recommends the request to vacate the sidewalk in the 100 block of Merriman Street and the 100 Block of Halstead Street. be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular traffic. 3. The only building in the area is scheduled for demolition. 4. The sidewalks dead in at a fence that borders the Canadian National Railroad creating a potential safety issue. 5. The Complete Streets Advisory Committee did not express any concerns with the vacate. Vacate- Sidewalk Page 3 of 3 Page 223 of 264 City of Waterloo Planning, Programming and Zoning Commission September 10, 2019 —1 I 11Gff f iff 11111111111111 1 GABLE ST 111111111111 1 1111111111111 RICKER ST KICKER ST 111,111111 0 111 .111 70 I IILII �,1w 1 1 QUINCY STV 1 , 111 11 11 1 WEBSTER ST W 111. � 0 I w _. 11 I ST "?-1 I 1 ' 1 1111i 11ADAM111111_ 1 1 1 II I I I1111111 i 1 COTTAGE ST II 1 1 _� 11 11.1 1111 111:1 111 111111111 1 11111 1 SUMNER ST z l DANE ST ti l 11 � I 111 1 ROBY LN` J Q 1111 [111 rill n ARGYLE ST �I1aw1111 �1�1 11 ALMOND11.1 ST. 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"111111 011111 , "lluuwuuw1111111111 1. 1,1, IN VV ,Ww411C�1.1,,1 uuw111, 11 IIII 11!'1' I l m1111111'1111111111111111111 1 0010111111 1111111111111111 11i11ii1i1ulllll N'iii 11mm� 11-11111Ill1I ll, 1111iiiiiiiiiiiiiiiiiiiiiiiiiiiiNltltl�tltl�ul111 ul�nu111111 „11111111 11 m 1 IIIIIIIIIIII IIIu11f IIVIV,0, N''I'''1 111111111111111111111 .1111 'iiy„ullli111111111111111uu11111111,1,1, VIIIYII u. /11111111 1111111 1111 Sidewalks to be vacated 11111111111 1 Ii, 1111ILS, 1111111111, 1II!'IuIIIIIII�V�11p1 umml11;Y,"111 liu"i1V116'uul hll'1;9Vi I 1111114 ���O ���III!�I�I^�!�i°��iil�d111!�II�Ilili il�ll nd��yil;u'llll� r'"11111111!I!!!I 11111 ,1� Pu'9mpoumom u11i I''�I IIIIIIIIIIIIIIIIIIIIIIINI 1111 11 Iuw111tlg1u1, 1111111111111111 11111111111111111' Iv 111111111111111111111111111111 Merriman and Halstead Streets Vacate Sidewalk Request City of Waterloo Page 225 of 264 MMMMMMMMMMMMMMM111111111111111111111111111111111111111111111111111111111111111111111111111111111111111.111111111111111111111111111111111111111 ff �iri�iq/lllllll���rill��1 Sidewalk Vacate Request Looking north from Merriman Street along Halstead Street. di youoldo Looking west along Merriman Street from Halstead Street. �NJU"uiiP'ggyry �, a ear ' I�-'?'i Ix � ro" II �Nk iY'��IG{I1/6�dYri ry� ,n lNiii�iGYt�ylU�f)II)IIIIIIIIIIIrc °I Looking south on Halstead Street from Merriman Street. 0i 11111111111i ,11.1Hlooloolo ,,IIIIIIIIIIIII loolooloolooli000l11111110111111 lin Horne at 200 Merriman Street that will be demolished. Page 226 of 264 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 59703 (319) 291-4366 LJ Offer to Vacate and Purchase City Right -of -Way r"Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Applicant: k•-• /1",OF W1I Address: 71! hiticINE; i Phone No.: (31PI) Z9-I2— General Description of Property to Vacated (i.e.- alley between A St. & R SL, South of C St.): Ic-14-14- TH CS" 100 611--/t4 YlnA A) ST AN t'o• 00,cW 3Lt T. Legal description of area to be conveyed, vacated, or encroached: I, A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): O Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee O Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated No Fee O Any request not meeting the Sale of Property Policy One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: lf the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): O Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale or Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: AJ!ik 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional const ,uction as the reason for the request. Appli ant Dat *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 227 of 264 CITY OF WATERLOO Council Communication An ordinance increasing the mayor's compensation. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer t.'➢erik Oft11:e i eicia_4a', Kelley ATTACHMENTS: Description D Ordinance Qas i. D Sallary Survey SUBJECT: Submitted by: Recommended Action: Summary Statement: 1 Action /approved Type Backup Ma 11:3ack:urp I1ateri Date 0/9/2( 9 ... i i :56 AM Motion to receive, file, consider, and pass for the first time an ordinance fixing the compensation of mayor and council members of the City of Waterloo, Iowa, and rescinding Ordinance No. 4785. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Jerome Amos, Jr., Ward 4 Council member Approval. This ordinance proposes increasing the mayor's pay and keeps the formula for calculating subsequent salary adjustments the same. Page 228 of 264 ORDINANCE NO. XXXX AN ORDINANCE FIXING THE COMPENSATION OF MAYOR AND COUNCIL MEMBERS OF THE CITY OF WATERLOO, IOWA, AND RESCINDING ORDINANCE NO. 4785. BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: 1. The Mayor of the City of Waterloo, Iowa, shall receive an annual salary of one hundred and two thousand dollars ($102,000) for the calendar year beginning January 1, 2020 and an annual salary adjustment each subsequent July 1 thereafter, starting July 1, 2020, equal to the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Works (CPI -W), current series, U.S. All Items, as determined by comparing the December index for the year just ended with the December index for the calendar year preceding it. 2. Each member of the Council of the City of Waterloo, Iowa, shall receive an annual salary of nine thousand two hundred seventy-two dollars and twenty-two cents ($9, 272.22) for the calendar year beginning January 1, 2020 and an annual salary adjustment each subsequent July 1 thereafter, starting July 1, 2020, equal to the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W), current series, U.S. All Items, as determined by comparing the December index for the year just ended with the December index for the calendar year preceding it. 3. In the event that there is no percentage change increase as described in paragraphs 1 and 2 above in any given year, then the salary of the Mayor and the salary of each member of the Council shall not be increased in any such year. BE IT FURTHER RESOLVED that Ordinance No. 4785 is hereby repealed in its entirety. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 229 of 264 7/9/2019 Salary Survey Page 230 of 264 Policies in place for elected official raises? City Mayor Council Admin Description West Des Moines $ 14,000.00 $ 9,000.00 $ 206,801.00 City Manager No Ames $ 11,000.00 $ 10,000.00 $ 220,032.00 City Manager No Davenport $ 45,000.00 $ 15,000.00 $ 185,191.20 City Administrator No Council Bluffs $ 101,614.00 $ 12,000.00 $ 130,554.00 Chief of Staff Yes - CPI Waterloo $ 87,445.00 $ 9,272.00 Yes - CPI Cedar Falls $ 93,113.00 $ 6,173.00 $ 182,582.00 City Administrator Yes - CPI Page 230 of 264 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 2 in the amount of $11,939.31 in conjunction with the Runway 12-30 Pavement Joint Repair and Airfield Pavement Markings Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/14/2019 Prepared: 10/7/2019 REVIEWERS: Department Airport Cleric. Office, Reviewer Action Date Carspa.ri, Keith Approved 10/7/2019 - 1:14 P M ^;ven 11:.eAnn Approved 10/7/2019 1:03 .x ATTACHMENTS: Description Type Copy of (:. h nge Ordero: 2 D"uru 11 for ii: e vay 12/30 Joirm Repair arra N Airfield P rrrve°i Cover Men:r.r ll)rojecb Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve and Direct the Mayor to sign the Change Order where indicated. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: After many months, and like the previous request, Staff is ready to put some closure on this multi-year project. This Change Order No: 2, reflects an increase in the overall costs of the Runway Joint Repair and Airfield Pavement Markings project at $11,939.31, that will reflect a revised total Contract Amount of $652,178.66. The source of funds for this project, 90% of the Change Order will be covered by the FAA's Airport Improvement Program (AIP) with the final 10% being covered by ALO's Passenger Facility Charge Application as part of FAA Grant No: 45 as approved by the City. This project and request by Staff complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategy Nos: 3.3, 3.4 and 3.5. Goal No: 4, and Strategy No: 4.5. Alternative: N/A for this request from Staff. This Change Order allows Staff to get closer to the full financial and administrative closure of this project. This project was a key element to overall work completed via FAA Grant No: 45. Page 231 of 264 Background Information: The part of this runway - located directly within the Aircraft Touchdown Zone, or TDZ, was in very poor condition due to the buckling of the pavement at the intersection of the runway and Taxiway Bravo and B-1. This intersection of the runway, was for many years the actual end of the runway as constructed many years ago, but a (north) extension of approximately 1,900 feet, brought the length of the runway to the now full length of 8,400 feet. Legal Descriptions: N/A for this request from Staff. Page 232 of 264 R Imagine it.. AECOM Delivered 500 SW 7th Street Des Moines IA, 50309 USA aecom.com September 22, 2019 Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane VVaterloo, IA 50703 SU JECT: Runway 12/30 Joint'. epar Airfield Pave ent Marking aterUoo Re ional Air ort aterloo, Iowa FAA AI " Project No. 3-19-0094-0 5 AECOM ID Ns, 60550592 Dear Mr. Kaspari: VFID stp Enclosed for your review and execution is four (4) copies of the Final Change Order for the above referenced project. This change order adjusts estimated quantities to reflect field: measured quantities. Change Order N(I:mincreases the Contract Value by $11,939.31 for a total Contract Amount of $652,178.66. 2. Once this change order has been executed by the city, please retain one copy for your use and return the remaining three (3) fully executed copies for distribution. ft you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, David B. Hughes, RE. Enclosure: As noted cc: Mr. Doug Schindel, AECOM (w/enclosures) Mr. Milt Dakovich (w/enclosures) P:t50550592 ALO Twy C CRS \300_Communicationsl310_Client\ KK092219.1trl.docx aecom.com 6 Page n3 of 264 (I:MANGE ER NO 2 Owner Waterloo Regional Airport, City of Waterloo, Iowa Date December 28, 2018 Project Runway 12/30 Pavement Joint Repair and Pavement Marking Owner's Contract No. FAA Al? Project No. 3-19-0094-045 Contractor Aspro, Inc. Date of Contract Start May 21,2,018 MODWENE1=fflrn 11N 01111111,1 Emolnuhma You are directed to make the -following clianges in the Contract Documents. Description: BASE 1131 • 5 9 10 JOINT AND CRACK. REPAIR HOT MIX ASPHALT 12.0 INCH PORTLAND CEMENT CONCRETE PAVEMENT -RUNWAY 12-30 TON SY 111111111 IN111111 1111 If 1 1,202 $ 2.42 (13.66) $ 9415 (1.67) $ 100.00 8 2,908.84 (1,294.28) (167.00) 11 12 104 TEMPORARY RUNWAY AND TAXIWAY MARKING — RUNWAY 12-30 GROOVING THRESHOLD LIGHT :BAR REMOVAL ADD ALTERNAT NO. 1 AY 12/30 SF (720) $ 1.50 $ (1,080.00) SY LS AVE ENT G 45.4 1 510,00 $ 454.00 1,200.00 1,200.00 BASE BID SUBTOTAL 2,02L56 A 1 • A TE. ATE NO. 2 — IJNWAY 12/30 JOINT AND CBACK 1 TAXIWAY REFLECTIVE MEDIA (TYPE I GRADATION A) TAXIWAY A (NON -ATP) LB (25) $ 0.55 8 (13.75) 102 REFLEC7IIVE MEDIA (TYPE 1, GRADATION A) LE (1,000) 5 0.50 $ (500.00) ALTERNATE NO. 2 SUBTOTAL 8 2,736.15 ADD ALTERNATE NO. 1 SUBTOTAL $ (513.75) A 1 • A TE. ATE NO. 2 — IJNWAY 12/30 JOINT AND CBACK 1 JOINT A 31+00 D R.A.C.K REPAIR — S'...1A 24-U0 FO STA LF 1,073 $ 2.55 $ 2,736,15 ADD ALTERNATE NO. 2 SUBTOTAL 8 2,736.15 ADD TERN TE NI, 3 — RUNWAY 18/36 TAXI AYS ANI APRON AVE ENT MARKING RUNWAY AND TAXIWAY 1VIARIUNG SP 6,019 $ 0.65 $ 3,912.35 TAXIWAY REFLECTIVE MEDIA. (TYPE I, $ 0.50 GRADATION A) LEI SF (519) PAVEMENT MARKING REMOVAL — TAXIWAY B 808.5 $ 5,00 ADD AUTERT•4.A.TE NO. 3 SUBTOTAL Runway 12/30 knot. Repair and Airfield Pavement Markinw CO -2 1 5 (259,50) $ 4,042.50 5 7,695.35 Project No -- 60550592 Page 234 of 264 Reason for Change Order: The purpose of this change order is to adjust quantities to reflect actual field measured quantities for the project. The change order also reflects the removal of the abandoned threshold light bar encountered during excavation for the pavement repairs for Runway 12/30. BASE BID Item 5, Joint and Crack Repair — Item adjusted to match actual field measured quantity. Item 9, Hot Mix Asphalt - Item adjusted to match actual field measured quantity. Item 10, 12.0 Inch Portland Cement Concrete Pavement — Runway 12-30 - Item adjusted to match actual field measured quantity. Item 11, Temporary Runway and Taxiway Marking—Runway 12-30 - Item adjusted to match actual field measured quantity. Item 12, Grooving - Item adjusted to match actual field measured quantity. Item 104, Threshold Light Bar Removal — Item added to remove abandoned threshold light bar encountered during pavement removal on Runway 12-30 ADD ALTERNA 1'L NO. 1 — RUNWAY 12/30 PAVEMENT MARKING Item 4, Taxiway Reflective Media (Type 1, Gradation A) Taxiway A (NON -AIF) - Item adjusted to match actual field measured quantity. Item 102, Reflective Media (Type I, Gradation A) - Item adjusted to match actual field measured quantity. ADD ALTERNATE NO. 2 RUNWAY 12/30 JOINT AND CRACK REPAIR Item 1, Joint and Crack Repair — Item adjusted to match actual field measured quantity. ADD ALTERNATE NO. 3 — RUNWAY 18/36, TAXIWAYS AND APRON PAVEMENT MARKING Item 1, Runway and Taxiway Marking - Item adjusted to match actual field measured quantity. Item 2, Taxiway Reflective Media (Type I, Gradation A) - Item adjusted to match actual field measured quantity. Item 103, Pavement Marking Removal — Taxiway B — Item added to remove pavement markings leading from Runway 18-36 to the west that are not utilized. Runway 12/30 Joint Repair and Airfield Pavement Marking CO -2 Project No --- 60550592 2 Page 235 of 264 CONTRACT PRICE Original: $ Previous C.O.s (ADD): $ This C.O. (ADD): $ Contract Price with all approved Change Orders: $ 575,859.35 Original: CONTRACT TIMES (Calendar Days) To substantial To final completion completion 64,380.00 Previous C.O.s (ADD): 11,939.31 This C.O. (ADD): 652,178.66 REVISED: 90 0 0 90 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: `3.-�..,P-9 Engineer (Authorized Signature) APPROVED: By: Owner (Authorized Signature) ACCEPTED: By:// /4 Co /actor (Authorized Signature) Runway 12/30 Joint Repair and Airfield Pavement Marking Date Date Date CO -2 Project No — 60550592 3 Page 236 of 264 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 4, in the amount of $3,930.67, in conjunction with the Taxiway Charlie Reconstruction Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/14/2019 Prepared: 10/7/2019 REVIEWERS: Department Reviewer urport iC akpaari, pC (:leek Office ntiu e Arth ATTACHMENTS: Description Copy of CI11a.nge tprd.er INo:4(p"��ma➢ peak 1pre Reconsru.ot.uon. of 1"ax:ia • ay Chairh Action Date Approved 10/7/2 i9... .:14 pAM Appoved 10/1/2019 .. 5:30 P M Type C:'ovcr Cv1ci Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve and Direct the Mayor to sign the Change Order where indicated. S ummary S tatement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: After many months, Airport Staff is ready to put some closure on this multi- year project. This Change Order reflects an increase in the overall cost of this taxiway reconstruction project, at $3,930.67, that will reflect a total Contract Amount of $2,148,649.98. For the source of funds for this project, 90% of the Change Order will be covered by the FAA's Airport Improvement Program (AIP), with the final 10% being covered by ALO's Passenger Facility Charge application as part of FAA Grant No: 45 as approved by the City. This project complies with the Strategic Plan, as follows: Goal No: 3, and Strategy No: 3.3, 3.4 and 3.5. Goal No: 4, and Strategy No: 4.5. N/A for this request by Staff. This Change Order allows Staff to get closer to the full financial and administrative closure of this project. N/A for this request by Staff. Page 237 of 264 COir Imagine it, Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA587O3 SU JECT: �������IV��� �� »^�*=,�� -- Reconstruct Taxiway C atorloo RegimnaU/\irp x� Waterloo, lowa FAA Al Project No. 3-19'00 -348 AECOMUDNo. 60GS0S92 Dear Mr. Kaspari: Asrom 500ow7th Street Des Moires IA, 50309 USA aecom.xom September 30, 2019 Enclosed for your review and execution is four (4) copies of the Final Change Order for the above referenced project. This change order adjusts estimated quantities to reflecfielcl measured quantities. Change Order No4 increases the Contract Value by$3.Q3O.87for atotal Contract Amount of$2.148.849.9G, Once this change order has been executed by the cityplease retain one copy for your use and return the remaining three (3) fully executed copies for distribution. If you have any questions or require additional infomnetion, please feel free to contact our ofoa at your convenience. Yours sincrely, l David B. Hughes, P.E. Enclosure: As noted cc: Mr. Doug Schindel, AECOM Mr. Jeremy Bmhe.CroeU pmo55u592ALO r~o o_Cli°mmmounomu=, aecom.cmn Page 2'38 of 264 CHANCE ORDER 'NO„, (fIN Owner Waterloo Regional Airport, City of Wa er)oo, Iowa Date September 21, 2019 Project Reconstruct Taxiway C — North of Runway 12/30, Reconstruct. Taxiway C — South of Runway 12/30 Owner's Contract No. FAA AIP Project No. 3-19-0094-045 Contractor Croell, Date of Contract Start July 17, 2017 mumumacounturmommummumommlusum 011111 1111111111 You are directed to make the following changes in the Contract 10, ocurnents. Description: HUI 111M1111111 III Item No. 6 Description .... Inualm wulwamomagmanuMIMMuommani , Subbase Course Unit ,, CY Unit Price ....,,,,,,,,..., $ 80.00 Quantity , nonuMMIHn (53.74) Amount DI amaamau “ , “ , munnum , (3 4,299.20 7 Installation and Removal of Silt Fence LF $ 2.65 (184.0) (3 487.60) 8 Installation and Removal of Inlet Protection EA $ 295.00 (2.0) (3 590.00) 1 10 Agy -gate Base Course CY $ 81.00 66.47 3 5,384.07 II S4nch Portland Cement Concrete Pavement SY $ 45,82 44.44 3 2,036.44 13 Reflective Media (Type 1, Gradation A) Lit $ 0.50 (20.40) (3 10.20) 14 Temporary Runway and Taxiway Marking SF $ 1.00 (8800.0) (38,800.00) 15 -Inch Reinforced Concrete Pipe (RCP) LF $ 61.00 (1.0) 61.00) 21 Seeding AC $ 2,150.00 (1.18) (3 2,537.00) Mulching AC 3 3,500.00 4.28 3 14,980.00 24 No. 8 AWG, 5KV, L-824 Type C Cable, Ins!. led in Trench Bank or Conduit LF $ 0.71 137.00 $ 97.27 25 No. 6 AWG, 5KV, L-824 Type C Cable, installed in, Trench Bank or Conduit LF $ 1.21 150.00 $ 181,50 26 No. 6 AWG Bare Copper Counterpoise Wire, installed in Trench, above the Ductbank or Conduit including Ground Rods and Ground Connectors LF $ 0.94 470.00 3 441.80 27 , Concrete Encased Electrical Duct Bank, 2 -Way, 4 -Inch Schedule 40 PVC 1 P$ 25.39 (50.0) (3 1,269.50) 28 Non -Encased Electrical Conduit' 2 -inch Schedule 40 PVC LF $ 2.30 470.0 $ 1,081.00 29 Electrical Handhole, L-868 EA 3 712.02 (1) (8 712.02) to 104 Full Depth Saw Cut LF 3 8.00 (41,50) ($ 332.00) 11 (31,040.60) I 08 Hot Mix Asphalt (P-401) including Tack Coat TON 3 220.00 (4,73) Reconstruct Taxiway C — North of Runway 12/30 CO -4 Reconstruct Taxiway C — South of Runway 12/30 Project No -- 60550592 Page 239 of 264 Item No. 109 Description Runway Edge Marking including Reflective Media Unit Unit Price Quantity Amount SF $ 2.10 (98.90) ($ 207.69) 110 Directional Bore for 2 — 2 inch Conduits LF $ 13.20 5 $ 66.00 111 2 -inch Schedule 40 HDPE LF $ 0.94 10.0 $ 9.40 Total Change Order $ 3,930.67 Reason for Change Order: The purpose of this change order is to adjust all quantities to reflect final field measured quantities. 6. Subbase Course — adjust to match field measured quantity. 7. Installation and Removal of Silt Fence - adjust to match field measured quantity. 8. Installation and Removal of Inlet Protection - adjust to match field measured quantity. 10. Aggregate Base Course - adjust to match field measured quantity. 11. 8 -Inch Portland Cement Concrete Pavement - adjust to match field measured quantity. 13. Reflective Media (Type 1, Gradation A) - adjust to match field measured quantity. 14. Temporary Runway and Taxiway Marking — item not used as pavement was closed until. 30 day curing time was achieved and allowed for placement of permanent markings. 15. 18 -Inch Reinforced Concrete Pipe (RCP) - adjust to match field measured quantity. 21. Seeding - adjust to match field measured quantity. 23. Mulching — item was used for temporary erosion control as grading was completed outside of permanent seeding season - adjust to match field measured quantity. 24. No. 8 AWG, 5KV, L-824 Type C Cable, Installed in Trench Bank or Conduit - adjust to match field measured quantity. 25. No. 6 AWG, 5KV, L-824 Type C Cable, Installed in Trench Bank or Conduit - adjust to match field measured quantity. 26. No. 6 AWG Bare Copper Counterpoise Wire, Installed in Trench, above the Ductbank or Conduit including Ground Rods and Ground Connectors — adjust to match field measured quantity. 27. Concrete Encased Electrical Duct Bank, 2 -Way, 4 -Inch Schedule 40 PVC — adjust to match field measured quantity. 28. Non -Encased Electrical Conduit, 2 -inch Schedule 40 PVC — adjust to match field measured quantity. 29. Electrical Handhole, L-868 — adjust to match field measured quantity. 1.04. Full Depth Saw Cut — adjust to match field measured quantity. 108. Hot Mix Asphalt (P-401) Including Tack Coat — adjust to match field measured quantity. 109. Runway Edge Marking including Reflective Media — adjust to match field measured quantity. 110. Directional Bore for 2 — 2 -inch Conduits — adjust to match field measured quantity. 111. 2 -Inch Schedule 40 HDPE — adjust to match field measured quantity. Reconstruct Taxiway C —North ol°' Runway 12/30 Reconstruct Taxiway C — South of Runway 12/30 CO -4 Project No — 60550592 2 Page 240 of 264 CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $ 2,128,833.19 Original: Previous C.O.s (ADD): $ 15,582.12 Previous C.O.s (ADD): This C.O. (ADD): $ 3,930.67 This C.O. (ADD): Contract Price with all REVISED: approved Change Orders: $ 2,148,349.98 150 4 4 158 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: 1,3 , Engineer (Authorized Signature) APPROVED: By: Owner (Authorized Signature) ACCEPTED: -- By: /� Contror (Authorized Signature) J27 /L Date 05 - Date Date Reconstruct Taxiway C -- North of Runway 12/30 Reconstruct Taxiway C South of Runway 12/30 CO -4 Project No — 60550592 3 Page 241 of 264 CITY OF WATERLOO Council Communication Planning, Programming & Zoning minutes of September 10, 2019. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer Action Date Pia ming &, Zona Schroeder, .roc .Apprtwed 10/9/2( ' ... 110:ll n.M. Oak Office 1 v. nm 1: eAnn Approved p.0/9/20 D.9 ... ll 0 )) AM. ATTACHMENTS: Description Type D P&.Z minutes (./oven Memo SUBJECT: Planning, Programming & Zoning minutes of September 10, 2019. Submitted by: Submitted By: Page 242 of 264 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. September 10, 2019 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Craig Holdiman, Eric Donat, Virginia Wilber, Sue Flynn, and Patrisha Serfling. Members absent were: Steve Trost and Marcia Buttgen, there is currently two vacancies on the commission. Others present: Aric Schroeder, Chris Western, John Dornoff and Seth Hyberger — Planning Department, Jamie Knutson — City Engineer, Tim Jamison — Waterloo Courier, and 3 citizens. 1. Approval of the Agenda It was moved by Holdiman, seconded by Flynn to approve the agenda with the removal of item E-1. Motion carried unanimously. II. Approval of the Minutes from the Special Meeting on July 23, 2019. It was moved by Donat, seconded by Holdiman to approve the minutes. Motion carried unanimously. III. Financial Report: July 2019 Schroeder read the financial report for July 2019 which is the first month of the 2020 fiscal year. Donat asked for clarification of where the percentages come from. Wilber questioned the employee benefit reimbursement which was at 97%. Schroeder stated that it was most likely a one-time expense for the whole year, which was later confirmed. It was moved by Holdiman, seconded by Flynn to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations No Oral Presentations V. New Business A. Hearings — Rezones and Site Plan Amendments 1. Request by the City of Waterloo to rezone 23.4 acres from "M-2" Heavy Industrial District to "R-2" One and Two Family Residence District at the former located at 550 Esther Street (former Chamberlain Manufacturing site). It was moved by Holdiman and seconded by Donat to receive and place on file the statement of verification at 4:05 p.m. Motion carried unanimously and Wilber declared the hearing open. Western gave the staff report recommending approval of the rezone. Patricia Gary, 2427 East 4th Street said that she is opposed to any homes being built at the site. Her husband died of three types of cancer and believes that the Chamberlain site and its contamination was the cause. 27 of the homes that received notice are owned by landlords so the people in those homes do Page 243 of 264 Planning and Zoning Commission September 10, 2019 not know anything about the proposed rezone. The EPA said the land is contaminated and suggested a solar faun be built at the site. Wilber asked Gary if her husband worked at Chamberlain to which Gary said no, he worked at Wonderbread. Western stated that staff is not proposing to build houses there however with current zoning another manufacturing outfit could move there so changing the zoning will prevent that and it would also require a higher level of cleanup from the EPA. Western also stated that building a solar farm at the site was looked at but was not deemed viable. Flynn asked what would be required if homes were ever put on the site to which Western stated that the consultant for the cleanup Howard R. Green would give a list of requirements for any construction on the site. Holdiman indicated he doubts that anyone would want to build a house at the site. Flynn pointed out that by downzoning that a manufacturer would be prevented from locating there. Gary said that there should be more meetings and the renters should be notified to which Western said that the notifications were being handled by the EPA but they should be looking to have more meetings soon. Donat asked what the plans for the site were to which Western stated that there was some consideration to move some of the golf course holes to the site and use the land to the north that would be opened up by that to build homes but that proposal was not well received. Otherwise there are no development plans at this time. It was moved by Holdiman, seconded by Donat to close the public hearing. Motion carried unanimously. The hearing was closed at 4:22 p.m. It was moved by Serfling, seconded by Donat to recommend approval of the rezone. Motion carried unanimously B. Special Permits 1. Request by Shiloh Baptist Church for a Special Permit for a 24' X 36' Storage Building located at 3525 Sager Avenue. Western gave the staff report recommending approval of the Special Permit. Donat asked if the building would meet zoning requirements because of issues with pole buildings in the past to which Holdiman responded that it involved the applicants using vertical metal siding but in this case they are not using vertical metal siding. Rick Mott, Shiloh Baptist Church confirmed that it would be using vinyl siding on the building. Flynn asked if it was going to be used for storage in place of the existing sheds to which Mott confirmed. It was moved by Flynn, seconded by Donat to recommend approval of the Special Permit. Motion carried unanimously. -2 Page 244 of 264 Planning and Zoning Commission September 10, 2019 C. Vacates 1. Request by City of Waterloo to vacate the sidewalk in the 100 block of Merriman Street and the 100 Block of Halstead Street. Dornoff gave the staff report recommending approval of the vacate It was moved by Donat, seconded by Holdiman to recommend approval of the vacate. Motion carried unanimously. 2. Request by DGOGWATERLOOIA 100320018LLC to vacate a 10' sidewalk easement along the East side of Idaho Street. Hyberger gave the staff report recommending approval of the vacate. Donat asked if the action would have a negative effect on existing utilities to which Hyberger answered no. Flynn asked who currently maintains the sidewalk to which Schroeder responded the city did but is now the responsibility of Dollar General. It was moved by Holdiman, seconded by Serfling to recommend approval the vacate. Motion carried unanimously. D. Appeals 1. Request by Skogman Homes for an appeal to the driveway policy to allow for a second driveway on a corner lot at 1709 Waxwing Way. Dornoff gave the staff report recommending approval of the second driveway. Donat asked if a precedence would be set to which Knutson responded that there is numerous homes in the area that have them already. Flynn asked how the other driveways were put in and that we should have a better process for this to which Knutson answered he is not sure if they went through the process or not and commented that if these were more heavily traveled streets he would be fight allowing it. Schroeder asked if it was possible if this policy could be looked at possible taking into consideration traffic volumes of the streets. Kevin Fittro Skogman Homes was asked by Wilber how many more lots like this were left to be built to which Fittro responded that there is only 12 lots left in the subdivision with only 2 corner lots and as the development goes north there should not be any that could cause a problem like this. It was moved by Holdiman, seconded by Serfling to recommend approval of the driveway appeal. Motion carried unanimously. E. Plans and Studies 1. Request by City of Waterloo to approve the Amended and Restated San Marnan and Crossroads Unified Urban Renewal and Redevelopment Plan, merging the San Marnan and Crossroads Urban Renewal Plans and TIF Districts. Item was removed from the agenda. Donat asked when it was anticipated that this item would come before the commission. Schroeder indicated that it would likely be on the next agenda. -3 Page 245 of 264 Planning and Zoning Commission September 10, 2019 VI. Discussion The next meeting will be on October 1st, 2019. VII. Adjournment It was moved by Serfling, seconded by Flynn, to adjourn the meeting at 4:42 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I -4 Page 246 of 264 CITY OF WATERLOO Council Communication Complete Streets minutes of August 20, 2019. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer Action D ate Piarm:ng & Zoru r Schroeder, Aroc /Approved 10/9/2019 ... p 0:4? AM Clerk Office 1^"v. mm 1: Ann .Approved 10/9/:.2)019 ... 10:54 AM ATTACHMENTS: Description Type C.;o p l t Streets ironiniu:tcs Cover 1\4eii_b:no SUBJECT: Complete Streets minutes of August 20, 2019. Submitted by: Submitted By: Page 247 of 264 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting August 20, 2019 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:35pm August 20, 2019 by Chairperson Cass in the Mollenhoff Room, City Hall, 7:15 Mulberry Street. Roll Call: Members present were: Felicia Cass, Will Frost, Codie Leseman, Janet Buls, Wayne Castle, Aric Schroeder, Brian Schoon, and Kevin Blanshan. Members absent were: Ray Feuss, Pat Morrissey, Dan Trelka, Mohammad Elahi, Jeff Bales, Abraham Funchess, Jessica Rucker, Paul Huting, and Greg Young. Also present: Matt Schindel and John Dornoff— Planning and Zoning Staff. It was moved by Buls, seconded by Schroeder to approve the minutes of the July 16, 2019 meeting. Motion carried unanimously. Proposed Sidewalk vacate in the 100 block of Hawker Court and he 00 and 100 block of Gable Street. • Petition was submitted to vacate the sidewalks on the 00 block of Gable Street and the 100 Block of Hawker Court. They have not yet submitted an application to vacate, but it was decided to discuss at Complete Streets in case it is added to P&Z agenda. • Castle explained that the applicants would have to get signatures from other adjoining property owners, apply to the Planning and Zoning commission for a vacate, then it would go to the City Council. • Assessment estimates were sent out property owners detailing the cost to remove the sidewalk if vacated, and staff has heard from several opposing the vacate, some who have already paid to have their sidewalk repaired. • There is currently nothing in the Ordinance specific about sidewalk vacates, but they are processed the same as other street vacate requests. • People want stability in a sidewalk policy. Sidewalk Scores from Recon List • Schindel went through the scoring matrix and how the different projects were evaluated. • A gap is a section of missing sidewalk up to 600' and over that amount is considered missing sidewalk. • Can look at the streets getting reconstructed and overlaid to estimate the cost to install sidewalks on those streets and to score them using the draft policy. • Modified the Cedar Rapids scoring system to make it more workable for Waterloo. • Cedar Rapids gave higher scores for being on a bus route and roads broken down into more speed categories. • Looked at constructability of sidewalks including any obstacles would need to be removed. • The streets on the list include East Ridgeway, Bethel Street, Oleson Road, W. Park Lane, St. Francis Drive, Johnson Street, Esther Street, Bethel Street (south connection), San Marnan Frontage Road, Reed Street, and Flammang Drive with St. Francis, San Marnan Frontage, Reed Street, and Flammang Drive. • There was discussion of the scoring system and at what point the system should be brought to city council. • Schindel ask if the scoring system is needed to spend the existing $70,000 that is budgeted. • Morrissey asked about Social Equity and distribution of any infill sidewalk projects. • Cass stated that the plan is to get comments from the committee, send it to Knutson and Anderson for their comments and try to have the final development of the policy made by October. • There was also discussion about sidewalks on Hammond and Flammang on how it will not score well due to the lack of connections. • Total cost of a project is not included in the scoring system. Sidewalk Infill Policy • Cass went over the sidewalk infill policy. • The policy attempts to take politics out of the equation. Page 248 of 264 Complete Streets Advisory Committee August 20, 2019 • Morrissey would like to take it to council to discuss so they know what the policy is being developed. Wants to make sure that council feels that they have the opportunity to give input. • Morrissey will discuss with council on Monday. Planning and Zoning Commission • Schroeder went over the P&Z agenda with one item of note which was a proposed sidewalk vacate on Merriman and Halstead Streets. • Castle discussed the request saying that these two sidewalks are in an area that will not have homes any time soon as the one house right at the corner will be demolished under 657A due to fire damage. • The owners of the lots along the southwest corner are facing a potential repair bill of over $11,000 but could only be assessed $500 due to the low value on the lots. • The owner had done unapproved work on the sidewalks, but it was not done correctly. • Buis noted that the sidewalks could actually be a safety hazard since they both dead end at fences next to the Canadian National Railroad tracks. It is not safe to direct traffic onto sidewalks that dead-end at the railroad. University Avenue • AECOM will present at the next meeting in September. • Phase 1 construction should be done this fall from Ansborough to Greenhill. • Phase 2 from Midway to Access B (Tunis) on the south side will be completed in approximately 6-8 weeks then north side construction will begin. The north half will go faster since the underground utilities for this section were located and completed on the south half. Construction on this section will be completed in 2020. • Phase 3 design is underway and preliminary plans should be submitted to the City by September. The phase 3 will include roadway work and enhancements including possible gateway features, intersection markers, and bridge enhancements. Project is predicted to be let in February 2020 with construction starting in March weather permitting with the project substantially completed in 2020 with possible seeding and landscaping the following spring. • There was discussion on why the need for 4 lanes east of Fletcher were traffic counts suggest a single lane each direction would do. Blanshan will talk to city officials about that section of road. Other Proiects • It was noted that there are bus pads but no benches or shelters and MET has stated it will not own or maintain them, this would be up to the cities. • The MPO might create an active transportation committee. Discussion • Cass is trying to get more citizens on the committee including Ali Parrish and David Deeds. Would like to see a revising the by-laws that would require attendance at meetings. • Morrissey said that a roundabout is needed at Hammond and East Ridgeway. • Next meeting will be on September 17tH • Schroeder to add Schindel to email list. Adjournment Cass adjourned the meeting at 3:45p.m. Respectfully submitted, John Dornoff Planner I 2 Page 249 of 264 CITY OF WATERLOO Council Communication Board of Adjustment minutes of August 27, 2019. City Council Meeting: 10/14/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer Action Date Pia ming & Zoru r Schroeder, Aroc .Approved 10/9/2019 .. p 0:4? AM flak Office p^"v. mm 1: Ami .Approved. 10/9/2019 ... 10:54 AM ATTACHMENTS: Description Type a 14.1OA minutes Cover Memo SUBJECT: Board of Adjustment minutes of August 27, 2019. Submitted by: Submitted By: Page 250 of 264 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON AUGUST 27, 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 Beckman, and John Chiles. Board members absent were April Leadley. Staff in attendance were: Aric Schroeder, John Dornoff, Seth Hyberger and Chris Western. I. Approval of the August 27, 2019 agenda. It was moved by Beckman and seconded by Chiles to approve the agenda with correction that agenda item 1 was a request by Signs by Tomorrow not by Nagle Signs and that agenda item 3 was pulled from the agenda by the applicant. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, July 30, 2019. It was moved by Beckman, seconded by Chiles to approve the minutes of the July 30, 2019 Regular Meeting. Motion carried unanimously. III. Decision Items 1. Request by Signs and Designs on behalf of First United Methodist Church for a variance to the si ' n re ' ulations to allow for the installation of a 4' x 8' di • ital messa ' e si ' n in an "R-4" Multiple Residence District located at 614 Randolph Street. Western gave staff the report that recommended approval of the request. Western stated that the request would not appear to have a negative impact upon the area, as staff believes that the proposed message board, due to its distance and lack of direct sight from nearby residential uses, will not cause any issues. Staff has heard no objections to the request, and the applicant has received approval and support of the variance from adjacent property owners. Beckman asked if the sign will bemoved further in towards the building as it appears the sign might be in the right-of-way. Western explained that staff received an updated site plan that indicated that the sign wood be moved closer to the building out of the right-of-way. Beckman asked about the petition that was submitted as the staff report indicated that there were to be six owners that signed it but there was only one signature. Western explained that it was the understanding that there were going to be more signature submitted. Pam Alfers who is the Chairperson for the church board stating that the digital sign is needed to advertise events for the church. Beckman asked about the six signatures. David Schachterle of Signs and Designs addressed the board stating that the reason that there was only one signature on the petition is because Tom Sinnot who signed the petition owned the six nearby properties. Chiles asked to remove from the reasons for approval the statement that there were six property owners that signed the petition. Condon asked how long it will be before we amend the ordinance so that churches don't have continue coming before the board for these requests. Schroeder stated that it was his recollection that the board was divided as to whether to amend the ordinance to allow such requests without a variance and that the consensus was to continue to review on a case by case basis. However, staff would support an amendment as there have been granted many variances particularly for churches and schools but the concern is that there may be situations were a sign may be shining in someone's home therefore, not amending the ordinance gives citizens an opportunity to be heard. Condon stated that the board has granted so many variances that it's getting hard not grant them. Thornsberry stated that yes we have unless there was significant opposition. Page 251 of 264 BOARD OF ADJUSTMENT August 27, 2019 Minutes It was moved by Beckman, seconded by Thornsberry to approve the request by First United Methodist Church for a variance to the sign regulations to allow for the installation of a 4'x 8' digital message sign in an "R-4"Multiple Residence District located at 614 Randolph Street. Motion carried unanimously. 2. Request by Nagle Signs on behalf of Vandello Family Dentistry for a variance to allow an off -premise advertising sign located at 1870 West Ridgeway Avenue. Western gave the staff report that recommended approval of the request. Western stated that there does appear to be uniqueness to this request, as the sign was legally constructed, but do to an oversight, it was not realized that the sign was located on the lot that was transferred to the new dentist office, which made the sign out of compliance at no fault to the applicant or the tenants of the strip mall development to the east. The request would not appear to have a negative impact upon the surrounding commercial area as the sign does not look like an off - premise sign but continues to appear to belong to the strip mall and staff has heard no objections to this request. Thornsberry clarified that the existing sign currently says Reserves on Ridgeway but since the sign is now owned by Vandello Dentistry, the sign will now read Ridgeway Dental and the business in the strip will now just have a one line header without their logos. Western stated yes that is correct. Condon asked if the applicant owns the sign is it really an off -premise advertising sign. Western explained that the sign is advertising businesses in the strip mall on a different parcel not owned by the applicant, and that classifies it as an off -premise sign. Mason Fromm representative from Nagel Signs explained that the dentist office and the strip mall share a driveway that is closer to the strip mall tenants which would be more effective advertising. Beckman asked if the new sign will be the same height. Fromm stated that it may be 2' higher as they are adding more structural materials to strengthen the sign. Beckman asked if the strip mall tenants are in an agreement with proposed sign. Fromm stated he has not talked with individual tenants but with the property owner and manager George Cooly who is technically requesting the variance. Condon asked if tenants change are they required to come back to the board. Staff stated they would not have to as long as the new sign is placed in the same location as the previous tenant at bottom half of the sign. Thornsberry asked if the tenants are aware of the request. Mason stated he would assume the property manager would have informed them of the request. Schroeder stated that without the variance they would only have wall signage and the owner of the strip mall could build their own sign however due to existing utilities and easements it has proven difficult to find an adequate location without locating a sign in the parking lot which would eliminate parking stalls. It was moved by Beckman, seconded by Thornsberry to approve the request by Nagle Signs on behalf of Vandello Family Dentistry for a variance to allow an off -premise advertising sign located at 1870 West Ridgeway Avenue. Motion Carried unanimously. 3. Request by Nagle Signs on behalf of Unity Point Medical Clinic for a variance to the sign regulations to allow for the installation of an off -premise sign in an "R-4" Multiple Family Residence District located at 40 Brookeridge Drive. The Request was removed from the agenda by applicant Mason Fromm representative from Nagle Signs. Page 252 of 264 BOARD OF ADJUSTMENT August 27, 2019 Minutes 4. Request by Rick Shirley for a variance to the side yard minimum setback requirement to allow for the construction of a 6' 6" x 14' deck with a 0' side yard setback, 5' less than the minimum required set back of 5' in an "R-2" One and Two Family Residence District, located at 847 East Ridgeway Avenue. Dornhoff gave the staff report that recommended approval of the request. Dornoff stated that there would appear to be uniqueness to the request as the property consists of two duplexes that face each other with a driveway down the center with two garages on the north side of the property. The residence requesting the variance is the unit located to the northeast side of the property. Also, that approval of the variance would not appear to have a negative impact on the area, as the nearest building on the lot to the east is approximately 65' feet away from the property line and the proposed deck. In addition the house to the west appears to also have a deck with a zero lot line. The applicant addressed the board and presented 4 letters of support from surrounding property owners. Beckman asked the applicant if he was sure of were the property line is. The applicant stated that he did find two pins and ran a string along the property line. It was moved by Beckman, seconded by Thornsberry to approve the request by Rick Shirley for a variance to the side yard minimum setback requirement to allow for the construction of a 6' 6"x 14' deck with a 0' side yard setback, 5' less than the minimum required set back of 5' in an "R-2" One and Two Family Residence District, located at 847 East Ridgeway Avenue. Motion Carried unanimously. 5. Request by Scott Rubenacker for a variance to the maximum accessory structure height requirement to allow for the construction of a 28' x 30' detached garage with a height of 17' 4", 2' 4" taller than the maximum height of 15' in an "R-1" One and Two Family Residence District at 430 Martin Road. Dornoff gave staff report which recommended approval of the request. Dornoff stated that here would appear to be uniqueness to the request to exceed the height limit given the significant change in grade and the need to build a foundation wall extending 5' above grade on the end of the building. Approval of the height limit variance would not appear to have a negative impact upon the surrounding area. Condon asked what the grade issue had to do with the height of the garage and isn't the height measured from the peek. Schroeder stated that the zoning ordinance definition of building height is based on the average height and the height is measured from the midpoint of the building to the grade. When the grade changes, it uses the average grade. Thornsberry asked staff if there were any concerns with water runoff. Schroeder stated that perhaps the applicant can address those concerns but staff was not aware of any concerns. The applicant addressed the board explaining that there is already a fair amount of water runoff but that there has not been any problems with standing water and that the homes to the north and east are approximately 25 to 30 feet away. Thornsberry asked if there were any plans to install French Drains to stop the flow of storm water. The applicant stated that there were no plans for that but there will be gutters that will be installed on the garage that would be pointed away from the homes to the north and east. Beckman also questioned if there should be some sort of mitigation to stem the flow of water. The applicant reiterated that there Page 253 of 264 BOARD OF ADJUSTMENT August 27, 2019 Minutes would not be any mitigation systems installed as there have been no issues with runoff and that both neighbors to the north and east signed a petition in favor of the request. It was moved by Chiles, seconded by Beckman to approve the request by Scott Rubenacker for a variance to the maximum accessory structure height requirement to allow for the construction of a 28'x 30' detached garage with a height of 17' 4", 2' 4" taller than the maximum height of 15' in an "R-1" One and Two Family Residence District at 430 Martin Road. Motion carried unanimously. 6. Request by Mike Apling for a variance to the minimum rear yard setback requireent to allow for the construction of 12' x 20' detached garage with a 0' rear yard setback, 3' less than the minimum 3' required in an "R-2" One Two Family Residence District located at 210 Poplar Avenue. Hyberger gave the staff report which recommended approval of the request. Western stated that there would appear to be uniqueness to the request, as there are nearby properties that have side and rear yard setbacks less than the minimum of 3' required. Approval of a 0' rear yard setback for an accessory structure would not appear to alter the character of the surrounding neighborhood. Approval of the variance could have a negative impact on the area, as it would set precedence for other properties within the nearby area to have side yard setbacks within the "R-2" Residence District of less than 3' for accessory structures, however the proposed structure would appear to be compatible with other structures in the area, including an existing 0' setback for a garage currently on the property. Thornsberry asked for clarification on which 3 lots were owned by the applicant. Western explained that the applicant owns two lots to the east of the home and one lot to the west of the home. Thornsberry pointed out that the staff report states that the applicant could build the garage with the correct setbacks. Hyberger confirmed that it could be built in a way to meet the minimum setbacks. Thornsberry asked if the required Restrictive Covenant mentioned in the staff report means that the 4 parcels would be considered one parcel going forward. Hyberger stated that the Restrictive Covenant would tie all 4 parcel together preventing the applicant from selling of the parcel with just the garage. Beckman pointed out that the house to the north is almost touching the property line and expressed concern for water runoff from the proposed garage. Condon pointed out that the board has granted similar requests in the past but mostly due to the fact that there was no alternative but doesn't feel this request meets that criteria and that if the garage was moved there would be no need for the variance. Chiles agreed stating if there is the ability to move the garage to meet the setback then that's what should be done. It was moved by Thornsberry, seconded by Beckman to deny the request by Mike Apling for a variance to the minimum rear yard setback requirement to allow for the construction of 12'x 20' detached garage with a 0' rear yard setback, 3' less than the minimum 3'required in an "R-2" One Two Family Residence District located at 210 Poplar Avenue. Motion denied unanimously. 7. Request by Mccreedy-Ruth Construction on behalf of Bearing Service Company Inc. for a variance to the parking requirement to allow for the construction of an off premise parking lot and a variance to allow for a 2' setback, 3' less than the minimum 5' setback required in an "M-1" Light Industrial District located immediately to the south of 1826 Black Hawk Street and between 1809 and 1821 Commercial Street. Page 254 of 264 BOARD OF ADJUSTMENT August 27, 2019 Minutes Hyberger gave the staff report which recommended approval of the request. Hyberger stated that the request would appear have some uniqueness to the request due to the fact that the parking lot is zoned "M-1" Light Industrial District and given other existing parking lots in the area. Approval of the variance would not appear to have a negative impact on the area. There are some parking lots in the immediate vicinity that do not meet the 5' or less setback requirement on all four sides. Beckman asked if there were any objections received. Hyberger stated there were no objections received by staff. Condon asked if the applicant met the 5' setback what would be lost. Western stated that the applicant was originally okay with the 5' setback but as the engineer began to design the parking lot it was felt that a 2' setback would be better to allow for better flow. Tim Ruth of Mccreedy Ruth Construction addressed the board stating that the company is growing and that his client just recently completed an addition and is adding employees and needs additional parking for those new employees. Also, his client attempted to purchase the adjacent lot to the west with the intent of building the parking lot there which would not needed a variance but was unsuccessful. Beckman asked if the site plan submitted was an accurate representation of what the finished product will look like. The applicant stated for the most part that it was based on the engineer but that the site plan presented shows what is required by zoning ordinance but the that the intent is to add additional landscaping around the proposed parking lot.. Beckman asked if the greenspace shown in the site plan was actually going to be installed. The applicant confirmed that it was. Beckman asked about lighting. Western stated that zoning ordinance has requirements for lighting and will address it during the permitting process. It was moved by Chiles, seconded by Beckman to approve the request by Mccreedy-Ruth Construction on behalf of Bearing Service Company Inc. for a variance to the parking requirement to allow for the construction of an off premise parking lot and a variance to allow for a 2'setback, 3' less than the minimum 5'setback required in an "M-1"Light Industrial District located immediately to the south of 1826 Black Hawk Street and between 1809 and 1821 Commercial Street. Motion carried unanimously. 8. Request by Mark Rust for a variance to the parking requirements to allow for an off premise parking lot and a variance to the minimum set back requirements to allow for the construction of a 55' x 43' x 40' asphalt parking lot with a 0' setback, 5' less than is required and a variance to allow for a parking lot to be 3" thick and have a 2" gravel base when the minimum requirement is 4" asphalt and 6" gravel base in an "M-1" Light Industrial District, located at 1828 Commercial Street. Hyberger gave the staff report recommending approval of the request as there would appear to be some uniqueness to the request due to the fact that the parking lot is zoned "M-1" Light Industrial District and there is currently a home on the property. The proposed parking lot would appear to be similar and compatible with other parking lots in the area. Approval of the variance would not appear to have a negative impact on the area. There are other parking lots in the immediate vicinity that do not meet the 5' setback requirement. With conditions that a solid fence is constructed between the parking lot and the property to the west, that a minimum of 2 2" caliper over story trees are planted in the right-of-way and that a 3' setback be maintained from the existing detached garage on the property and a 3' setback from the driveway serving that garage. Page 255 of 264 BOARD OF ADJUSTMENT August 27, 2019 Minutes Condon asked if the board was being asked to grant a variance to the asphalt thickness. Hyberger stated that there was a variance needed to the proposed thickness of 3" asphalt and 2" gravel base when the minimum requirement is 4" asphalt and 6" gravel base. Condon asked how the board would know if approving the request to build the parking lot with 3" asphalt and 2" gravel base was ok as they have no expertise in the matter. Hyberger stated that the City Engineer was adequate with the request because the parking lot would only be used for overflow parking from the applicant's auto body repair shop. Chiles asked what would be inadequate. Hyberger explained that if the parking lot where to be used to park heavy trucks on the 3" asphalt surface would be considered inadequate. Thornsberry asked if the code allows for this exception or does it state that the requirement is 4" asphalt and 6" gravel base. Hyberger stated that the code requires 4" asphalt and 6" gravel base without exceptions. Beckman asked about the requirement to plant two 2" caliper over story trees planted in the right-of-way and what right of way staff is referring to. Hyberger pointed out on the map that the trees would be planted between the east edge of the parking and the street. Chiles expressed concerns with allowing the parking to be built less than the code requires and how well the parking lot will hold up over the years with the freezing and thawing impact will have on the parking lot. Condon suggested that a letter from the City Engineer be submitted to the file explaining the decision to allow the 3" asphalt and 2" gravel base. Thornsberry expressed concern that there was no specific reason for allowing the request. The applicant addressed the board and explained that there will be approximately 5" and 6" of gravel and 3" of asphalt. The applicant stated he was told by an asphalt paving company that as long as you don't have heavy trucks parked on the lot 3" asphalt will be adequate. Beckman ask the applicant what type of business he ran. The applicant stated he owns a body shop and he does a lot a work for used car dealerships that on occasion will drop off 10 cars or more at once which creates a problem of where to store them until he can start working on them that's why he needs the proposed parking lot. Beckman pointed out that there are nice well maintained homes adjacent to the proposed parking lot and was concerned with wrecked vehicles being visible from the homes and that the lot would develop into a catch all similar to Pierce auto nearby. Beckman asked if the resident to the west of the property in question was okay with the request. The applicant stated that they were okay with the proposed parking lot and stated that there would not be wrecked vehicles and that he would keep it nice. Condon asked if the use of the Special Permit if approved goes away does the Special Permit go away. Schroeder explained that the request is for a variance not a Special Permit and that if the variance is approved it would run with the land. It was moved by Thornsberry, seconded by Beckman to approve the request by Mark Rust for a variance to the parking requirements to allow for an off premise parking lot and a variance to the minimum set back requirements to allow for the construction of a 55'x 43'x 40' asphalt parking lot with a 0' setback, 5' less than is required in an "M-1" Light Industrial District, located at 1828 Commercial Street. Motion Carried unanimously. 9. Request by Eagle Petroleum Corporation for a variance to the parking lot requirement to allow for a 2' setback. 3' short of the minimum 5' setback at 926 Linn Street. Western gave staff report which recommended approval of the request as there would appear to be a lack of reasonable return to the request, as denying the request could increase the difficulty in meeting the minimum 10 parking stalls required. There would appear to be uniqueness to the request, as the gravel parking lot has existed without any known complaints or concerns at a near 0' setback since at least 1978 when the building was constructed. Also, the approval of the request would allow for the applicant to improve the Page 256 of 264 BOARD OF ADJUSTMENT August 27, 2019 Minutes aesthetics of the site and help bring the site more into compliance with the hard surfacing requirements and staff has heard no objections to the request. Condon asked if the request was voluntary or was the city requiring it. Western stated that the request was voluntarily submitted as the gravel parking lot is considered "Grand Fathered" in or legal non -conforming. Beckman asked what happens if the applicant can't reach the 10 parking stalls required as stated in the parking lot. Western explained that the number of stalls and the paving of the parking area is not required by ordinance as it is "Grand Fathered" in or legal non -conforming. Beckman ask if there is lighting. Western stated that there are security lights on the building that shine onto the existing parking lot. Greg Bulicek who is the contractor for the applicant explained the overall project to the board stating that the owner would like to improve the property by painting the building, installing awnings over the doors and to eliminate the dust by paving the lot. A curb wall will be constructed along the east side of the property to hold the dirt and water runoff from the abutting property that has a higher elevation than the applicant's property and that the storm water will be directed to an existing storm sewer. Condon stated that re- establishing this neighborhood convenience store received some controversial, but anything to improve the site is welcomed. It was moved by Beckman, seconded by Chiles to approve the request by Eagle Petroleum Corporation for a variance to the parking lot requirement to allow for a 2'setback, 3'short of the minimum 5'setback at 926 Linn Street. Motion Carried unanimously. 10. Request by Patrick Kupka for a variance to the accessory structure maximum size limit, to allow for the construction of a 36' x 30' (1,080 SF) accessory structure, 230 square feet larger than the maximum 850 square feet allowed, in an "R-2" One and Two Family Residence District located at 938 Shultz Street. Western gave staff report which recommended denial of the request as there would not appear to be a lack of reasonable return to the request, as the applicant could construct a new building that falls within the guidelines of the Zoning Ordinance limitations of up to 850 SF if the applicant were to build a smaller building. The property is located on a dead end adjacent a contractor storage yard to the west but the applicants westerly property line is a natural boundary between the industrial and residential uses. Staff is concerned with the precedent for granting the requested variance in a neighborhood that the average lot size is just under 9,000 SF and there are no other buildings of this size in the immediate area of the residential neighborhood. Staff has heard no objections to the request. This request was tabled at the June 25 meeting and it was recommended that the application revise the proposal to something more reasonable. Condon asked if the existing attached garage was going to be maintained. Western explained that the garage will stay and that the applicant plans to install a second garage door on the back to be able to access the proposed building in the rear of the property. Condon thanked the applicant for coming back to the board with a considerably downscaled building proposal. The applicant explained that he plans to access the proposed pole building through the existing garage by installing a second garage door on the back. Thornsberry asked if the R.V. mentioned in the previous request would be able to be driven through the existing attached garage to get to the proposed pole building. Western explained that the applicant at Page 257 of 264 BOARD OF ADJUSTMENT August 27, 2019 Minutes the last meeting used the term R.V. but it's actually a pull behind "pop" up camper. Condon pointed out that other than exceeding the maximum square footage the proposed pole building will meet all other minimum requirements. Western confirmed that it will be. Beckman asked if the width and height of the existing attached garage is sufficient to be able to access the proposed building in the rear yard. The applicant stated that it is. Beckman asked the applicant intends to enlarge the opening of the existing garage. The applicant stated he does not intend to at this time. Thornsberry asked the applicant to explain the need for the oversized pole building. The applicant stated that he has various items that need to be stored inside out of the elements such a riding mower with snow blower attachment, camper and personal vehicles and that the building would not be visible by most of the surrounding neighbors. Chiles asked if the proposed pole building would allow him to accomplish this. The applicant stated that it would. Beckman asked how the pole building would be positioned on the lot. The applicant stated that it would be 30' deep, running north and south, and 36' wide running east and west. Chiles explained that aside from potentially setting presence he is now more comfortable with the new request as it meets all but one of the accessory structure requirements. It was moved by Chiles, seconded by Thornsberry to approve the request by Patrick Kupka for a variance to the accessory structure maximum size limit, to allow for the construction of a 36'x 30' (1,080 SF) accessory structure, 230 square feet larger than the maximum 850 square feet allowed, in an "R-2" One and Two Family Residence District located at 938 Shultz Street. Motion carried unanimously. 11. Request by Mark Rust for a variance to exceed the accessory structure maximum square foot requirements to allow for the construction of a 30' x 60' (1,800 square feet garage), 1,546 square feet over the 1,800 maximum square feet with a total accessory structures square footage of allowed in the "R-1" One and Two Family Residence District, located at 184 Lowder Road. Western gave the staff report which recommended approval of the request as the property in question is unique in that the property is located in a rural area and is consistent with the accessory buildings of the neighboring area, and would be located on property zoned "A-1" Agricultural District, which permits vertical metal siding for principal permitted uses. Staff has heard no opposition to the request. The request would not appear to alter the essential character of the neighborhood. Beckman ask how the applicant plans to access the proposed pole building. The applicant explained that he would drive through the yard on the easterly edge of the property which would not occur very often. Thornsberry asked about the siding on the existing buildings. The applicant stated they have vinyl siding, he is proposing to use vertical metal siding that will match the home and other accessory buildings as it is less expensive than vinyl siding. Beckman expressed concerns with similar request being submitted. Western stated that as long as the board approved the request based on a uniqueness you would be able to justify your decision for this and future decisions. Chiles asked for clarification relating to how the accessory structure maximum size is calculated. Western explained that the ordinance allows 850 square feet for all residential properties or 6% of the lot whichever is greater but not too exceed 1,800 square as long as the total square foot of structures does not exceed the 35% maximum lot coverage requirement or the maximum 30% rear yard lot coverage. Chiles stated he didn't agree that the proposed pole building was consistent with the accessory buildings of the neighboring area as was stated in the staff report due to the size of Page 258 of 264 BOARD OF ADJUSTMENT August 27, 2019 Minutes the proposed building and the board's decision should be based on the fact that the proposed building is adjacent to a corn field and not just on lot size as it could open the door to similar requests by homeowners with large lots; being next to a cornfield should be the uniqueness. It was moved by Beckman, seconded by Thornsberry to approve the request by Mark Rust for a variance to exceed the accessory structure maximum square foot requirements to allow for the construction of a 30'x 60' (1,800 square feet garage), 1,546 square feet over the 1,800 maximum square feet with a total accessory structures square footage of allowed in the "R-1" One and Two Family Residence District, located at 184 Lowder Road. Motion Carried unanimously. III. Discussion There were no discussion items. IV. Adjournment It was moved by Chiles, seconded by Beckman to adjourn the meeting at 6:20 p.m. Motion carried unanimously. Sincerely, Ck ,istoiak ,. G1/ j{7esttwy Christopher W. Western Planner II/Brownfield Coordinator Page 259 of 264 CITY OF WATERLOO Council Communication Historic Preservation minutes of August 20, 2019. City Council Meeting: 10/14/2019 Prepared: REVIEWERS: Department Reviewer Action Date Pia ming & Zoruir Schroeder, ..roc /approved 10/9/201.9 .. p 0:41 AM flak Office p^"v. mm Ann. .Approved 0/9/:4)1.9 ... 10:54 AM ATTACHMENTS: Description Type D iii' unniunu..utes Cover Memo SUBJECT: Historic Preservation minutes of August 20, 2019 Submitted by: Submitted By: Page 260 of 264 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — August 20, 2019— 4:30 P.M. Mollenhoff 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, Stevens, Miller, and Morehouse. Commission Member(s) absent were: Hedrick. Others Present: Pat Morrissey — City Council Liaison; John Dornoff— Planning Staff and Dr. Jane Lindaman — Waterloo Public Schools. Approval of Agenda Motion made by Price, seconded by Morehouse to approve the agenda of the August 20, 2019 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Morehouse, seconded by Rohret to approve the minutes of the July 16, 2019 meeting. Motions carried unanimously. Hearings Request by Waterloo Public Schools for a Certificate of Economic Hardship in order to demolish a house at 5643 Kimball Avenue. Dornoff recommending tabling the requesting since he has not been communicated with by the school district and there is no representative present. Motion made by Price, seconded by Morehouse 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. Dr. Lindaman from Waterloo Public Schools arrived shortly after the item had been tabled. Motion made by Price, seconded by Morehouse to take from the table the request by Waterloo Public Schools for a Certificate of Economic Hardship to demolish a house at 5643 Kimball Avenue. Motion approved unanimously. Miller said he visited the site and the building is in pretty bad shape. Dr. Lindaman stated that she did contact JSA Development about the house but they were not interested and they did not know of anyone who might be interested in taking the building due to the cost of moving it. Dornoff stated that Noel Anderson did attempt to contact Mr. Anderson who is developing land near the school if he would be interested in the building but he was not. 1 Page 261 of 264 Morehouse was concerned about the slippery slope allowing the building to be demolished as it could lead to others to be demolished because they have not been taken care of. Ottesen noted that a lot of homes have been lost in situations like this. Price stated it would be nice if the building could be documented before it is demolished. Motion made by Morehouse, seconded by Rohret to approve the request by Waterloo Public Schools for a Certificate of Economic Hardship to demolish a house at 5643 Kimball Avenue on the condition of allowing commission members to contact Habitat and any other interested party on salvaging materials from the house and that the property be documented property. Motion approved unanimously. Application for the 2020 CLG Grant Dornoff stated that last month the commission approved applying for the CLG grant but would like to hold off on applying for the grant until next year. There is concerns about the Civil Rights project and that applying for the grant now would be considered double dipping in funds since the Civil Rights grant is paying for looking at the expanded triangle and the CLG money despite being dispersed by the state is also Federal money. Dornoff also noted that there are wheels in motion that could see funding available to do a Church Row survey next year. Stevens said she is opposed to this since the Triangle area always gets the short end of the stick. Motion made by Price, seconded by Miller to withdraw the recommendation to apply for the 2020 CLG Grant with the purpose of doing the next phase of the Northeast Triangle area. Motion passed 3 yes, 2 nays (Stevens, Morehouse) Reports 1. Main Street Design council had 5 reviews including window signs and an outdoor patio. October 3rd will be Design Council Tour D'Loo. The Board of Directors will be meeting tomorrow. August 31' is the last Urban Farmers Market for the year. 2. Silos and Smokestacks. Dornoff discussed that Silos and Smokestacks will be hosting a photo bus tour on September 7, 2019 3. Grout Museum 2 - Page 262 of 264 The historic home tour will be on this Saturday August 24th 4. Building Update No update. 5. Project Update Dornoff said that the contractor for the Walnut National Register Nomination has done the required changes requested by the State, has forwarded the changes to the State, and the State should be forwarding the nomination to the National Park Service soon. Unsure how long the process will take at the Federal level as the Hotel President took substantially longer than the stated 90 days. 6. Highland Miller said that the neighborhood had a successful National Night Out. The lawn at 204 Alta Vista has been cut. There will be a rummage sale this Saturday from 8am to 4pm. Discussion Items/Possible Action Items 1. National Night Out August 6th Walnut had good attendance at their event including a performance by the Waterloo Symphony. 2. Library Presentation Ottesen suggested that the commission could discuss the documentation of the house on Kimball Street during the commissions presentation on October 30th. Ottesen also suggested discussing past loses such as the Paramount Theater. 3. Design Guidelines Ottesen suggested that the commission start meeting for an hour after the regular meeting starting September to go over the Design Guidelines. 4. Training Session in Maquoketa Dornoff handed out information from the training session in Maquoketa for the commissioners can take a look at. 5. School Art Project 2020 Stevens said she was very mad that she did not get recognition for all her hard work at the awards banquet even though Morehouse did and pointed out it is how people of color have been kept down for years. Ottesen and Dornoff both apologized to her. 3 - Page 263 of 264 Stevens also stated that this year the project should start soon with Dornoff noting that school starts on Monday. Dornoff said it would be good to nail down a date for the Banquet now so that it can be included with communication to the schools. Morehouse will see if the Grout Museum will be available on Thursday, May 14tH 6. HRDP Grant Dornoff noted that the HRDP grant will be coming up in March or so and noted Steven's idea about collecting Oral histories from the Triangle area and with us now loosing those people who were at the forefront of the Civil Rights battles, now is the time to get it done. Stevens said she will start working on it with or without the grant. Other Discussion: None Adjournment Ottesen adjourned the meeting at 5:40p.m. Respectfully submitted, John Dornoff Planner I 4 - Page 264 of 264