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Council Packet - 10/21/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 21, 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 Conununity 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 department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 196 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Noel Anderson, Community Planning & Development Director Agenda, as proposed or amended. Minutes of October 14, 2019, Regular Session, as proposed. Proclamation declaring October 26, 2019 as Defeat Hate - Vote Day. Proclamation declaring October 20-26, 2019 as Character Counts Week. Proclamation declaring October 21, 2019 as World Polio Day. Proclamation declaring October 20-26, 2019 as National Lead Poisoning Prevention Week. Recognition of Brian Bowman, Treatment Operations Supervisor/Assistant Director of Waste Management Services, as Wastewater Treatment Operator of the Year. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as November 4, 2019 to approve the request by the City of Waterloo to rezone 7.4 acres west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District, located west of 420 Harwood Avenue, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution setting date of public hearing as November 4, 2019 to approve the request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at Page 2 of 196 the former Edison School site, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution setting date of public hearing as November 4, 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, and rescinding Resolution No. 2019-743. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as November 7, 2019 and date of public hearing as November 12, 2019, in conjunction with the snow removal contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. Submitted By: Noel Anderson,Community Planning and Development Director 6. Resolution approving preliminary specifications, form of contract, etc. setting date of bid opening as November 7, 2019, and public hearing as November 12, 2019 in conjunction with the 5 Sullivan Brothers Convention Center Kitchen remodel, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Jennifer Sparks, Permit Writer Class/Meeting: Iowa Permit Technician Association - Basic Code Enforcement Destination: Hwdey, IA Dates: November 8, 2019 Amount not to exceed: $134.24 b. Sgt. Devine, Sgt. Schuster, Inv. Stratton, Inv. Hageman and Inv. Copp Class/Meeting: International Association for Identification Conference Destination: Johnston, IA Dates: November 6-8, 2019 Amount not to exceed: $1,586 c. Jose Villalobos, Visiting Artist Class/Meeting: Vertigo Performance Art Series 2019 Destination: San Antonio, TX Dates: October 9-12, 2019 Amount not to exceed: $150 2. LIQUOR LICENSES a. Damon's Sports Bar and Grill, 2122 Kimball Avenue Class: C Liquor Renewal Application Includes Sunday Page 3 of 196 Expiration Date: 10/4/2020 b. Fairfield Inn & Suites, 2134 LaPorte Road Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 9/30/2020 c. Honey Garden Family Restaurant, 826 LaPorte Road Class: Special C Liquor New Application Includes Sunday Expiration Date: 9/30/2020 d. Rudy's Tacos - Beer Hall - Lava Lounge, 2401 Falls Avenue Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 9/27/2020 3. Recommendation of appointment of Agnes Kress from the Civil Service List to the position of Digital Media Production Assistant in the Technology Services department, effective November 11, 2019. Submitted By: Chris Youngblut, Technology Services Director 4. Cigarette/Tobacco Permit New Application for The Snack Shack, 4335 Texas Street. 5. Bonds. PUBLIC HEARINGS 2. 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 Public Hearing is cancelled and rescheduled for November 4, 2019. RESOLUTIONS 3. Resolution approving a request by CGA Engineering on behalf of BCS Properties, LLC, to approve the Final Plat of Village West 3rd Addition, a 2 lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving Notice of Additional Services, to a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in an amount not to exceed $3,000, in conjunction with the Public Library Exterior Stair Renovation Project, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson , Community Planning and Development Director 5. Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $86,620, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Levee Tree Removal, Contract No. 990, Page 4 of 196 and authorize the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Resolution approving Supplemental Agreement No. 01, to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally executed March 11, 2019, in an amount not to exceed $16,780, in conjunction with the Delane Avenue Storm Water Detention Improvements Project, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 7. Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed $12,150, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Resolution authorizing an exception to the City of Waterloo purchasing procedures policy to approve the purchase of a demonstration 2019 Trackless MT17 Articulating Tractor 60" X 32" diagonal angle sweeper, in the amount of $154,288. Submitted By: Randy Bennett, Public Works Division Manager 9. 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 10. An ordinance increasing the mayor's compensation. Motion to receive, file, consider, and pass for the second 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 third time and adopt said ordinance. Submitted By: Jerome Amos, Jr., Ward 4 Council member 11. 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 third time and adopt the 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. Submitted By: Noel Anderson, Community Planning and Development Director 12. 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 Page 5 of 196 Use of Criminal Record in Hiring Decisions,and repealing Ordinance No. 5515. Motion to receive, file and consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions, and repealing Ordinance No. 5515. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Abraham L. Funchess, Jr., Human Rights Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk 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. Leisure Services Commission minutes of August 13, 2019. 2. Waterloo Housing Authority Board minutes of September 23, 2019. Page 6 of 196 CITY OF WATERLOO Council Communication Minutes of October 14, 2019, Regular Session, as proposed. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk. Office i p ia:piry, Nancy.Approved 9/2'7/2019 ... 4:2,6 i 1 ATTACHMENTS: Description Type D Tlipnnak tea of p.0/i.4/19 Backup .Ma.°anise]. Submitted by: Submitted By: Page 7 of 196 October 14, 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 14, 2019. Mayor Quentin Hart in the Chair. Roll Ca11: Jacobs, Morrissey, Feuss, Klein, Amos, and Juon. Absent: Schmitt. Prayer or Moment of Silence. Pledge of Allegiance: Martin Petersen, City Attorney 156902 - Juon/Amos that the Agenda, as amended by striking item 10, for the Regular Session on Monday, October 14, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 156903 - Juon/Amos that the Minutes, 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. Proclamation declaring October 16, 2019 as Gentleman Day. Proclamation declaring October 14, 2019 as Indigenous People's Day. ORAL PRESENTATIONS Mayor Hart read an email from Mr. Schmitt that was supposed to be read at the October 7, 2019 council meeting regarding the Fair Chance Initiative ordinance. Joyce Wilder, 226 Bates Street, explained that everyone wears a hoodie for either warmth or fashion. She noted that Andrew Wright from Iowa City is doing a fundraiser to provide children in the Waterloo Schools with a hoodie to raise awareness that wearing a hoodie does not make someone a criminal. Kathy Mahoney, 1400 Denver Street, stated she greatly appreciates the proclamation for Indigenous Peoples Day. She explained the history behind Christopher Columbus's voyages to the Americas. David Dryer, 3145 W. 4th Street, thanked the city for the new asphalt on 4rh and Ansborough but does not appreciate that the manholes are lower so that it is bumpy. He stated that there was not audio during the work session, he questioned when public meetings will be held on the Ridgeway Avenue reconstruction, and asked if the City Attorney has a legal opinion about fair chance ordinance. Mr. Jacobs read a letter from the attorney representing the Iowa Association of Business and Industry explaining that the ordinance violates Iowa law. He asked the City Attorney for an opinion on whether or not the ordinance is legal. Martin Petersen, City Attorney, explained that he has been working on the ordinance with Chris Wendland and that the ordinance is not an obvious violation of law. Trade groups will advocate a position, however, the new state law is untested. Mr. Morrissey questioned when and if the CIP has been started and requested that council and the public be allowed input on the projects they want to see. He listed several projects that are a priority for him. Mrs. Kline commented that it is ironic that the city is racing toward a lawsuit with the fair chance initiative ordinance and yet within her first six months in office she was sent to training about how to speak in public to not invite a lawsuit. Mr. Amos commented on the misconceptions that exist with the fair chance initiative including those in regard to law suits, and explained that those concerns will be addressed in the coming amendments with the inclusion of information and wording that will preclude individuals from filing a lawsuit. Page 8 of 196 October 14, 2019 Page 2 Mrs. Juon commented that during the work session there was a discussion about the amendments and she was sorry that all the council members could not be in attendance. 156904 - Juon/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 156905 - Juon/Amos that the following items on the consent agenda be received, placed on file and approved: Mr. Morrisey requested to remove to discussion items 1 A6 through 1A10, 1 B2C and 1 B4 through 6. a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 14, 2019, in the amount of $4,421,714.77, 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. 2019-771. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-772. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-773. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-774. 5. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-775. 6. Resolution setting date of public hearing as November 18, 2019 to approve an amendment to and setting date of consultation with taxing entities as October 30, 2019, and instruct City Clerk ♦o publiGl. notie Resolution adopted and upon approval by Mayor assigned No. 2019 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 taxi% entities as October 30, 2019, and instruct City Clerk to publish notice. Page 9 of 196 October 14, 2019 Page 3 8. Resolution setting drte of public hearing as November 18, 2019 to approve an amendment to the Northeast lndustrirl Arca 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 Resolution adopted and upon approval by Mayor assigned No. 2019 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. Resolution adopted and upon approval by Mayor assigned No. 2019 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. Resolution adopted and upon approval by Mayor assigned No. 2019 1 1 . 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. Resolution adopted and upon approval by Mayor assigned No. 2019-776. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-777. b. Motion to approve the following: a. b. c. d. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Abraham Funchess, Human Rights Director, Rebecca Johnson, HR Specialist, Shelly Burch, Administrative Secretary 2019 Freedom Bus Tour Memphis, Birmingham, Montgomery and Selma November 11-15, 2019 $1,750 Anita Rousselow, Administrative Secretary and Jenna Northey, Intake Project Specialist (Amended) Home Basics St. Paul, MN October 8-10, 2019 $3,170 Nate Alderman, Electrician Common Violations & Industrial Code Update Iowa City, IA November 21, 2019 $145 Lt. McClelland, Sgt. Girsch, Officer Firearms Instructor Re- certification Course Cedar Rapids, IA October 28, 2019 $495 Page 10 of 196 October 14, 2019 Page 4 2. a. b. c. d. e. Rulapaugh Ruth Muller, Property Manager and Ryan Doland, Property and Evidence Technician Evidence Management Ames, IA October 22, 2019 $420 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Karma Bar, 309 W. 4th Street C Liquor w/Outdoor Service Renewal 10/14/2020 x HyVee Wine & Spirits #1, 2126 Kimball Avenue B Wine/C Beer/E Liquor Renewal 11/14/2020 x Guddi Mart, 306 Byron E Liquor Renewal 10/17/2020 x Avenue Casey's 218 Pub, 4010-4018 University Avenue C Liquor/Outdoor Service Renewal 09/30/2020 x 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. 5. Recommendation of appointment of Gary Fleming from the Civil Service List to the position of Solid b. 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. 7. Bonds. Roll call vote -Ayes: Six. Motion carried. 156906 - Morrissey/Feuss Roll call vote -Ayes: Five. Nays: One (Kline on Guddi Mart Application). Motion carried. Mr. Morrissey commented that a constituent requested a brief explanation of the purpose for the projects. Noel Anderson, Community Planning and Development Director, explained that state code requires urban renewal and TIF district plans be updated to reflect development agreements and projects both current and near future. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-778. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-779. Page 11 of 196 October 14, 2019 Page 5 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. Resolution adopted and upon approval by Mayor assigned No. 2019-780. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-781. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-782. 1 B2C. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Guddi Mart, 306 Byron Avenue E Liquor Renewal 10/17/2020 x Mr. Morrissey questioned if there have been any problems at this address which could be cause for denial. Dan Trelka, Chief of Police, explained that all of the requirements have been met to allow for a liquor license to be issued, but an audit is currently under way to ensure the business is meeting the threshold of food sales compared to alcohol. He stated that he will review service calls and let council know. 156907 - Morrissey/Kline To postpone the vote until the audit information on the business is available. Mr. Jacobs questioned if postponing a vote pending the audit results has been done with other businesses. Mayor Hart explained this is the first time a liquor license is up for renewal while an audit is being conducted. Mr. Amos questioned if the license was approved, would council still be able to revoke the license if the audit shows they are in violation. Mayor Hart confirmed and asked how long the audit will take. Dan Trelka stated it could be 30 days. Mr. Morrissey questioned if there would be a problem postponing the approval for 30 days. Kelley Felchle, City Clerk, explained that she was not made aware that an audit had been requested nor that it would be a condition of approval. She further explained the importance of being fair to all applicants and expressed her concern at the proposal to postpone. Mr. Morrissey commented that he will withdraw the motion. Page 12 of 196 October 14, 2019 Page 6 1B4. 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. 1B5. 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. 1 B6. 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. Mr. Morrissey asked if both departments will be at full staff as budgeted with the approval of the recommended appointments. Randy Bennett, Public Works Division Manager, confirmed that both departments would be at full staff if the recommendations to appoint are approved. PUBLIC HEARINGS 156908 - Amos/Feuss that proof of publication of notice of public hearing on rental of four (4) motor graders to support snow removal operations, as published in the Waterloo Courier on September 30, 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. 156909 - Amos/Feuss that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 156910 - 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. 2019-783. 156911 - 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. 2019-784. 156912 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids. Estimate: $128,000 Bidder Bid Amount Ziegler CAT Postville, IA $115,200 Voice vote -Ayes: Six. Motion carried. 156913 - Amos/Feuss that "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 Page 13 of 196 October I4, 2019 Page 7 snow removal operations, 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. 2019-785. 156914 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2020 Levee Tree Removal, Contract No. 990, as published in the Waterloo Courier on September 30, 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. 156915- Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 156916 - Morrissey/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. 2019-786. 156917 - Morrissey/Feuss that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-787. 156918 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $123,700 Bidder Bid Security Bid Amount Vieth Construction Corporation Cedar Falls, IA 5% $86,620 Peterson Contractors, Inc. Reinbeck, IA 5% $118,380 Veracity Excavating, LLC 5% $98,910 Hatch Grading & Contracting Dysart, IA 5% $105,100 Voice vote -Ayes: Six. Motion carried. RESOLUTIONS 156919 - Feuss/Morrissey that "Resolution approving a Development Agreernent and Minimum Assessment Agreernent 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", be adopted. Roll call vote -Ayes: Six. Motion carried. John Sherbon, 1715 Robin Road, explained that this is an existing precedent that will break the city in half. He questioned if every business in town is going to receive incentives and encouraged the city to re-evaluate this process and its priorities. Page 14 of 196 October 14, 2019 Page 8 Rod Lindquist, Vice President of Development, Makenda LLC, explained the project and commented on the increase in employment and revenue for the city. Forest Dillavou, 1725 Huntington Road, commented that he does not support giving T1F incentives to the business as it does not help the taxpayers. Kathy Mahoney, 1400 Denver, requested a clarification of how the TIF works. Michelle Weidner, Chief Financial Officer, provided an overview of how the TIF and incentives work. Mr. Morrissey requested an overview of the development agreement. Noel Anderson provided an overview of the development agreement. Mr. Morrissey questioned if the agreement includes management of the convention center. Noel Anderson explained that management of the convention center will be separate. Mr. Jacobs questioned if the buyer of the hotel has a bank commitment letter on file with the city. Michelle Weidner explained that the city has a bank referral letter to state that they have the capacity to take on the loan. Mrs. Kline questioned if any monies will change prior to receiving the commitment letter. Michelle Weidner explained that the closing is coming quickly and that the city will have more information prior to that happening. Mr. Jacobs questioned if the city would still close if they do not have the bank commitment letter. Michelle Weidner explained that would be up to council and that the city does have a personal guarantee from individual so if the project does not proceed the grant funds would be recovered by the city. Mr. Jacobs asked if a personal guarantee means that a personal financial statement is on file Michelle Weidner explained there is not a personal financial statement on file, but there is the bank reference letter. Mayor Hart asked what happens if the deal does not go through and how will the city be protected. Michelle Weidner explained that the owner is required to repay any grant funds the city pays out and if the hotel is not renovated per the requirements in the agreement, no incentives will be paid. Resolution adopted and upon approval by Mayor assigned No. 2019-788. 156920 - Morrissey/Feuss that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-789. 156921 - Morrissey/Feuss that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Page 15 of 196 October 14, 2019 Page 9 Mr. Morrissey questioned if five years is a typical term and if waste regionalization will impact the contract. Randy Bennett, provided an overview of the contract. Scott Wienands, Nutri-Ject, explained that the contract is for five years and automatically renews. Resolution adopted and upon approval by Mayor assigned No. 2019-790. 156922 - Morrissey/Feuss that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-791. 156923 - Kline/Amos that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-792. 156924 - Kline/Amos that "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", be adopted. Roll call vote -Ayes: Six. Motion carri ed. Resolution adopted and upon approval by Mayor assigned No. 2019-793. that "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", be adopted. Roll call vote Ayes: . Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019 ORDINANCES 156925 - Amos/Morrissey that "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 (1 a), south side in the 2000 block of Coachman Drive", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. 156926 - Amos/Morrissey Page 16 of 196 October 14, 2019 Page 10 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 156927 - Amos/Morrissey that "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", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5517. 156928 - Feuss/Morrissey 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 second time. Roll call vote -Ayes: Six. Motion carried. 156929 - Feuss/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: One (Kline). Absent: Schmitt. Motion failed. 156930 - Amos/Morrissey that "an Ordinance fixing the compensation of the mayor and city council members of the City of Waterloo, Iowa, and rescinding Ordinance No. 4785", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Nays: One (Kline). Motion carried. David Dryer, 3145 W. 41" Street, commented that this question should be a public vote. Mr. Amos provided an overview of why he proposed the ordinance Mrs. Juon commented on the timing for approving the ordinance. Forest Dillavou, 1725 Huntington Road, commented that more public input is needed on this ordinance. John Sherbon, 1715 Robin Road, commented that this ordinance is proposing a 10 percent increase and is not in favor of this increase. Mrs. Juon commented that pay for other cities were looked at for Mayors and city administrators in other cities. Mr. Amos explained that the city needs to pay an appropriate wage for the mayor and commented that the mayor's wages vs a city administrator are two separate topics for discussion. Kathy Mahoney, 1400 Denver Street, commented that the going rate needs to be paid to lead the city. The salary and responsibilities are taken into consideration by the individuals considering running and that it is important for this ordinance to pass. Mr. Morrissey questioned if this issue has been explored sufficiently and commented that the city needs to explore part time vs full time mayor, whether the city needs a city administrator, and that the public needs to be engaged in the conversation. He stated that he does not support the ordinance at this time but does favor a comprehensive examination of mayor and council pay. Mrs. Kline commented that she agreed with the majority of what Mr. Morrissey stated, however, she does not believe council needs to be compensated for serving. She explained that the election is one month a way and that this feels like a political maneuver to increase pay and does not support the ordinance. Page 17 of 196 October I4, 2019 Page 1 1 Mr. Amos commented that he feels strongly that the mayor should be paid commensurate with the duties and that there are some city staff being hired at a higher rate than the mayor. Mr. Feuss requested clarification of the time requirement to adopt the ordinance. Kelley Felchle explained that the ordinance must be adopted prior to November 1st Mrs. Juon explained that there are two separate decisions to be considered. First how to compensate the mayor and then to decide which form of government the city wishes to have. The form of government decision will take much longer to decide and if the public should support a part time mayor, then council can go back and change the salary at that time. She encourages people to look at the issue that is before us now which is solely the salary of our mayor. Mr. Feuss concurs with the need to pay the mayor equal to the job he is doing as the CEO. 156931 - Feuss/Amos To make the salary $94,000. Roll call vote -Ayes: Five. Nays: One (Kline). Motion carried. Mr. Feuss commented that he wants to lower the salary to this rate as it is more in line with Cedar Falls and the fact that he does not have an administrator assisting with duties. Mr. Morrissey commented he wants some sort of assurance that an open discussion will occur to determine compensation, form of government, term of office, etc. He also commented that public input has not been allowed to happen. Mr. Amos commented that there was a petition out at the Cattle Congress for changing the mayor's term to four years and he signed the petition but it did not receive enough signatures. Mrs. Kline commented that the Mayor mentioned to her wanting an increase in his salary about a year ago, she did not believe it was a good idea then, nor does she now. She further commented that the timing of this being so close to an election is problematic. 156932 - Amos/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two. (Jacobs and Kline). Absent: Schmitt. Motion failed. OTHER COUNCIL BUSINESS 156933 - Morrissey/Feuss that 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, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. 156934 - Morrissey/Feuss that Change Order No. 4, in the amount of $3,930.67, in conjunction with the Taxiway Charlie Reconstruction Project, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 156935 - Morrissey/Jacobs that the Council adjourn at 7:08 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle Page 18 of 196 October 14, 2019 Page 12 City Clerk Page 19 of 196 CITY OF WATERLOO Council Communication Proclamation declaring October 26, 2019 as Defeat Hate - Vote Day. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Date 1\/tayor Office Wyatt, VC c.Approved t 0/3/2019 . 5:2,3 P M Clerk.t::btl'.1c i� �y Naaney Approved 10/115/2019.... V 5Il1 ATTACHMENTS: Description Type [ Defeat Hate ...'Vote Day Cover Memo Submitted by: Submitted By: Page 20 of 196 CP • 1 4 0 - 0 4 the National Association for the Advancement of Colored People (N.A.A.C.P.) is the nation's oldest and largest civil rights organization; and its half -million adult and youth members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter registration drives and monitoring equal opportunity in the public and private sectors; and the Black Hawk County Branch of the National Association for Advancement of Colored People was chartered in 1921 and will on Saturday, October 26, 2019, hold its annual N.A.A.C.P Freedom Fund Dinner in Waterloo, Iowa. NOW, ORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim October 26, 2019 • _ T in Waterloo and recognize the N.A.A.C.P. for their role to ensure the political, educational, social and economic equality of minority group citizens and to eliminate racial prejudice. IN , I have hereunto subscribed my name and caused the Great Seal of the City of Waterloo to be affixed this 21' day of October 2019. ATTEST: Ke ley Felcti e City Clerk oNY Quentin Hart Mayor Page 21 of 196 CITY OF WATERLOO Council Communication Proclamation declaring October 20-26, 2019 as Character Counts Week. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, Kc dLra Approved 10/7/2019 ... Clerk 011ie , Higby, Nana ey Approved 10/1 `/20i9 ATTACHMENTS: Description D Cdtiaracier V,...fou iroL Submitted by: Submitted By: Type Cover Meo.no Page 22 of 196 4 • 00, 10 ' 4 4 citizens of good character are a most valuable asset to our community, providing a safe and caring environment where all citizens value and model the principle that CHARACTER COUNTS!; and the Six Pillars of Character include Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship; and the City of Waterloo supports the Cedar Valley Character Counts Committee in its efforts to provide leadership and coordination for the promotion and encouragement of a community -wide character education program for our youth; and with their guidance, we will teach, enforce, advocate and model the six essential pillars of character to our young citizens; and this work will foster greater understanding and cooperation among individuals and organizations of our community to set good examples and address the positive issues that will shape our community's future. NOW, TilI" 0 I I, Quentin Hart, Mayor of the City of Waterloo, do hereby proclaim the week of October 20 — 26, 2019, as COU S in the Cedar Valley. I urge the citizens of Waterloo to become aware of the importance of community -wide character education and show support for the positive character development of youth in our community. For further information visit: www.charactercountsiniowa.org. IN ESS , I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 21" day of October 2019. I 1, ATTEST: elley Fe hie City Cler Quentin Hart Mayor Page 23 of 196 CITY OF WATERLOO Council Communication Proclamation declaring October 21, 2019 as World Polio Day. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, VCR Approved 1 0/144/20IL9 .... 110:58 A.M. Clerk t.:btl'Boe, tiligby, Naaaacy Approved 10/15/20 9... V : 8 PM ATTACHMENTS: Description Type [ World 1'oho Day Cover Menlo Submitted by: Submitted By: Page 24 of 196 CITY OF WATERLOO, I01S1A PROCLAMATION WHEREAS, Rotary is a global network of 1.2 million neighbors, friends, leaders, and problem -solvers who unite and take action to create lasting change in communities across the globe; and WHEREAS, the Rotary motto, ' Service Above Self, inspires .members to provide humanitarian service, follow high ethical standards, and promote goodwill and peace in the world; and WHEREAS, Rotary in 1985 launched PolioPlus and. in 1988 helped establish the 'Global Polio Eradication Initiative, which today includes the World Health Organization, U.S. Centers for Disease Control and Prevention, ..UNICEF, and •the, Bill & Melinda Gates Foundation, to immunize the children of the world against polio; and WHEREAS, polio cases have dropped. by 99.9 percent since 1988 and the world stands on the threshold of eradicating the disease; and WHEREAS, to date, Rotary has contributed more than US$1.9 billion and countless volunteer hours to 'protecting more than 2.5 billion children in 122 countries; and WHEREAS, Rotary' is :working to raise. an additional $50 million per. year, which would be leveraged for maximum impact by an additional $100 million annually from the Bill & Melinda Gates Foundation; and these efforts are providing much -needed operational support, medical staff, laboratory equipment, and educational materials for health workers and parents; and Page 25 of 196 in addition, Rotary has played a major role in decisions by donor governments to contribute more than $8 billion to the effort; and there are over 1.2 million Rotary members in more than 33,000 Rotary clubs throughout the world that sponsor service projects to address such critical issues as poverty, disease, hunger, illiteracy, and the environment in their local communities and abroad; NOW, THEREFORE, 1, Mayor Quentin Hart, do herby proclaim this day, October 21, as the day we celebrate xto POLIO AY and encourage all citizens to join me and Rotary International in the fight for a polio -free world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this twenty-first day of October 2019. ATTEST: y Felch City Clerk Quentin Hart Mayor Page 26 of 196 CITY OF WATERLOO Council Communication Proclamation declaring October 20-26, 2019 as National Lead Poisoning Prevention Week. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, KcndLra Approved 10/144/20149 ... 1 :5 7 A.M Clerk 0Plc, 11 wiry, Naancy Approved 10/1,5/2019.... V : 8 P M ATTACHMENTS: Description D National [.. ' tits oirllirn ntion Week Submitted by: Submitted By: Type Cover N4enn n Page 27 of 196 1 4 4 0 lead exposure to children can result from multiple sources and can cause irreversible and life-long health effects. 535,000 children have been/are lead poisoned in in the United States lead is especially dangerous to children under the age of 6; lead poisoning is preventable; the key is to keep children from coming into contact with lead; there are simple steps that can be taken to protect all family members from lead based -paint hazards in the home; education and awareness about the dangers of lead can help protect the lives of children living in the United States, NOW, 0 i, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of October 20 — 26, 2019, as NATION • POISONING P BE IT FURTHER RESOLVED that citizens and government officials of City of Waterloo shall observe this week with appropriate programs and activities designed to enhance public awareness of lead poisoning prevention and the ways we can protect our families from lead poisoning. IN ESS , 1 have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this 21' day of October 2019. ,I1) ATTEST: Kelley Felchlet Quentin Hart. City Clerk Mayor 11111111111111111 Page 28 of 196 CITY OF WATERLOO Council Communication Recognition of Brian Bowman, Treatment Operations Supervisor/Assistant Director of Waste Management Services, as Wastewater Treatment Operator of the Year. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Date Waste M nagariin. i t man, Approved f0/18/2019 ... :i9 A ATTACHMENTS: Description Type D Press R. na aase Backlit] i M.atea'naal ❑ Ph to Backup Material. Submitted by: Submitted By: Page 29 of 196 IOWA WATER ENVIRONMENT ASSOCIATION REGION I News Release October 4, 2019 Brian Bowman, Treatment Operations Supervisor/Assistant Director of Waste Management Services for the City of Waterloo, was recently recognized as Wastewater Treatment Operator of the Year by the Iowa Water Environment Association at its annual regional conference October 2nd, in Manchester. Bowman was nominated for consideration of this award, along with two other wastewater operations professionals from northeast Iowa, by environmental inspectors from the Iowa Department of Natural Resources regional office in Manchester. Officers from the Iowa Water Environment Association's Northeast Iowa chapter made site visits and conducted interviews with all three nominees. Bowman was selected because of significant career accomplishments within the last year. Last fall he was promoted by the City of Waterloo to his current position of Assistant Director and took on additional responsibilities when his supervisor, the Waste Management Services Superintendent, left in June. In addition to work responsibilities, he studied diligently to expand his knowledge base and passed the certification exam to become recognized as a grade 4 wastewater treatment plant operator. This is the highest level of certification awarded by Page 30 of 196 the Iowa Department of Natural Resources for the water environment profession. Congratulations Brian Bowman, the Iowa Water Environment Association's Region I Operator of the Year! 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City Council Meeting: 10/21/2019 Prepared: 10/11/2019 REVIEWERS: Department Reviewer Action Date pannnning & Zoning Schroeder, An"ic Approved 1.0/16/2019 .... 111: 1 AM Clerk Office 1^°,ven p:,cAnn. Approved. I.0/16/2019 ti) p0AAA_ ATTACHMENTS: Description Type D Staff Report Cover .Memo D1.)vcrview lviap Cover ,Memo D .A.critinl. Map (lover Memo D1..... i>,aol ::)escripotnouu 1.:`cover M.erno D 1'octtures Cover Memo D A.pp1ication (lover M.errno SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Resolution setting date of public hearing as November 4, 2019 to approve the request by the City of Waterloo to rezone 7.4 acres west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District, located west of 420 Harwood 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 the date of public hearing as November 4, 2019, to approve a request by the City of Waterloo to rezone 7.4 acres west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District, and instruct the City Clerk to publish notice. At their July 2, 2019 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. None Page 33 of 196 Source of Funds: N/A Policy Issue: Background Information: Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District. The site was formerly zoned "R-1, R-P" Planned Residence District and has been zoned as such since it was rezoned from "R-2" One and Two Family Residence District on May 9, 2011, but Ordinance 5046 is now being rescinded as part of this rezone request. Thus changing the zoning back to "R-2" One and Two Family Residence District. Rezoning of the land would not have a negative impact upon the surrounding area. The property is located in Zone X (Protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, 19013C0188F, dated July 18, 2011. The applicant is requesting to rezone the former Edison Elementary School site that was demolished in 2017. Currently the site is Zoned "R-2, One and Two Family Residence District with the rescinding of Ordinance 5046 as part of this rezone request. In addition, there were issues with the legal description used to rezone the site, so the entire site is being rezoned to correct the previous legal description, and to allow for future commercial development along Falls Avenue. The proposed "C-P" area is surrounded on three sides by properties that are currently zoned "C-1" Neighborhood Commercial District and "C-1, C-Z" Conditional Zoning Neighborhood Commercial District. The rest of the surrounding area is zoned "R-2" One and Two Family Residence District. The "C-P" Planned Commercial District designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in the site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning Programming and Zoning Commission for a recommendation and subsequently the City Council. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of commercial development to what is compatible with the existing neighborhood, and proper screening. The Planning and Zoning Commission unanimously approved the rezone request at their regular meeting on July 2, 2019. Therefore, staff recommends that the request to rezone approximately 7.4 acres West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Page 34 of 196 Planned Commercial District be approved for the following reasons: Legal Descriptions: 1. The request is in conformance with the Comprehensive Plan for this area through its various requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The rezone area requested will be a Planned District, to allow for the orderly development of land and ensure to the citizenry and City of Waterloo that development will occur as planned and approved. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to: a) Design of Commercial Buildings will be compatible with the surrounding area, and b) That any new commercial development will have a positive impact on the surrounding neighborhood. 2. That development is limited to neighborhood friendly commercial businesses. R-2 to C-P Area Beginning at the intersection of the centerline of Falls Avenue and the centerline of Evergreen Avenue; thence Northeasterly along the centerline of Evergreen Avenue to the centerline of an alley as platted in Galloway Addition abutting Lots 342 thru 348 and Lots 409 thru 415; thence Southeasterly along the centerline of said alley to the centerline of Magnolia Parkway; thence Southwesterly along the centerline of Magnolia Parkway to the centerline of Falls Avenue; thence Northwesterly along the centerline of Falls Avenue to the centerline of Evergreen Avenue and the Point of Beginning R-2 to R-1,R-P Area Beginning at the intersection of the centerline of Bismark Avenue and the centerline of Magnolia Parkway; thence Southerly and Southwesterly along the centerline of Magnolia Parkway to the centerline of an alley as platted in Galloway Addition abutting Lots 342 thru 348 and Lots 409 thru 415; thence Northwesterly along the centerline of said alley to the centerline of Evergreen Avenue; thence Northeasterly along the centerline of Evergreen Avenue to the Page 35 of 196 centerline of Harwood Avenue; thence Northwesterly along the centerline of Harwood Avenue to the centerline of an alley as platted in Galloway First Addition abutting Lots 161 thru 181; thence Northerly along the centerline of said alley to the centerline of Bismark Avenue; thence Easterly along the centerline of Bismark Avenue to the centerline of Magnolia Parkway and the Point of Beginning Page 36 of 196 November 4, 2019 REQUEST: APPLICANT: 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: Request by the City of Waterloo to rezone 7.4 acres West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District. City of Waterloo, 715 Mulberry Street, Waterloo IA 50703 The applicant is requesting to rezone the property West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District to allow for future development at the site. There currently is no proposed project for the site. This area was previously the Edison Elementary School Site. Staff believes this will help redevelop the site in area that is already adjacent to several existing residential and commercial properties. The site is located along the west side of Magnolia Parkway, directly north of Falls Avenue, and along the east side of Evergreen Avenue. Magnolia Parkway and Evergreen Parkway are designated as local streets. Falls Avenue is classified as a collector. There currently is sidewalk on the west side of Evergreen Avenue, the west side of Magnolia Parkway, and on the south side of Falls Avenue. It would appear that the rezone request would not have a negative impact upon vehicular and pedestrian traffic in the area. Sidewalks will be required along street frontages that are missing sidewalk when the area is being developed. There are no trails within the nearby vicinity. A trail is planned along University Avenue, 3 blocks to the south as part of that reconstruction project. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District. The site was formerly zoned "R-1, R-P" Planned Residence District and has been zoned as such since it was rezoned from "R-2" One and Two Family Residence District on May 9, 2011, but Ordinance 5046 is now being rescinded as part of this rezone request. Thus changing the zoning back to "R-2" One and Two Family Residence District. Neighboring land uses and zoning: North — Residential Development, "R-2, One and Two Family Residence District South — Commercial Development, zoned "C-1" Neighborhood Commercial District and "C-1, C-Z" Conditional Zoning Neighborhood Commercial District. East — Commercial Development, zoned "C-1" Neighborhood Commercial District and residential development zoned "R-2" One and Two Family Residence District. W of 420 Harwood Rezone from `R-2" to"R-1, RP" and C-P" Pg0EP37 6f 196 November 4, 2019 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAI N: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: West — Commercial Development, zoned "C-1" Neighborhood Commercial District and residential development zoned "R-2" One and Two Family Residence District. Commercial buildings along Falls Avenue were built between 1946 and 1977. Commercial builds along Evergreen Avenue and Magnolia Parkway were built between 1929 and 1962. Nearby residential buildings were constructed between the 1910s and 1960s. The rezoning of land may require additional screening to the north of the "C-P" portion of the site. Rezoning of the land would not have a negative impact upon the surrounding area. The property is located in Zone X (Protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, 19013C0188F, dated July 18, 2011. Edison Elementary was demolished in 2017 and 2.1 acres of the school site will be set aside as a park. Fred Becker Elementary is located 1 mile to the southwest and Central Middle School is located 1 I/2 mile to the southwest. There is 4" drain tile underneath Falls Avenue; a 8" water main along the north side of Falls Avenue; a 6" water main along the west side of Magnolia Parkway; an 8" sewer main and 21" storm sewer underneath Magnolia Parkway; 4" drain tile and 6" water main underneath Evergreen Avenue; a 6" water main along the south side of Harwood Avenue; and an 8" sewer main in between Evergreen Avenue and Magnolia Parkway that is approximately 150' north of the south property line. The Future Land Use Map designates this area as Parks, Open Spaces, Hospitals, Government Facilities, Public Areas, and Airport. The rezone area is located within a Primary Growth Area. The applicant is requesting to rezone the former Edison Elementary School site that was demolished in 2017. Currently the site is Zoned "R-2, One and Two Family Residence District with the rescinding of Ordinance 5046 as part of this rezone request. In addition, there were issues with the legal description used to rezone the site, so the entire site is being rezoned to correct the previous legal description, and to allow for future commercial development along Falls Avenue. The proposed "C-P" area is surrounded on three sides by properties that are currently zoned "C-1" Neighborhood Commercial District and "C-1, C-Z" Conditional Zoning Neighborhood Commercial District. The rest of the surrounding area is zoned "R-2" One and Two Family Residence District. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill W of 420 Harwood Rezone from `R-2" to'R-1, RP" and C-P" PAtP38 6f 196 November 4, 2019 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth practice, and the installation and extension of utilizes to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning to "C-P" Planned Commercial District will ensure that compatible and sustainable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to C-P" Planned Commercial District is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from a school site to "C-P" Planned Commercial District is done in a way that it is beneficial to neighboring homes. It is staff's goal that any redevelopment of these areas represents the best possible infill commercial sites for economic development activities. These sites need to uplift the neighborhoods, make surrounding neighbors encouraged with their redevelopment, secure that it is helping property values in the area, and create new economic development opportunities for the city, especially for the "C-P" rezone area that is surrounded by commercial uses on three sides. The "C-P" Planned Commercial District designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in the site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning Programing and Zoning Commission for a recommendation and subsequently the City Council. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of commercial development to what is compatible with the existing neighborhood, and proper screening. The Planning and Zoning Commission unanimously approved the rezone request at their regular meeting on July 2, 2019. The applicant is planning to subdivide the property after the rezone has taken place. The Technical Review Committee discussed where the 2.1 acre proposed park site will be located on the former Edison Elementary School site. It was noted that 2.1 acres is still being set aside as a W of 420 Harwood Rezone from `R-2" to'R-1, RP" and C-P" Pg0EP89f6f 196 November 4, 2019 park, but the location will not be determined until a site plan is submitted for the site. STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 7.4 acres West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its various requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The rezone area requested will be a Planned District, to allow for the orderly development of land and ensure to the citizenry and City of Waterloo that development will occur as planned and approved. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to: a) Design of Commercial Buildings will be compatible with the surrounding area, and b) That any new commercial development will have a positive impact on the surrounding neighborhood. 2. That development is limited to neighborhood friendly commercial businesses. W of 420 Harwood Rezone from `R-2" to'R-1, RP" and C-P" Pg0tP4ef 6f 196 City of Waterloo City Council November 4, 2019 Ice I,3 w&_ } N H 0 R-2 0 0 m SHADY LN w 0 0 w o cc Q a DR 00 MAXIN I N z m BISMARK AVE z w I— L m m 0 m MIRADA DR cc TRACEY ~U DR * R-3 tiO , z < j Q II DOWNING AVE 0 �... � R-3, C-Z GARDEN AVE w R=3 1 C-1,Cr C-2 C-2,C-Z MAYNARD AVE BAUCH ST Iz STRATFORD AVE cn J —J w X 0 AVE 03 1 m HARTMAN w J z cc 0 M-1 YNARD AVE UPTON C-2, CZ ANSBOkOUGH Iw F O� U BIARK AVE E R-3 0 JANNEY R-3 ATH ON w SLAND A-1 M-2 JA N N 0 Q y -9 �PNlA4- 0\'P -4 -sow`' ADO E L,,sniz,s V `+. Gsk- A-1 w 3, w 0 uJ w ST UNIVERSITY AVE W. WELLI West of 42o Harwood Rezone from "R-2" to "R-1, R-P" and "C-P" City of Waterloo Page 41 of 196 City of Waterloo City Council November 4, 2019 ' 1'IMIIN 11 Po 11 I11111 111.1llVl;i d i' / 21 BISMARKAVE) r 9 � wxvw 1m� ' 4,1,111111111110101011111111010101011111111111 IIIIII"IIII^^ III"Jliiiiiiilliiillllllhh� ' III �uoli�uullilp1 ��'IIIIIVIvm wNlilwuphhhhmh111100000000010hllu p��ry^iIII pµ II,IIiIIIIIN 0,0 1 i'I'Ijillllll' lil" 'ICI II11 1 I111. pA"ia1u';ww1/1',11,;wvi'b,„c,11"doulM111111,,,,,,d 11111 m w� IIIII pi�� II0" 'I'�Il�illilu�u IQil�l ui��� iilll 00010 v,111111110.. u� „IIIII1 111,11llllllllll �fol' li�lwulllll"'� 41d1'J''I,; VI^pum mqn 1HRH111111P1w1 wyll111V0 1I 1 Il,, qV M1l11111111111111111111111, IN°„''I ,111111 iu IIU� 111,11111111 IV hluuulmmw rI "y hlll'i 61''uulldU R d"IIlllllllllllllllllllllll�il�'>� IHiAilllll II ,^' ullilp°uuwuum 0IN^^^^ li��oilnlllllllwlw 42o Hardwood Avenue Rezone "R-2" to "R-1, RP"and "C-P" City of Waterloo Page 42 of 196 Legal Description for Rezone R-2 to C-P Area Beginning at the intersection of the centerline of Falls Avenue and the centerline of Evergreen Avenue; thence Northeasterly along the centerline of Evergreen Avenue to the centerline of an alley as platted in Galloway Addition abutting Lots 342 thru 348 and Lots 409 thru 415; thence Southeasterly along the centerline of said alley to the centerline of Magnolia Parkway; thence Southwesterly along the centerline of Magnolia Parkway to the centerline of Falls Avenue; thence Northwesterly along the centerline of Falls Avenue to the centerline of Evergreen Avenue and the Point of Beginning. R-2 to R-1,R-P Area Beginning at the intersection of the centerline of Bismark Avenue and the centerline of Magnolia Parkway; thence Southerly and Southwesterly along the centerline of Magnolia Parkway to the centerline of an alley as platted in Galloway Addition abutting Lots 342 thru 348 and Lots 409 thru 415; thence Northwesterly along the centerline of said alley to the centerline of Evergreen Avenue; thence Northeasterly along the centerline of Evergreen Avenue to the centerline of Harwood Avenue; thence Northwesterly along the centerline of Harwood Avenue to the centerline of an alley as platted in Galloway First Addition abutting Lots 161 thru 181; thence Northerly along the centerline of said alley to the centerline of Bismark Avenue; thence Easterly along the centerline of Bismark Avenue to the centerline of Magnolia Parkway and the Point of Beginning Page 43 of 196 Rezone — West of 420 Harwood uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uu__ u11 uuuuuuuuuulul uuuuuuuuuuuuuuuuuuul uu IIIIIIIIIIIIII I II II IIIIIIII III IIIIIIII IIIIIII1111111111111111111IIII ��ul II uuuul uu it IIIIIuu11111 ul ��U uli drill I� IIIIIIIIIII IIIII. u111uV IIIIIII11111d1 III IIII I .... ��� ..... 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IIIII 1IuI I IIIIIII WppllI uu1101111, w IIII10 uu IIIIIIIIII dl IIII u,lllIII IIII IIIIII J111111111111111111111I11Ioo ,^I {III�lplllllap mlhul1111 !IQII I11111IIr,l :171:1 d1V1VNI��N��ll'N'I'0a!illl!'IIV wll111 lll11,111,111,111,111,111,111,111,111,1l1,1lila Illl�et 1'�iIH'HIWIVI ql� Muuuuiiiiuuuuuuuu um uum ullluuuuum uuum 11 II I, u u � u� iiiipl� uuuuuuuuuuuuuuuu� uouuili�liiuuul „III� � � 111111111111111111 II 11 11 I �m IIII ' wl I ' ,NIIIN IIII Iilu�l��l� III �� "why rl � .. Iln,�muluu� IIIIIIII 1111�11 A� I i� Im IIII . „. ! , m iVIII °lv'II,ill„jf' ‘\\I I,V "� �,.., �.��o r Looking east from Evergreen Avenue. �Nlllly�i���lyily�ii''lii11iilii1iiiIiulbl' IIIIIIIIII hW'lilll��IICII.� � IIII ; Ilillq I �qu111h Illil 11111 III II II IIIIIIIII I I I�II I 'ul°IIII', I �,u III!,il�ii ONNI 1 �� 111 �II 11VII�,11111 11111111111�IVII�IIIVV pll IIIII, 1 1I 11111111I I1 II II11 II 11111 .''��,„ 1lmlml VVWI!I I I ululI li i l� m mmm IIVIIIIII""IIIIIIIulllmu°uu°m Looking southwest from the alley. 'Il 1111111111111111111111111 Page 44 of 196 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.2.91.4366 I. APPLICATION INFORMATION: a. Applicant's name (please print): C171 Or WI:TML-C)0 Address:Not_Aco_ Phone: 3)9-Dcli - Li 3 (, Fax: City: WI) 1_,y_c_oc.) State: I Zip: .,c(-) -7 b. Status of applicant: (a) Owner (b) Other (CI IECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: City: State: Zip: 2, PROPERTY INFORMATION: Fax: a. General location of property to be rezoned: 010 ( 5(L‘J oo L 5 b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zokn,g Boundary (Excluding Right of Way): e. Current zoning: k- p Requested zoning: -L f. Reason(s) for rezoning arid proposed use(s) of property: g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request), The filing fee of $300 ± $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request. go hack 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 king their decision. 'Me undersigned authorize City "On.' -Officials to enter the property in questiot o the request. Signature of Applicant ( Date Signature of Owner Date Page 45 of 196 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 4, 2019 to approve the request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site, and instruct City Clerk to publish said notice. City Council Meeting: 10/21/2019 Prepared: 10/11/2019 REVIEWERS: Department Reviewer Action Date Piaabnnirng & Zoning Schroeder, Arne Approved 1.0/116/2019 .... 10* A.IM G.;Ilcrs Office lh gby, .Mmey Approved 10/16/2009 1 0 02 AM ATTACHMENTS: Description Type Stuff Report Cover Menlo t)vejrview lV1.ap:a Cover Memo D Aerial N'lap Cover Merino D P net ores .<1ver Memo D 1...,e gal 1::)e,c-riprtiouu Coven- Memo D Plant: Book P Cover Mlerrno D Vacate Map Cover Memo D Application t`u7ver Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution setting date of public hearing as November 4, 2019 to approve the request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a resolution setting the date of the public hearing as November 4, 2019 to approve the request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site, and instructing the City Clerk to publish said notice. The Planning and Zoning Commission recommended unanimous approval of the request at their regular meeting on March 5, 2019 None N/A Page 46 of 196 Policy Issue: Alternative: Goal 1: Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attaching new employers and cultivating an adequate workforce. Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as city right-o f-way. The proposed vacate would not appear to have a negative impact on drainage. The city is currently working with the school district for a property trade that would see the city take control of the former Edison School site for redevelopment possibilities. It is the opinion of staff that the stub portion of alley will not be needed for right of way can be included as part of the redevelopment project. Therefore, staff recommends the request to vacate approximately 1,113 Background Information: square feet of alley be approved for the following reasons: 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 or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. With the following conditions: That an easement be maintained over, under, and upon the proposed vacate That part of an alley as platted in Galloway Addition described as: Beginning at the Southwesterly corner of Lot 342; thence Southeasterly along the Northeasterly line of said alley to the Southwesterly corner of Lot 343; thence Southwesterly 8 feet along the Southwesterly extension of the Northwesterly line of Lot 343 to the centerline of said alley; thence Southeasterly 40 feet along the centerline of said alley to the Northeasterly extension of the Southeasterly line of Lot 414; thence Southwesterly 8 feet along said Northeasterly extension of the Southeasterly line of Lot 414 to the Northeasterly corner of Lot 414; thence Northwesterly along the Southwesterly line of said alley to the Northwesterly corner of Lot 415; thence Northeasterly to the Southwesterly corner of Lot 342 and the Point Page 47 of 196 of Beginning, subject to the retention of an easement for utilities over, under and upon the above described area. Page 48 of 196 November 4, 2019 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: Request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request by the City of Waterloo to vacate 1,113 square feet of alley. The request to vacate will not have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as city right-of-way. There are sidewalks along the west side of Evergreen, the west side of Magnolia Parkway, the south side of Bismark Avenue, and the south side of Falls Avenue. When the area is, redeveloped sidewalks will be required along all street frontages in the development. The nearest trails, currently under construction, will be the University Avenue Trail located 0.285 miles to the south. The next closest would be the Trolley Car Trail located 0.563 miles to the northwest. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District. The site was formerly zoned "R-1, R-P" Planned Residence District and has been zoned as such since it was rezoned from "R-2" One and Two Family Residence District on May 9, 2011, but Ordinance 5046 is now being rescinded as part of a separate rezone request. Thus changing the zoning back to "R-2" One and Two Family Residence District. Neighboring land uses and zoning: North — Former Edison School Site zoned "R-1, R-P" Planned Residence District. South — Former Edison School Site, residences and commercial zoned "R-1, R-P" Planned Residential District "R- 2" One and Two Family Residence District and "C-1" Commercial District. East — Former Edison School Site zoned "R-1, R-P" Planned Residence District. West — Residences and Commercial zoned "R-2" One and Vacate- Alley Page 1 of 3 Page 49 of 196 November 4, 2019 BUFFERS REQUIRED/ NEEDED: DRAINAGE: 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 — Two Family Residence District and "C-1" Commercial Distrcit 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 1929 and 1960, commercial built between 1929 and 1967. This area is protected by levee as indicated by the Flood Insurance Rate Map No. 1900025 0188F Fred Becker Elementary School is located 0.86 miles to the southwest, Central Middle School is located 1.41 miles to the southwest, and East High School and West High Schools are each 2.30 miles to the east and southeast respectively. Galloway Park is located 0.33 miles to the northwest. An 8" Sanitary Sewer travels along the length of the proposed vacate. A utility easement will need to be retained over the vacated area. The Future Land Use Map designates the area as Parks, Open Spaces, Schools, Hospitals, Government Facilities, Public Areas, Airport, and it is designated that because it is a former school site, and it may need to be amended in the future. The city is requesting to vacate an approximately 1,113 square feet alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School Site. The remaining portion of the alley was vacated by Ordinance No. 1766 adopted on July 26, 1948. The city is currently working with the school district for a property trade that would see the city take control of the former Edison School site for redevelopment possibilities. It is the opinion of staff that the stub portion of alley will not be needed for right of way can be included as part of the redevelopment project. A sanitary sewer line does run through the area being vacated therefore an easement will need to be maintained over the vacated right-of-way. The Planning and Zoning Commission recommended unanimous approval of the request at their regular meeting on March 5, 2019. There will be a separate request to plat the land. Vacate- Alley Page 2 of 3 Page 50 of 196 November 4, 2019 SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate approximately 1,113 square feet of alley 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 or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. With the following conditions: 1. That an easement be maintained over, under, and upon the proposed vacate. Vacate- Alley Page 3 of 3 Page 51 of 196 City of Waterloo Planning, Programming and Zoning Commission March 5, 2019 N 0 0 R-2 0 a MAXINE I N ce a h SHADY LN / w 0 o w 0 � cc ¢ MIRADA DR TRACEY U DR; R-3 L BISMARK AVE z 0 = J m w 0 Z z 2 HI MAYNARD AVE BAUCH ST STRATFORD AVE J J w X a HARTMAN w J Q 0 z cc 0 ���ti,, R-2 _ 0 ' (-5_C K -,¢ T J l O O 0 ¢w >- AVE 1 m DOWNING AVE M-1 ANSBOkOUGH w 0 U YNARD AVE UPTON Y BIARK AVE w w 0 z 7 101 Rp2,C-Z R-2 C-2, CZ R-3 0 cc C-1 �... � R-3, C-Z GARDEN AVE ct w R=3 1 C-1,Cr C-2 C-2,C-Z 0 AVE 1 0 JANNEY C-1,C- R-3 ATH ON w ROCK ISLAND A-1 A-1 M-2 ST 000000, W. WELLI East of Evergreen Avenue Alley Vacate City of Waterloo Page 52 of 196 City of Waterloo City Council November 4, 2019 01i uuii iiil 1111 II "'",,„1111111111 IIIII 14��llliIIIIIIll1w111111"' 11111111111111 IIPl1II�IYII,u 11lu11,1,,1pumuul0 II i 11 1111111 1111111111111010 Igliiil,Il III111111IIII 111 Hp iii111llu111111111111011111;III11111i11111uu11l1llluu1 IIIII"111111111111i1111110 °" 1111 II111111II1Iiiiuuiilli;l�J°iiw""' �ii„auy, II II"i'I lluhll'r", Ylllh'Ilulijlllliiu'uiiii11puuIIIIIIIIII/1U pVI IIIuI� m �JIII �� iuuil11 l III111111III III uu l lllu°I1 V11lol"' Illl lllil;'Ii1111i II IuI �I I111111IIIIIII IIII11111111111111111111111111 IIIIIII'„�''11IIiilll IIiiIIIII1111111111 II " llilllY1uo11111111111 III' 11111111 IIIII II"61 II11li1111HH 10o kMMMti'''u1111111 rl1 ,111 �Id,lVIIlGIllIIlll'dI ,',1'��uMu IIISI�I1i�1'�i' 'II,,I,IilIIIIIIlIIMI°IIm'1Ij1°°°1 '.111.1111.111�.11ug1u 1,1111111111111111111lIli111iiiiiiil ,,,,,uuuuqiIlllllllllllIllllMu �IIII�II' II�I1II 11111111111111111111111111111111111 II IIuM IllllllMlIll1llIlVMN�Il �11ullllllllllNllIDIlq!'iil�lliIII IIIIIIIIIIIIIMIIPMIIIpIMMMIM11111111111 'MMluuI 1 I �1II1III�''1vI i1�jpIli 111111010111111111111111111 IIIIIIIIIII1H1111111111I I 11111u dd111111iiiRi'1Ilu'llll East of Evergreen Alley Vacate City of Waterloo Alley Vacate East of Evergreen Road between Falls Avenue and Harwood Avenue Illllllllllllluuuuuuuuuuuuuuuuuuuuuuu 11 11 u uuu1 IIIII I III IIIIIIIII II I I� IIIIIIIIIIIII II II III III II IIIIIII I II IIIIIIIIIIII I I IIIIIIII II IIII I II III I I IIIII I II II II (IIIII II II IIII II III 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 (IIIII IIII (IIIIIII ul ������ (III11111111111111111111111100II ��II��II��II II (IIIII ����� d II 1 IIIIII I IIIIIII II III IIII(III 1 III I ��� ��IIIIIII . ,.....IIIIIIIIIIII IIII III 116iiii(IIIII IIIII IIIII„1111 I IIIII IIIIIII I, IIm.I,, IIII IIII I u ���IIII � IIIII, I, u,V L �J dI I �� IIII I li II � � I II !!, III .. ��I���IIIulllll �� I Iul �� II � II Iu ! . d uI u �� u IIIIII I III l u I 1 IIII II I „ II. II I I I III I I II w Ilo u I (IIIIIII I II ... aIIII a VR I u f Ilh I, II I u �� II I fIIIII11111111111111111111111111111111111111111111111, I� �I III II III IIIII II III III III � I� IIII II II II f�I I II II II I� uu lu I � I m1111111111111111111111111111111111111111 III III IIII m I III olll III I m III III N! �� III��II.IIII uII III . III (IIIII I III I I I LI III111 ��� II II11 III II I P uwll 111 IIIIIIIII. Illluoil. III I,wwou 011u ,ul l,u iuiu IIIIIIIII�1�� ^',iiIIVVVIIIIVIVNIV�uI4mIIHI�IPV�PI°�IIIIY'vi�pl!i L.ipdv,p,�vIIVIv�Ui1�,1N1!��II,�I��V!IhI h�����Q� yI�I11111ulJmuVV1111," ww II IIIII I (�Illp �" pull , � !�luuuullllllum i��ll�lmh„, uuuuu aiiiiis q4 hq,lli1tlVl ul 1 " YHI1M ,;uu! I " 'MuW!!V11 °1,r,rr" II IIIIIIIIIu u1I�NII61IPIIV;W1 W II IlIllltl IIuopoi, �IIVluu1111 1111,l uu , U I m .,,. it 11I ;I1111am YI)IYIIl,ll1 Looking east from Evergreen Avenue. N" lylyi y1i' 1i11 11111i111i lii1.ii1 111 i u1 bl'I lIIIIIIm 91111111 IIII IIII I 1, "I'I (I m IIIII �gUIIh IIIIIIII IIIIIIIIIIIIII, III III'�I!ilu1lIIl1lf II ll1111 I a111d ���p0� IUIIIiiilll III IIIII lm1� 1 �� �� �I1 11VII�,1111 I1111111111�IVII�IIIVV pll 11111 1 III Illlllp 1 III II 11 1111 lool yw 111mIMI ..um1111111m111m11111 1 M� ��Wlolll�� ulwiP lii Ids , m mmm �p7lli'�oliill „„ �I�ulll�u 1pllil µ; to A1111111111111111111111111111111111P'I°;, IiiipI Looking southwest from the alley to be vacated. Page 54 of 196 Legal Description for Alley Vacate That part of an alley as platted in Galloway Addition described as: Beginning at the Southwesterly corner of Lot 342; thence Southeasterly along the Northeasterly line of said alley to the Southwesterly corner of Lot 343; thence Southwesterly 8 feet along the Southwesterly extension of the Northwesterly line of Lot 343 to the centerline of said alley; thence Southeasterly 40 feet along the centerline of said alley to the Northeasterly extension of the Southeasterly line of Lot 414; thence Southwesterly 8 feet along said Northeasterly extension of the Southeasterly line of Lot 414 to the Northeasterly corner of Lot 414; thence Northwesterly along the Southwesterly line of said alley to the Northwesterly corner of Lot 415; thence Northeasterly to the Southwesterly corner of Lot 342 and the Point of Beginning, subject to the retention of an easement for utilities over, under and upon the above described area. Page 55 of 196 \� v %/; !�. « cocoon, „h „InnInn11111 11 111II Location of proposed vacate of Rock Island Avenue Right-of-way .��� �, ' �^ �^�' ',^a�"� „,• r i'"" mllllll�"��l�^IIUI�llll�ll Ilh ulmiiiomm ...... ry II I ��II,� II ��iloul miul % IIIIII ��IIIIIII1��� ���� Illlill�,/�%/ III II'� r pl J u IIIIIIIIIIII'I"' I 'I I Note Base map data source is Black Hawk County Thus map does not represent a survey no Ilabihry Is assumed for the accuracy of the data delineated herein eltrr expressed or Implied by Black Hawk County the Black Hawk County Assessor or then employees The City of Waterloo makes no warranty express or Imphed as to the accuracy of the Worm.. shown on this map and expressly disclaims Iabbry for the accuracy thereof users should refer to official pats surveys recorded deeds etc located at the Black Hawk County Assessors Office for complete and accurate Information 11 ulll Il�u II.I'I'1III dI,IV",uuuIIIIIIII"'.I 'llll V 911'11111111 p ��mIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIII� IV I�IIIIIIIIIIIIIIIIIIIIIIIIIUII Former Site of Edison School mum .51.111 ' I'i' IIi111'I"Illilil"" �� I„pl Illliil mqur IIIIIpIIII,;iiilllllllllllH1111111, 1II1I111111Ig1u��'1,"",.11lldlullutluil1�lu ul a111 0.1.11 aulluullluuumllll�ii���N'""' Location of proposed easement dedicate I141uu1' Citlj of Waterloo, Iowa 0 I"ql°IIII.wll1 1I V�uI luuld'�"iI uu Tipp lI Voi �oV 'u.111.. uuum IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIp N'Illuiulllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllmlllllllliii1111111 IIL.... �, "ili°eI,I1911Y'Illllk 1i 1 kii;I° III'IIi,,����i ^^I iulio IIIIII lll�l'I, nIIIIIwilIpouul�liw'l o4'u 1 �µW""""""" IIIIIIIIIIIIIIIIIIIII III ulUlll'�����liul I. to Muumud """" uq" V mlVuuuuuuu�uuuuum��' ,uuuuuuuu um IaV„ W+E so I 'age 3 / of 196 100 Feet Applicant: City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 CI Offer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement C:1 Sale of City -Owned Property CI-1`1 Oe kart • .# ddress: 7) 5- rr)(1 '1 S-7 Phone No.: 31719 91"1 3 & General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 01-1, 0-1 —7 gv,/be r N QA) Poenwiz 60 1 5 ()NJ 5 CL- 5 Tor Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($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: udoi4 (ifor.i 0909- 'Tr Other:5. Please Please provide a site,pfan a additio 18-n s 1e reas rial photo of the area to be vacated if the request involves request. 2'1 6), 9 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 58 of 196 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 4, 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, and rescinding Resolution No. 2019-743. City Council Meeting: 10/21/2019 Prepared: 10/15/2019 REVIEWERS: Department Reviewer Pla.nn'onin'ng & on a. Schroeder, Ark:: t;llerpc Office 1pup:by,, Nancy ATTACHMENTS: Description D Overview Map D A.en iap. Map D Staff .R.ep or: D .Pictures D I....and Survey. D➢....,e g ap Description D Application. SUBJECT: Submitted by: Recommended Action: Summary Statement: Action A pprovecd. Approved Type Cover 1Vpeuno r Memo J erfO Cover Memo ver \4.erf0lo over .M.errllo t°over Memo Date V 0/1t/201pi? i0: CD AAA. p0/pus/20IIQ.y.... pp:Q.D7A.i1J Resolution setting date of public hearing as November 4, 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, and rescinding Resolution No. 2019-743. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a resolution setting the date of the public hearing as November 4, 2019 to approve the request by DGOGWaterlooia10032018 LLC (Dollar general) of West Plains, Missouri, to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street between Willow Street and MLK JR Drive, and instructing the City Clerk to publish said notice. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on September 10, 2019. Page 59 of 196 Expenditure Required: Source of Funds: Policy Issue: Alternative: The Council recently took action on this request, however their was an error in the legal description, so the request will need to be re -approved. None N/A Goal 1: Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attaching new employers and cultivating an adequate workforce. Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. The request to vacate a 10' sidewalk easement along Idaho Street would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The area already has an existing sidewalk along Idaho Street that extends southward to the Martin Luther King Jr. Trailhead and Trail. The 10' sidewalk easement is no longer needed for sidewalk or pedestrian purposes due to the fact there is already an existing sidewalk along Idaho Street to the west of the vacate area. Therefore, staff recommends the request to vacate a 10' sidewalk easement (approximately 300 SF) be approved for the following Background Information: reasons: 1. The request to vacate the 10' sidewalk easement 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 or pedestrian traffic in the area. 3. The 10' sidewalk easement is not needed for sidewalk or pedestrian purposes because a sidewalk along Idaho Street EASEMENT TO BE VACATED: ALL THAT PART OF THE SIDEWALK EASEMENT AS DESCRIBED IN BOOK 6 EASE AT PAGE 182 IN THE BLACK HAWK COUNTY, RECORDER'S OFFICE, BLACK HAWK, COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 10.00 FEET OF THE FOLLOWING DESCRIBED PARCEL H PROPERTY: A PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5 TH P.M., AND A PART OF THE EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID Page 60 of 196 Legal Descriptions: SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 105.63-FOOT LONG CHORD BEARING SOUTH 46°28'08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A211.04-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72-FOOT LONG CHORD BEARING SOUTH 12°O1'17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST, 67.54 FEET; THENCE NORTH 70°38' 19" WEST, 164.88 FEET; THENCE NORTH 01°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. Page 61 of 196 City of Waterloo City Council October 21, 2019 IIIIIII,MIII,211111111111111111111111111111111111111111111111,1111111111 IIIIIIIIN�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII011111111111111111111�IIIIIIIIII 111 WEBSTER ST. ADAMS COTTAGE ST SUMNER ST. R-3 IIII�IIIII� WILLOW STlllll. C- 1 1111111111111111111 C-1 , C Z yry„„1„,1„,.)llllll111111 l 1I 1I ALBANY ST R2 . li R-3 R73 Iw 1"M"FOWLERS, T M2 R-2 C-Z, 1 " z ....MULBERRYST R-3,R-P p u p III,I ul.ulllllllllllllllllllulllllllllll I 1 III ALTA VISTA AVE 1 III III III MONROE ST 111111111 POLK ST FRENCH ST 0 N' A-1 NEWELL'ST, IIIIIIIIIIIIIIIII ANTHONY ST 1 DELL w o 0 SOUTH VIEW DR II111,] R-3, R- PROSPECT AVE cr ti EXi m,lll IIIIIIIII IIIIIIIIIMIIIIIIIII JRD A CC LU 0 1 RUTH ST 110 BOWERS ST cc C-2 I "INDEPENDENCE AVE ARK AVE BURNSIDEAVE O rCLIFTONAVE` DREW AVE R-3 ° a ERIC AVE MA.rn TOBA AVE .11111111111111111.11111111111111111111111111111 M-1 A-1 11111111111111111111111111111111111 111111111111111111111111111111111Ud1111.111111111111111 Illlllllllr A=1 II M-1' 111111111111111111111111111 R-3 11111111111111111.11111111 11111111111111111111111111111 z 'r 'a 1111. C-2 A-1 C-1 I. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.A 111111 R-2 ARCHER AVE Al K Idaho Street north of MLK JR. Drive Vacate Sidewalk Easement Request DGOGWATERLOOIA1oo32o18LLC Page 62 of 196 City of Waterloo City Council October 21, 2019 NI IP iwiplp1Vlll1 oolll000moom Along Idaho Street north of MLK Jr. Drive Vacate Sidewalk Easement Request DGOWATERLOOIA1oo32o18LLC Page 63 of 196 October21, 2019 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: Request by the DGOGWaterlooia10032018LLC to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street between Willow Street and MLK JR Drive. DGOGWaterlooia10032018LLC, 1598 Imperial Center, Suite 2001, West Plains, MO 65775 The applicant is requesting to vacate a 10' sidewalk easement along the east side of Idaho Street between Willow Street and MLK JR Drive. The request to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street would not appear to have a negative impact on the neighborhood. The request to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street would not appear to have a negative impact on vehicular traffic in the area as the 10' sidewalk easement is not needed for sidewalk pedestrian purposes. The Martin Luther King Jr. Trailhead and Trail is located just south of the vacate area in question. There is an existing sidewalk immediately west of the proposed 10' sidewalk easement vacate area along Idaho Street. This sidewalk will remain at its present location, but the 10' sidewalk easement is being vacated because it is no longer required. The site has been zoned "C-P" Planned Commercial District since the adoption of Ordinance 4950 on July 27, 2009. North — Residential zoned "C-1" Neighborhood Commercial and "R-2" One and Two Family Residence District. South —Agriculture and the Union Pacific Railroad zoned "R- 3,RP" Planned Multiple Family District. East — Agriculture and Residential zoned "R-2" One and Two Family Residence District. West — Agriculture and Residential zoned "R-2" One and Two Family Residence District and "R-3,RP" Planned Multiple Family District. The request would not require any buffering by ordinance standards. The proposed vacate area would not appear to have a negative impact on drainage. Residential buildings built between 1942 and 2014 and a subdivision built to the north in 1961. 10' Sidewalk Easement Vacate- Idaho Street Page 1 of 3 Page 64 of 196 October21, 2019 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The 10' sidewalk easement vacate area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0193F. The Martin Luther King Jr. Trailhead is located to the south. Expo Alternative School is located 0.51 miles to the south. There is a 15" sewer line and (5) 48" X 50' drainage culverts just east of the vacate area. There is also an 8" water main along the west side of Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. The Future Land Use Map designates the area as Mixed Commercial: Medium to High Density Residential, Professional Office and Compatible Commercial, and this request would be in compliance with such designation. The request to vacate a 10' sidewalk easement along Idaho Street would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The area already has an existing sidewalk along Idaho Street that extends southward to the Martin Luther King Jr. Trailhead and Trail. The 10' sidewalk easement is no longer needed for sidewalk or pedestrian purposes due to the fact there is already an existing sidewalk along Idaho Street to the west of the vacate area. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on September 10, 2019. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate a 10' sidewalk easement (approximately 300 SF) be approved for the following reasons: 1. The request to vacate the 10' sidewalk easement 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 or pedestrian traffic in the area. 3. The 10' sidewalk easement is not needed for sidewalk or pedestrian purposes because a sidewalk along Idaho Street 10' Sidewalk Easement Vacate- Idaho Street Page 2 of 3 Page 65 of 196 October21, 2019 already exists. 10' Sidewalk Easement Vacate- Idaho Street Page 3 of 3 Page 66 of 196 Vacate Request — Idaho Street and MLK Jr. Drive lUuNi�llIl!I'IPiulu, �Follow Hi ddddf 1 I ��IIUN�pp W 0III'011iIIVII ii*t 1 illriiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINnionsonsiiiii 1 Valli' \ '1)' P\ SIIII"' �� ' III HVpl '11111111 , P 011 w mi Looking north along the east side of Idaho Street at the area that is requested to be vacated. m mm 0771"' "' r7 Why um Looking east from the east side of Idaho Street at a storm water inlet and the existing drainage way. mil^iIIIWV 1V l'Y I�Nilill111 0,0000100010100011111111110010 I llmhlllilllUUliminmmiw 1iVd41� �umuIIIIIUUIIIIU� Looking west across Idaho Street at the existing overhead electrical lines. These power lines are not in the vacate area. �;II,"N IN�I�I,II,IJIUIdii Looking east from the area in question at the existing drainage way. Page 67 of 196 Vacate Request — Idaho Street and MLK Jr. Drive 001,1,110011 Looking northwest at the area requested to be vacated. Page 68 of 196 tit(001110# _— (siidw ;x'oa) 133211S OH701 EASEMENT TO BE VACATED: ALL THAT PART OF THE SIDEWALK EASEMENT AS DESCRIBED IN BOOK 6 EASE AT PAGE 182 IN THE BLACK HAWK COUNTY, RECORDER'S OFFICE, BLACK HAWK, COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 10.00 FEET OF THE FOLLOWING DESCRIBED PARCEL H PROPERTY: A PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5 TH P.M., AND A PART OF THE EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 105.63-FOOT LONG CHORD BEARING SOUTH 46°28'08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A 211.04-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72-FOOT LONG CHORD BEARING SOUTH 12°01'17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST, 67.54 FEET; THENCE NORTH 70°38' 19" WEST, 164.88 FEET; THENCE NORTH 01°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. Page 71 of 196 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 CI Offer to Vacate and Purchase City Right -of -Way ca Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement CI Sale of City -Owned Property DGOGWaterlooia10032018LLC 1598 Imperial Center, Suite 2001 Applicant: Address:west Plains, MO 65775 Phone No.: 417-256-4790 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 10' sidewalk easement along the east side of Idaho Street per Exception 4C of the attached survey. Legal description of area to be conveyed, vacated, or encroached: see attached 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): n/a • 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: n/a 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: n/a. 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves addition Constriic s the reason for the request. Applicant Date 8/7726,14 *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 72 of 196 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as November 7, 2019 and date of public hearing as November 12, 2019, in conjunction with the snow removal contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. City Council Meeting: 10/21/2019 Prepared: 10/16/2019 REVIEWERS: Department Reviewer Action Date pa.nnnni00 & /on1 n? Schroeder, Ark:: Approved 10/16/2019 Gfi: f AM Clerk Office ipo iry, Nanncy Approved 10/16/20119 .. i f:09 AA ATTACHMENTS: Description Type D REP for snow removal Cover Memo SUBJECT: Submitted by: Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as November 7, 2019 and date of public hearing as November 12, 2019, in conjunction with the snow removal contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. Submitted By: Noel Anderson,Community Planning and Development Director Recommended Action: Approval Expenditure Required: To be determined Source of Funds: Nuisance abatement Policy Issue: Property Maintenance Background Information: The City of Waterloo through its Dilapidated Housing Task force has acquired approximately 215 properties over the last ten years using Iowa Code 657A. A majority of the properties where demolished with approximately 10 homes being sold with development agreement and rehabilitated. Lots owned by the City of Waterloo must be maintained, including snow removal. This bid will select a snow removal contractor for the lots. Page 73 of 196 CITY OF WATERLOO, IOWA Community Planning and Development Department Notice of Public Hearing on the Proposed Specifications and the Notice to Public Bidders For the 2019/2020 Residential/Miscellaneous Areas Snow Removal Contract. General Description The City of Waterloo has acquired approximately 215 Residential Properties using Iowa Code 657A. This section of the code allows cities to petition the courts for possession of abandoned and dilapidated Residential or Commercial Properties with intent of either selling the properties for rehabilitation or demolition to remove blighted properties from neighborhoods and provide infill lots for new homes, and other improvements that an adjacent homeowner may wish for. Annually, the city sends out Requests for Proposal for snow removal of city owned lots and miscellaneous areas. The bidder shall bid per unit price (per lot/per occurrence price) for all city owned lots. All bidders should know that the list of properties fluxgates as the city is continually acquiring and selling properties. SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 215 Residential lots in accordance with bid specifications. Assigned areas shall have snow removed each time there is a snow event of at least 1 inch, which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the side walk be cleared along the full width of each property (lot) down to the pavement. A good -faith attempt will need to be made to clear down to the pavement. In the event that it is impossible, because of ice or other hazard, then sand or other abrasive material, (such as Ice Melt or another approved product) may be used so pedestrian traffic is safe; particularly along school routes. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, November 7, 2019, until 1:00 P.M., for the 2019/2020 Snow removal season, as described in the plans and specifications now on file in the City Clerk's office and the Planning and Zoning Department. OPENING OF BIDS All proposals received for the 2019/2020 Snow Removal will be opened in the First Floor Conference Room in the City of Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa, on Thursday, November 7, 2019, at 1:00 p.m. After the opening of bids the proposals will be referred to the Planning and Zoning Department for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2019/2020 Residential Lots Snow Removal at the City Council Meeting, Monday, November 11, 2019. The hearing will be held in the City Council Chambers on the second floor of Waterloo City Hall. The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately November 11, 2019 through June 30, 2020. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department with the exception that the required list of adequate equipment available for the proposed project may be submitted as a separate attachment. The bidder shall bid per unit price (per lot/per occurrence price) for all city owned lots and miscellaneous areas. Page 74 of 196 BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the snow removal work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one contract to the lowest responsible Bidder whose bid conforms to the Specifications listed in this RFP and is most advantageous to the City, and the Planning and Zoning Department price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Planning and Zoning Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by the City Clerks office and City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of snow events 1" or more removed from properties that snow removal occurred during the previous month. A detailed bill of completed work must be received and approved by the Planning and Zoning Department for snow removal located at 715 Mulberry St., Waterloo, Iowa before payments will be made. The billing shall include: • Property addresses and/or description of where work was performed • Number of times sidewalks were cleared at each property each month • When salt/sand is used the following shall be provided: o Pounds/tons used including rate per Tons/pounds o Property address(s) or general description(s) of where it was used o Number of applications applied per month Published by order of the City Council of said City of Waterloo, Iowa, on the day of , 2019 City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 75 of 196 CITY OF WATERLOO, IOWA Community Planning and Development Department INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Proposals must be requested in writing via email, letter, fax or telegram, and with sufficient time allowed for a reply to reach all bidders before submission of their bids. Any interpretation or changes made to the RFP will be in the form of an addendum of the Request for Proposals and will be furnished to all prospective bidders. All prospective bidders will receive email notifications of any addendums by the Project Manager. All bidders must acknowledge in the space provided on the Bid Form or by email, fax, letter or telegram acknowledgement of such addendums received by the Project Manager prior to the 1:00 p.m. bid deadline set for the opening of bids. Oral explanations or instructions given before the award of the contract will not be accepted. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Proposals and Notice to Bidders after the exact time set for closing of bids_(Thursday, November 7, 2019, at 1:00 p.m.) will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Proposals and Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. Page 76 of 196 VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance Officer is Rudy D. Jones, Director of Community Development, located at 620 Mulberry Street Suite 202,Waterloo, Iowa 50703,(319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Planning and Zoning Department submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by it in performing the work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re - advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City of Waterloo, or Planning and Zoning Department for a refund. Page 77 of 196 CITY OF WATERLOO, IOWA Community Planning and Development Department GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Planning and Zoning Department. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. Page 78 of 196 General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. Contractor shall not disturb (damage) existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's Liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Worker's Compensation Employer's Liability Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability Automobile Property Damage Liability Limits of Liability Statutory $500,000 $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $5,000,000 $1,000,000 each occurrence Page 79 of 196 CITY OF WATERLOO, IOWA Community Planning and Development Department Bid Specifications for Snow Removal Contract 2019-2020 Beginning (November 11, 2019-June 30, 2020) SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 215 Residential lots in accordance with bid specifications. Assigned areas shall have snow removed each time there is a snow event of at least 1 inch, which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the side walk be cleared along the full width of each property (lot) down to the pavement. A good -faith attempt will need to be made to clear down to the pavement. In the event that it is impossible, because of ice or other hazard, then sand or other abrasive material, (such as Ice Melt or another approved product) may be used so pedestrian traffic is safe; particularly along school routes. All bidders should know that the list of properties fluxgates as the city is continually acquiring and selling properties. PROPERTY SNOW REMOVAL Assigned areas shall have snow removed each time there is a snow event of at least 1 inch, which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the side walk be cleared along the full width of each property (lot) down to the pavement. A good -faith attempt will need to be made to clear down to the pavement. In the event that it is impossible, because of ice or other hazard, then sand or other abrasive material, (such as Ice Melt or another approved product) may be used so pedestrian traffic is safe; particularly along school routes. Only use sand/ice melt in amounts to make pedestrian traffic safe. Do not coat sidewalk with a large amount of sand, use only amounts necessary to make sidewalks safe. All work must comply with the City of Waterloo Codes & Ordinances or contractor shall return to the property and make the necessary correction without additional costs to the City. SITE CLEAN-UP Prior to each snow removal the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snowplow & snow removal operations. This includes adding soil and seeding damaged areas as needed. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Planning and Zoning Department. At no time shall any snow removal equipment come in contact with any privately owned tree or shrub during snow removal. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine whether it is adequate for this snow removal contract. A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder's qualifications. Types of snow removal equipment required for this contract: Walk -behind snow blowers Riding snow blowers Pick-up truck and/or tractor with snow blade Salt & sand applicator Shovels Page 80 of 196 BIDDER: Project Manager: CITY OF WATERLOO, IOWA Community Planning and Development Department 2019/2020 Residential/Miscellaneous Areas Snow Removal Project BID FORM COMPANY NAME ADDRESS: PROJECT MANAGER NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed SNOW REMOVAL, in accordance with the contract documents and for the unit price in place for the following amount: Bid Price: Price per Lot/Area per occurrence for approximately 215 Properties Written Price Per Lot/Occurrence: dollars ($ ) 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. Page 81 of 196 7. The Prime Contractor and Subcontractor(s), which have perfoiined an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment list may be submitted as a separate attachment. 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title Page 82 of 196 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 201 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney -in -fact Page 83 of 196 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S L a }cri/re c' ci vi & swarvti to- before' day of , 2019. S ig-nct tt urea T itLei My &x.pire, Page 84 of 196 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2019/2020 SNOW REMOVALS in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Sub -waxed/ ct vtd/ swam to- lie fo-ram ineJ 61 - day of , 2019. S iAput t,ute/ Tit My e/xpi e Page 85 of 196 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. Page 86 of 196 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date Page 87 of 196 CITY OF WATERLOO, IOWA Community Planning and Development Department 2019/2020 Residential/Miscellaneous Areas Snow Removal REQUEST FOR PROPOSALS The City of Waterloo is soliciting proposals to provide equipment and labor for snow removal from City of Waterloo properties (the "Services") on an per occurrence basis (1" and above). All proposals shall include a complete price quote. Conditions governing the Services are contained in Exhibit "A", the proposed form of Contract, attached to this RFP and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, November 7, 2019 at 1:00 p.m. Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation "SEALED RFP FOR 2019/2020 RESIDENTIAL LOT SNOW REMOVAL," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. Proposals will be opened on Thursday, November 7, 2019 at 1:00 p.m. Central Time in the City Clerk's office at City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the awarded proposal(s). B. SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractor") for the City will be those described in the form of Contract attached hereto as Exhibit "A" and the Specifications, which generally include but are not limited to removing snow and ice from properties on an as -needed basis. C. REQUIRED INFORMATION: 1. See the Waterloo Planning Department bid form. All bids must be submitted on said bid form. 2. Important Exceptions to Contract Documents — The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. Page 88 of 196 3. Incomplete Information — Failure to complete or provide any of the information requested in this RFP may result in disqualification by reason of non -responsiveness. D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "A". 7. In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the City Clerk's Office on Thursday, November 7, 2019. E. MISCELLANEOUS 1. Questions regarding will be directed to Chris Western in the Planning and Zoning Department, 319.291.3820, Monday through Friday from 8:00 a.m. to 5:00 p.m. 2. This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 89 of 196 F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE, WORDS USED INTERCHANGEABLY — The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 5. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 6. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, employees and agents, from and against any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or company whatsoever, including the parties hereto and their employees, that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 7. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract regardless of the exchange rate. All proposal responses must be submitted in English. 8. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 30 days after acceptance and on receipt of an original invoice. 9. MODIFICATION. ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the contract documents and shall be acknowledged and dated on the signature page. 10. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated herein by reference. 11. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 12. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposers will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 13. CANCELLATION - Either party may cancel the contract in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 14. ASSIGNMENT - Proposer shall not assign the contract or any monies to become due thereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 15. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 16. PROPOSAL INFORMATION IS PUBLIC —All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials, officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officials, officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. Page 90 of 196 EXHIBIT A CITY OF WATERLOO, IOWA 2019/2020 Residential/Miscellaneous Areas Snow Removal CONTRACT PROVISIONS This Contract for Snow removal (the "Contract") is made and entered into on November 11, 2019, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Proposals c. Notice of Hearing d. Instruction to Bidders e. Signed copy of Bid f. General Conditions g. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) Contractors will abide by ordinance sections a. 7-1-2B(1) Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the street, it shall be removed by the Contractor. b) In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. c) During snow removal the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal. In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt, or a mixture of both. d) Charges for sand, salt or both will be determined by following: The owner shall be charged $15 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk per residence. If the property is located on a corner lot the owner of the property shall be charged $30 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks. e) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable Page 91 of 196 attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but 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. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing snow removal, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: Page 92 of 196 City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 14. Nothing in this Contract 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, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. 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 as set forth on Exhibit "A" attached hereto. 19. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. IN WITNESS WHEREOF, the parties have executed this Contract for Snow Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Quentin Hart - Mayor Name of Company Kelly Felchle -City Clerk By: Title: Page 93 of 196 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name9 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated this day of , 20 Name of Bidder By: Title: Page 94 of 196 State of ) ) ss County of ) , being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 Page 95 of 196 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, form of contract, etc. setting date of bid opening as November 7, 2019, and public hearing as November 12, 2019 in conjunction with the 5 Sullivan Brothers Convention Center Kitchen remodel, and instruct City Clerk to publish notice. City Council Meeting: 10/21/2019 Prepared: 10/16/2019 REVIEWERS: Department Hwnilding l::�ep arrti SUBJECT: Submitted by: Reviewer unit: i i iily, Naa cy Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action A pproved Date i O/ V7/2019 . 9: d i AM Resolution approving preliminary specifications, form of contract, etc. setting date of bid opening as November 7, 2019, and public hearing as November 12, 2019 in conjunction with the 5 Sullivan Brothers Convention Center Kitchen remodel, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Plans are available in the Clerk's office for review. $600,000 (estimated) Building Maintenance Page 96 of 196 CITY OF WATERLOO Council Communication Recommendation of appointment of Agnes Kress from the Civil Service List to the position of Digital Media Production Assistant in the Technology Services department, effective November 11, 2019. City Council Meeting: 10/21/2019 Prepared: 10/14/2019 REVIEWERS: Department Reviewer linibrmation Service, Youoq,01iud, C'Ilerk Office ppighy, Nancy Action Date .Approved 1 0/14/20 i.9"J ipb CvA .Approved 10/11./201.9... 12`>4 PM ATTACHMENTS: Description Type Jopa p)escriprtnor E ackr.t pr ManteriQii D Civil Service i..Ast Backup Material D Personnel R.egtuiLS? Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Recommendation of appointment of Agnes Kress from the Civil Service List to the position of Digital Media Production Assistant in the Technology Services department, effective November 11, 2019. Submitted By: Chris Youngblut, Technology Services Director Approval This position has been open since the departure of Marc Cashman in May. We have been short a position since then. Page 97 of 196 Submit resume by going to www.cityofwaterlooiowa.com clicking on Job Vacancies, reviewing the Digital Media Production Assistant 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, July 26, 2019. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION DIGITAL MEDIA PRODUCTION ASSISTANT DEPARTMENT WAGE FLSA CIVIL SERVICE BARGAINING UNIT TECHNOLOGY SERVICES $21.35-$23.75 per hour depending on experience/skill set NON-EXEMPT INCLUDED NON BARGAINING GENERAL STATEMENT OF DUTIES Under the general direction of the Cable Television Production Coordinator and Director of Information Technology, performs a wide range of assignments relating to production, operation and programming of public access channels and cable studio as well as City website maintenance and updates No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Creates graphics and writes Public Service Announcements (PSA's) for channels 15 and 17 bulletin boards. 2. Updates the weekly program guide and the program schedules on the bulletin board. 3. Edits government programs. access PSA's and 4. Assists preparing studio for TV productions including set decor, cameras, lighting, mics and teleprompter. 5. Shoots video using field camera at remote sites. 6. Operates switcher, cameras and audio board for government access. 7. Answers questions about the public access studio. 8. Schedules programs for both access channels. 9. Assists public access producers with information and guidance in the production of programs including use of studio equipment and trains new users. 10. Sets up and tears down electronic equipment for studio or remote productions. 11. Maintains and updates City website utilizing content management system (CMS). 12. Works with the public on the telephone and in person. 13. Communicates with and maintains effective working relationships with supervisors, coworkers, elected officials, public access users and the public. Page 98 of 196 14. Works independently and with others with minimum supervision. 15. Regular attendance at the designated place and time is essential. 16. Performs all work duties and activities in accordance with OSHA, Technology Services and City policies, procedures, safety rules and regulations. 17. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of principles, methods and techniques of broadcasting. 2. General knowledge of and ability to use video, audio and other related production equipment. 3. General knowledge of lighting and camera angles. 4. Ability to plan, organize and create cable television productions. 5. Proficiency with Microsoft Office and Adobe Creative Cloud. 6. Ability to utilize a content management system for making website updates. 7. Proficiency with HTML5, CSS, JavaScript and databases such as SQL and Access is preferred. 8. Ability to pass FAA Remote Pilot exam for drone usage within 6 months. 9. Ability to respond to questions from public access users, viewers and website users tactfully and in a clear, concise and easily understandable manner. 10. Ability to communicate effectively and maintain working relationships with other City employees, elected officials, supervisors and the public. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in electronic media or closely related field OR College junior level in electronic media with studio equipment experience OR High school diploma/GED with minimum two years hands-on work experience in electronic media. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Iowa Driver's License and good driving record based on the City of Waterloo driver 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 accidents within a three-year period. An applicant's driving record will be reviewed prior to an Page 99 of 196 offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to communicate effectively with volunteers, student interns, public access users and viewers in person or by telephone. 2. Sufficient sight and depth perception that permits the employee to use cameras; sufficient color vision to adjust color equipment. 3. Sufficient hearing that permits the employee to record, adjust and monitor cable audio equipment. 4. Sufficient personal mobility that permits the employee to operate a passenger vehicle to record off -site programs or outside programs, and to operate a portable video camera, non- linear editing system. 5. Sufficient manual dexterity that permits the employee to operate a computer, video camera and other recording equipment. MISCELLANEOUS 1. Following a conditional offer of employment, the City of Waterloo reserves the right to require 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. 2. 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. 3. Must submit to and pass Civil Service examination procedures including a panel interview. May be required to demonstrate ability to operate cable system and audiovisual equipment. WORK SCHEDULE Work schedule will vary between the hours of 8:00 a.m. and 9:00 p.m. including some Saturdays with a one hour unpaid lunch. Regular work schedule will be determined during hiring process. 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 pointes 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. DIGITAL MEDIA PRODUCTION ASSISTANT DESCRIPTION 19 May 2019 Page 100 of 196 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 September 27, 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 Digital Media Production Assistant for the City of Waterloo, Iowa Information Technology Department. Appointment(s) shall be made from this list for the next year (September 27, 2019 — September 26, 2020). CERTIFIED LIST Agnes Kress Bevan Lucas Nicholas Mussehl Samantha Gaffney Respectfully submitted, Date G'LO eCaldwell Ethel Was ngton Date CS LIST DIGITAL MEDIA PRODUCTION ASSISTANT 19 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 101 of 196 PERSONNEL REQUISITION FORM Check as applicable: LJ To start recruiting or civil service process and/or 14 To fill a vacancy 0 Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: vital Media Production Assistant Department: Technology Services Reports To: Cable Television Production Coordinator Work Location: City Hall Employment Status: 14 Regular Full Time D Temporary Full Time from to 0 Regular Part Tiine Ej Temporary Part Time from to El Regular 7-Month 0 Intern/Co-op Student from to Type of Position; Civil Service Position: Bargaining Position: Bargaining Group: Non -bargaining Position: Yes 0 Yes 0 No Recornmended Recruitment Sources: 0 Internal Posting Only No 0 Internal Posting and External Advertising Yes 0 No Complete the following if the requisition is to fill a vacancy: 0 New Position or r, Replacement Position for: Cashman. (Cable TV Production Assistant) (Specify ny of former incumbent) If replacement, former incumbent: Retired/Resigned/Terminated 0 Transferred 0 Promoted Date incumbent terminated employment: 5/17/2019 Date of final payout: Anticipated start date: No. of hours/week: 40 Work schedule: Varies ' Justification of need for position: Down to 1 person in this department. What are the likely consequences if the position is not filled? Inability to distribute public_meetings via cable access channel as well as produce content for channels. APPROVALS Sz) Annual salary requirements: ° Hourly Rate: I) Qc Benefits: ) 511 (Payroll taxes, pension, health Inc.- assuming family) Is position budgeted for this and future FYs? El Yes 0 No If no, how will position be funded? Approved subject to the following conditions: s- Submitting De m Head Date Chief Financial Officer Date ' Human Resources Committee Chairperson Date Created 6/30/2017 May2 / Human Remote Director Dat Page 102 of 196 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for The Snack Shack, 4335 Texas Street. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Clerk Office iiill!Py, Nancy Approved SUBJECT: Date 10/i6/2019.... 11:43 A Cigarette/Tobacco Permit New Application for The Snack Shack, 4335 Texas Street. Page 103 of 196 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Date EnOneerning Higby, Nancy Approved 11.0/117/201. 9 2:211. ATTACHMENTS: Description Type Bonds for council approval l(L21. .1.9 Backup :Material SUBJECT: Bonds. Page 104 of 196 BONDS FOR COUNCIL APPROVAL October 21, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 W 150360824 RALSTON CONSTRUCTION, INC. PALO, IA Page 105 of 196 CITY OF WATERLOO Council Communication 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 City Council Meeting: 10/21/2019 Prepared: 10/16/2019 REVIEWERS: Department Reviewer Action Gpinning & Zoning C-0,�a n� 11,LAnn. Approved Date 10/16/2019 ... 11:5 % A1V1 SUBJECT: Public Hearing is cancelled and rescheduled for November 4, 2019. Page 106 of 196 CITY OF WATERLOO Council Communication Resolution approving a request by CGA Engineering on behalf of BC Properties, LLC, to approve the Final Plat of Village West 3rd Addition, a 2 lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue, and authorize the Mayor and City Clerk to execute all necessary documents. City Council Meeting: 10/21/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer Action Date h ➢e:inning & Zonin.g Schroeder, Anzio Approved 1.0/➢.6/2019 ➢iD.➢➢ AM. Cperk0p`iic,e i?veun, p:,LAnnn Approved 10/16/2009...1():.(➢AM ATTACHMENTS: Description Staff ➢:1.eport t) verview Map Aerial Map i^a fl Plat Sheet ➢.. 1^"aaaa1 Pant Sheet 2 Ce: 1)e 1,Snuu"Vey .)edicaationu. aiveIr nntract nine of Apphcat of SUBJECT: Submitted by: Recommended Action: Type Cover Memo C"oven:' Memo Cover Memo Cover IVp ernno Cover M.ernno °over M.errio ( EnVer N4lerrllo ( aTVer Menlo ( o•v :An' .M..en.nno Cover Memo Cover Mern.o (."riven" Memo Resolution approving a request by CGA Engineering on behalf of BCS Properties, LLC, to approve the Final Plat of Village West 3rd Addition, a 2 lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Final Plat request at their regular meeting on February 5, 2019. Therefore, staff recommends that the Final 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. Page 107 of 196 Summary Statement: 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 Properties LLC, for the Final plat of Village West 3rd 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 Map • Final Plat • Report of City Engineer • Certificate of Survey • Deed of Dedication • Petition and Waiver • Signed Contract • Signed Easement 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, SO°54'46"E 210.97' TO A POINT ON THE NORTH LINE OF LOT 3 OF SAID VILLAGE WEST 2ND ADDITION; Page 108 of 196 THENCE, S89°05'14"W 425.76' ALONG ANORTH LINE OF SAID VILLAGE WEST 2ND ADDITION TO ANORTH CORNER OF SAID VILLAGE WEST 2ND ADDITION, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF FOUNDATION DRIVE; THENCE, SO°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 109 of 196 October 21, 2019 REQUEST: APPLICANT: 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: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: Request by CGA Engineering on behalf of BCS Properties, LLC for the Final 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 final plat the property in question for the purposes of creating a 2-lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue. The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area has several new industrial and commercial developments. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West Ridgeway Avenue, which is classified as a Minor 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. The Sergeant Road Trail is located to the west along Highway 63. There are plans to extend the Ridgeway Avenue Trail on the south side of Ridgeway Avenue. The area of the proposed final plat is zoned "C-2" Commercial District and was rezoned from "M-2-P" Planned Industrial District and "A-1" Agricultural District on March 7th, 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. Commercial buildings built between 1990 and 2017. No additional buffers would be required as a part of this final plat request. The property currently already has a tree buffer to the east and north. NW of 1850 W Ridgeway Ave. — Final Plat PgdEc1 IV of 196 October 21, 2019 DRAINAGE: FLOODPLAI N: 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: 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 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 the base flood elevation. The nearest schools are Kingsley Elementary located 1.51 miles to 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. A new 8" sanitary sewer main will be extended to the north from a 10" sanitary sewer line underneath West Ridgeway Avenue. West 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. The Future Land Use Map designates this area as Business Park: Professional Offices, Commercial; Compatible Light Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The final plat consists of two lots containing a total of 5.22 acres of land which is located northwest of 1850 West Ridgeway Avenue. The two lots are 3.18 and 1.93 acres in size. Both lots are zoned "C-2" Commercial District. The following information is included in the final plat: Legal Description, Property Lines, Date, Adjoining Subdivisions, Deed of Dedication, Easements, proper lot sequence, Engineer's Certificate of Survey, Petition and Waiver, Signed Engineering Letter, Signed Contract, and Signed Easement Form. The Planning and Zoning Commission unanimously approved the Final Plat at their regular meeting on February 5, 2019. NW of 1850 W Ridgeway Ave. — Final Plat PgdEPilf13of 196 October 21, 2019 STAFF Therefore, staff recommends that the Final Plat for Village West RECOMMENDATION: 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 W Ridgeway Ave. — Final Plat PgdE 11 of 196 City of Waterloo City Council October 21, 2019 ATHENS DR B-P `C) CYCLONE DR ,q' o P� 0 ,v W cc 0 M-2, P M-1 A-1 A-1 R=4 R-3 p (y,PIONEER RD -O J R-2 m Lu U Z W — 5 J DEVONSHIRE DR - I JANE ST R-2,C-Z R-4,C-Z R-1, R-P R-3 SLEY CIR'; 4 PATR/CK, CT} 0 �OQ ' 0�/-7o( cD SON /� �2 0 ,f / Li moo` (- R-1 OLYMP/C DR — West of 1850 West Ridgeway Aveue Final Plat Village West 3rd Addition CGA Engineering Page 113 of 196 City of Waterloo City Council October 21, 2019 ':,1,'',11111'1111'11111111 °11w'w pllllli II1 NI 1111,11 hoddl 111111 I��V "'u, dl "R'�I '° uuutl 'miyi fll I���� ru yimu i�Nmwwu�wwww ua ,� t ���w 11 eni� '„11,11,1 11# 604I ""r0"f''ll„ '!��� mnmfrmI 'I „n„m „,m; „,, rw'„ryo"Mgl ri"a1VIYglu"T°rv+' uhl"Ililli111 110, ' �Ir'�Il��lli�u�l� I,111111'1„ Ii„hull"PI"6,liquy,uupoup1llu"I„luulli1l' IINV'1uuuq 1111u„II RI„Nuln„I„I, 'I'I I u��d������y��������u���IMII'IIIM rypf "P Iplipllyp„ n o i mii,✓IJ"iipu ileum iI„„I„ i YiQ,1n'. 'III"uXll�� tl� miiilimu,llllu nmN 1,40111 0'; wu yI al'm' + INp "y mm WmrmuMl m d u m4ul l ° iu mllullullul1„„„0upl u „ IVIIUVW mp" �Idlo, '4�lJyrml'JI���� NIIniuPill u"u �� In �Ilu" Fry. wry IIIIIIIIIIIIIIIIIIIIIIIIIII III „1111111111MI'll° West of 1850 West Ridgeway Avenue Final Plat Village West end Addition CGA Engineering Page 114 of 196 ZONING INFORMATION: N 0 Z ESCRIPTION ZVL FINAL PLAT Page 115 of 196 N3V913S 9E 0 6f 191=41� LI0 ,vt'ZSl l e, 219V913S 0Z O09 M ZS ES,ON 3AJNO OfJVONI]O.f NOV9135 OZ OU'5LZ COO'SLZ) -. 1,94,45„OS 00'SLZ (3,94,45,.0S)— COO SLZ) 6 5b (AO9L) -. "-'(MZ9E ON) 3 ZS£9eAS 8o 005LZ 009tZ M„Z9E ,,ON (3 C5,5S09) Coo'9La) O0'9l2 M,25,E9 ON 060'Eb L) 60'94l 3„9Z,4OJN 000'OL) (M,6l,VS,,ON) OO'0L M,6Li'SoON a. z Page 116 of 196 A 11%111111 II NO NI E RI 715 Mulberry St. 0 Waterloo, IA 50703 ® Phone (319) 291-4312 Fax (319) 29'1-4262 Email: eity.eugineer@walerloo-ia.org JAMIE KNUTSON, PE City Engineer October 8, 2019 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT VILLAGE WEST 3RD ADDITION Dear Aric: This final 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 final plat be approved. Dennis J. Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 117 of 196 [ERTF|[ATFOFSURVEY |' Jeremy A.Harris, a duly Licensed Land Surveyor in the State of Iowa, do hereby certify that I have made a survey ofproperty tobeknown as: "Vi|laQeWest 31'Addihon^ Section 93-l89N'K1]VY'Waterloo, Black Hawk County, Iowa SAID PROPERTY 6 LEGALLY DESCRIBED AS: VILLAGE WEST 3RD ADDITION LOCATED IN THE SOU-1 HWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4OFTHE SOUTHWEST- 1/40FSECTION 33'TOWNSHIP 89NORTH'RANGE 13WEST OF -THE 5THP.M,|NWATERLOO, BLACK HAWK [OUN[Y'|0VVk MORE PARTICULARLY DESCRIBED A3FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OFACERTAIN PARCEL OF LAND DESCRIBED AS LO[ 1- OF VILLAGE WEST 2ND ADDITION AND RECORDED IN INSTRUMENT' NO, 2019-000O5029|NTHE OFFICE 0FTHE RECORDER, BLACK HAWK COUNTY, |OVVA:THENCE, S89^Vh'08"VV492,19'ALON6THE NORTH FINE OFSAID LOT lTOTHE NDRTHVVESTOORNEROFSAID LOT 1' SAID POINT ALSO BEING 0NTHE EAST RIGHT OFWAY LINE OFUJ.HIGHWAY 63;THENCE, N1^O4'Zh''E 12.93'Ai0N6SAID EAST R|6HTOFWAY LINE; THENCE, N35`I0'l5"E315.5]'AiON5SAID EAST RIGHT OF WAY LINE; THENCE, NA9~06'08"EJ8375';THENCE, N89`05'l4"E]47.93';THENCE, S8^S4'46^E21O.97'T0A POINT ONTHE NORTH LINE 0FLOT ]0FSAID VILLAGE WEST JNnADDITION, THENCE, S89^05'14"VV 425.76'Al-ONG A NORTH LINE OF SAID VILLAGE WEST 2ND ADDITION TO A NOR I H CORNER OF SAID VILLAGE WEST 2ND ADDITION, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF F0UNDATION DRIVE; THENCE, S0~S3'57^F5h.98'ALONGSAID WEST RIGHT O|WAY LINE T0THE POINT OF BEGINNING, CONTAINING 5.Z2ACRES. SUBJECT -TO EASEMENTS AND RESTRICTIONS O|RECORD, |FANY. I FURTHER CERTIFY THAT THE ACCOMPANYING PLAT 15 A TRUE REPRESENTATION OF SAID PROPERTY IN ACCORDANCE WITH MY FIELD NOTES; THAT THE DIMENSIONS OF THE STREETS, LOTS, AND EASEMENTS DEPICTED ON SAID PLAT ARE IN FEET AND DECIMALS THEREOF; AND THAT THIS LAND SURVEYING DOCUMFN_l WAS PREPARED AND RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND -THAT |AK4ADULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER TU[ LAWS OFTHE IT.. fK3VVA . / � Jeremy A.Harris, °O Iowa License Number ZZ259 Mylicense renewal date isDecember 31'Z0l9. Village West 3 m Addition 1/1 Date Page 118 of 196 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 119 of 196 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 120 of 196 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 121 of 196 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 122 of 196 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 123 of 196 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 124 of 196 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 125 of 196 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 126 of 196 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 127 of 196 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 128 of 196 PETITION AND WAIVER THIS AGREEMENT made and entered into by and between the City of Waterloo, Iowa, hereinafter called the City, and the undersigned property owners in said City, hereinafter called the Property Owners, WITNESSETH: WHEREAS, each of the Property Owners is respectively the owner of the tracts of real estate set opposite their names; and, WHEREAS, the City proposes to construct improvements in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective properties hereinafter described opposite their names, the general description and location of said improvements being as follows: See attached Exhibit "A" The properties to be assessed are described as follows: Lots 1 and 2, Village West 3rd Addition, Waterloo, Iowa, NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City shall have the right to cause said above described improvements to be constructed in accordance with in all respects, with such plans and specifications for the above described improvements as it shall deem appropriate. The construction of said improvements shall be under the supervision of a civil engineer registered in the State of Iowa. For the purpose hereinbefore set out, the City may elect to enter into contract for the construction of said improvements as a part of any contract for a public improvement project made pursuant to advertisement for bids done prior to the receipt of this instrument by the Council, if authorized by Section 384.41(2) of the City Code of Iowa. In consideration of the construction of the said improvement, the undersigned Property Owners hereby waive the Resolution of Necessity and publication of Notice thereof, the Resolution ordering the work, the advertisement for bids, and the publication of Notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed against the abutting or adjacent property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property Owners being to authorize and direct said City to construct the said improvement without any of the formalities or legal proceedings required of cities by the statutes of Iowa in constructing like improvements. The express intention of each of the undersigned Property Owners being that said above described improvements shall be constructed as aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed. It is further agreed that said City may make a contract for construction of the above described improvements, as herein provided and that when said improvements have been constructed in accordance with the plans and specifications for the said improvements, to be adopted by the council, that said city by and through its Council may make assessments against the properties of the undersigned Property Owners for the entire cost of the construction of said improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the properties hereinafter described of the undersigned Property Owners, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the undersigned Property Owners hereby expressly waive every objection to said assessment. Said assessment shall be paid by the undersigned Property Owners within the time provided by the laws of Iowa for the payment of special assessments for such improvements. Petition and Waiver Page 1 of 3 Page 129 of 196 The amount and proportion of the cost of said improvements, to be paid by the several Property Owners, shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make such changes or alterations in said assessment as should be made and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the said properties in all respects and with all the effect that they would have pertaining to public improvements to be paid for by special assessments, had been fully observed. Said assessments shall be paid by the undersigned Property Owners within the time provided by law for the payment of special assessments for such improvements, and improvement bonds may be issued by the City payable out of said assessments. Said Property Owners hereby authorize the Council of the City of Waterloo, Iowa, to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owners, or any of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council without petition of property owners, without in any way qualifying this petition or releasing the Property Owners from their obligation to pay the assessments levied against their property for the cost of said improvements. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver. Each Property Owner further agrees to subordinate the sale of any part of his said property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owners agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. 2019. IN WITNESS WHEREOF, we have hereunto affixed our signature this day of BCS Properties, L.L.C. By: 13rent Dahlstrom Its: Manager GAC Real Estate, geA:` Cooley /(: Green State Credit Union filda University of Iowa Community Credit Union By: Its: Petition and Waiver Page 2 of 3 Page 130 of 196 STATE OF IOWA SS BLACK HAWK COUNTY) This record was acknowledged before me on this day of Dahlstrom, as Manager of BCS Properties, L.L.C. STATE OF IOWA SS ILL L. KRA.AYENBRINK. rnmission Number 797477 omrnission Expires 29, 2022 N ARY , 2019, by Brent BLACK HAWK COUNTY) This record was acknowledged before me on this Shday o , 2019, by George A. Cooley, as Manager of GAC Real Estate, LLC, STATE OF IOWA SS BLACK HAWK COUNTY) This record was ackno , as Credit Union. CRYSTAL WISENBACH comMtSSioN NO. 785:374 MY COMMISSION EXPIRES AUGUST 4, 2020 dged before me on this day of , 2019, by of Green State Credit Union f/k/a University of Iowa Community NOTARY PUBLIC. Petition and Waiver Page 3 of 3 Page 131 of 196 CONTRACT This Agreement entered into this day of , 2019, by the City of Waterloo, Iowa, hereinafter referred to as First Party, and BCS Properties, LLC, hereinafter referred to as Second Party. THAT WHEREAS, the Second Party has filed with the City Planning, Programming, and Zoning Commission of the City of Waterloo, Iowa, a final plat which must be approved by the City Council of Waterloo, Iowa, and WHEREAS, said addition is to be known as Village West 3rd Addition, and WHEREAS, it is the desire; of the City Council of the City of Waterloo, Iowa, that sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks be installed throughout said addition and that the streets in said addition be brought to grade acceptable to the Council of the City of Waterloo, Iowa, and that all work above referred to be done under the supervision and direction of a civil engineer registered in the state of Iowa, and WHEREAS, Second Party is unable to complete the installation of said above referred to improvements and the grading of the streets in said addition at this time and desire, in lieu of completion of said improvements to enter into this Agreement with the City of Waterloo, Iowa, providing for the completion of said improvements within a fixed period of time. NOW THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of the City of Waterloo, Iowa, of the above -described final plat, Second Patty at its sole expense, agrees to bring the streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City Engineer of Waterloo, Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks, all in accordance with the preliminary plat, heretofore filed with the City Planning, Programming, and Zoning Commission and with the City Clerk of Waterloo, Iowa, and it is further agreed that the actual construction of said improvements shall be done in the manner provided by law and in accordance with City Ordinances pertaining thereto and under the supervision of a civil engineer registered in the state of Iowa. IT IS FURTHER AGREED, that concurrently with the execution of this Contract Second Party has executed and caused to be filed with the City of Waterloo, Iowa, his request for sanitary sewer, storm sewer, curb and gutter, street paving and sidewalk construction Petition and Waiver of Notice, Hearing and Assessments thereon for the sole purpose of allowing the City of Waterloo to proceed to construct the said public improvements and assess the costs thereof against the benefited property of the addition in the event that the Second Party fails to comply with the provisions of this Contract. IT IS FURTHER AGREED, that said improvements shall be completed no later than the day of , 2019, and the City of Waterloo is hereby specifically authorized to proceed to have any improvement covered by this Agreement completed any time after said date. WITNESS our signatures hereto this Brent Dahlstrom, Manager By: day of ,2019. CITY OF WATERLOO, IOWA By: Mayor ATTEST: By: City Clerk SECOND PARTY FIRST PARTY Page 132 of 196 PLAT OF SURVEY STORMWATER EASEMENT INDEX LEGEND PROPRIETOR: SURVEY REQUESTED FIELD WORK COMPLETED: SURVEY PREPARED BY: fiESPOND TO: JEREMY HARRIS LINE DATA LINE NUMBER BEARING L1 NO°5446W L2 NO°54'46'W L3 N0°59'36W L4 N14“15'39"'E L5 S791827"E L6 S11°5452'W L7 S21°5548"E A 5\0 13 A -NO ,33 FND 1/2'' REBAR w/ BPC #22259 OF THE SW1/4 OF SECTION 33-89-13, BLACK lAWK COUNTY, IOWA GAC REAL ESTATE LLC RCS PROPERTIES, LLC 10/1/201.8 CLAPSADDLE-GARBER ASSOCIATES, INC, 16 EAST MAIN STREET, P.O. BOX 754, MARSHALLTOWN, IOWA 50158 +IONE 641-752-6701 LHARRIS@CGACONSULTANTS.COM DISTANCE 49.95' FND 1/2" REBAR w/ BPC #22259 V IN EST 2ND ADDITION INSTR 112019 0000502.9 END 1/2 REBAR w/ BPC #22259 SOUTH LINE SW 1/4 SW 1/4 DESCRIPTION SEE SHEET 2 OF 2 275.00' 33.64' 111.71' 78.29' 105.07' 19.14' ^^~ STORMWATER MANAGEMENT EASEMENT 0 81 ACRES 070 /7) 8 N87°54'32E 246.48' V// FND 1/2 REBAR w/ BPC #22259 LOT 2 FND 1/2 REBAR w/ YPC #8033 321.49' S89°0514'W LOT 3 FND 1/2REBAR w/ BPC #22259 FND 1/2 REBAR w/ BPC #22259 SOUTH LINE SE 1/4 SW 1/4 SW CORNER SE 1/4 SW 1/4 SECTION 33-89-13 FND MAG SPIKE POINT OF COMMENCEMENT 411.07' N89°0533"E 9 :# L7 FND REBAR wl BPC #22259 POINT OF BEGINNING fFND 1/2 REBAR w/ YPC #13033 W EST RI DGEW AY AV 17NUE FND 1/2 REBAR [_ w/ YPC #12086 911.49' S89°05331/11 S1/4 CORNER SECTION 33-89-13 FND MAG SPIKE MISC BOOK 293-517 FND 1/2 REBAR w/ YPC #8033 LEGEND: A GOVERNMENT CORNER MONUMENT FOUND A GOVERNMENT CORNER MONUMENT SET 1/2" x 30" REBAR w/BLUE PLASTIC ID CAP #22259 • PARCEL OR LOT CORNER MONUMENT FOUND 0 SET x 30' REBAR w/BLUE PLASTIC ID CAP #22259 ( ) RECORDED AS NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. N SCALE 1=150' 0 150' BCS PROPERTIES SURVEY BLACK HAWK COUNTY I hereby certify that this land surveying document was prepared and the related survey work wa,Lperformed by me or under my direct personqlsoporViiOn and that I am a duly Licensed Professiooal-taird Survey r under the laws of the State of Iowa. jef "er y JEREMY A. HARRIS, PLS date Iowa License Number 22259 My License Renewal Date is December 31, 2019 Pages or sheets covered by this seal: SHEETS 1 OF 2 AND 2 OF 2 C p addle -Garber Associates, Inc 16 East Main Stoat Marshalltown, Iowa 50158 Ph 641.752-670/ www.cgaconsuitants.00m DRAWN SHEET NO. GAG 1 OF 2 DATE PROJECT NO 4-29-2019 55093.05 J 35939 ha negorvey‘dwg3.3339 3 $9999399 0ra3erneeu 0 133e Easeineaff9fp Ma &of, 99 79 f 9 33,99 439288 Page 133 of 196 DESCRIPTION A PARCEL OF LAND LOCATED IN PARCEL "J" AND PARCEL "A" IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 89 NORTH, RANGE 13 EAST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE, N89°05'33"E 411.07 ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE, N0°54'46'"W 49.95' TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE, POINT ALSO BEING THE SOUTHEAST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED AS VILLAGE WEST 2ND ADDITION AND RECORDED IN INSTRUMENT NO. 2019-00005029 IN THE OFFICE OF THE RECORDER, BLACK HAWK COUNTY, IOWA; THENCE, CONTINUING NO°54'46"W 275.00' ALONG THE EAST LINE OF SAID VILLAGE WEST 2ND ADDITION TO THE NORTHEAST CORNER OF SAID VILLAGE WEST 2ND ADDITION, SAID POINT BEING THE POINT OF BEGINNING; THENCE, S89°05'14"W 321.49' ALONG THE NORTH LINE OF SAID VILLAGE WEST 2ND ADDITION; THENCE, NO°59'36"W 33.64'; THENCE N87°54'32"E 246.48; THENCE, NO°51'10"W 200.12', THENCE, N14°15'39"E 111.71'; THENCE, S79°18'27"E 78.29; THENCE, S11°54'32"W 105.07; THENCE, S3°02'47"W 211.08'; THENCE, S21°55'48"E 19.14' TO THE POINT OF BEGINNING CONTAINING 0.81 ACRES Clapsaddle-Garber Associates, Inc 16 East Mere Sheet Ma nnainown, Iowa 50156 Ph641- 52-6701 www.cgaconsultents..00m DRAWN SHEET NO. CAO 2OF2 DATE PROJECT NO. 4-29-2019 5509 3.05 805500 :0411106000,10ag05509 3 Starmwmer Marraper272 011.rvite 1 i. mil NI,- 01.29.09 2330.. 4442 Page 134 of 196 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) t . APPLICATION INFORMATION: a. Applicant's Name (please print): CAA- E.1461Werzrz..5 Address: It. E. M .1LJ Sr. Phone (Fait . (,pits_ City: Miaist.5w.,cA.-t tea State; IA- Zip: VP i 3 b. Status of Applicant: (a) Owner___ (b) Other y9 (CHECK ONE): If other explain: C. Vie 4/M%R c, Property Owner's Name if different than above (please print $CS VIZPP 16.51 1_t_[. Address: So 14 GL A \' �r Phone: City: ¢ t,A..S, State: tP Zip: 5o6:4 2. PROPERTY INFORMATION: a. b. c. d. e. f. Name of Plat: V 1 i-L{4.C,s^ L,Eur „ Artzmarlog General Location of Property: NM Area of Proposed Plat: y 72- Ale-R e..S Area of Proposed Plat to be dedicated/conveyed to the City:�.29 •4CR� S Value of area to be dedicated/conveyed to the City: Zoning District(s): rr2 t j vE_ C•tA-L ezi+ W/r ' AUE. 3. OTHER DOCUMENTATION: a. b. c. d. e. $a Miry .D 3-25-,14 wi Date of Prelitninary Plat Approval: P&Z City Council Six (6) copies of the Final Plat which are in conformance wi It Section I 1-3-3 of the Subdivision Ord. Four (4) copies of Deed of Dedication (2 must be original si natures) Four (4) copies of all Petition and Waiver forms (2 must be i riginal signatures) Four (4) copies of Certificate of Survey (2 must be original s gnatures) Fttvm.. Fyn IkaPP. PUBLIC IMPROVEMENTS a. b. Are you requesting participation by the City in any improve If yes specify why and for what for? ents? Yes No x c. Costs: X Estimate Actual Total Cost Storm Sewer $ Sanitary Sewer $ Paving $ Land Dedicated $ 98, ytb TOTAL $ The Request Fee of $215 + $10 per lot (payable to the City of W refundable. Under no condition shall said sum or any part thereof be r approved. Any major change in any of the information given will requ process, with a new Request Fee, The undersigned certify under oath ail information on this request and submitted along with it is true and be used by the Waterloo Planning, Programming, and Zoning Commis making their decision. The undersigned authorize City Zoning Offi in regards to the request. Si�attt a bf Applicant 1,iy l� Date Requested City Share $ erloo) is required. This fee is non - funded for failure of said request to be e that the request go back through the nd under the penalties of perjury that orrect. All information submitted will ion and the Waterloo City Council in cats to enter the property in question Signatu e of Owner Date Page 135 of 196 CITY OF WATERLOO Council Communication Resolution approving Notice of Additional Services, to a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in an amount not to exceed $3,000, in conjunction with the Public Library Exterior Stair Renovation Project, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/21/2019 Prepared: 10/17/2019 REVIEWERS: Department Building Q)e,r Clerk Office fiee SUBJECT: Submitted by: Recommended Action: Background Information: Reviewer AIhIIIhe0il:o, GJreg LeAni Action Approved Approved Date i0/1' /2019 .... 4:4 p�M i0/0 7/20i9 ... 5:38 PM Resolution approving Notice of Additional Services, to a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in an amount not to exceed $3,000, in conjunction with the Public Library Exterior Stair Renovation Project, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson , Community Planning and Development Director Approval Additional Design and Coordination (scope change) for the retaining walls & buried vault. Page 136 of 196 CITY OF WATERLOO Council Communication Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of S86,620, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Levee Tree Removal, Contract No. 990, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 10/21/2019 Prepared: 10/14/2019 REVIEWERS: Department Reviewer Action Date 1 ungpnnaee 'nrng Knutson, Jlrtarrnua, Approved i0/14/2019...1:p4 0M. Clerk Office 1^',vcna p:,LAnn Approved 10/16/2009.... AM ATTACHMENTS: Description Type D I3'Tabula' • n .Backup 1I\/i ttteriaai SUBJECT: Resolution approving award of hid to Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $86,620, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Levee Tree Removal, Contract No. 990, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Expenditure Required: $86,620 Source of Funds: GO Bonds Page 137 of 196 FY 2020 Levee Tree Removal, Contract No. 990 Estimate: $123,700.00 Bidder Bid Security Bid Amount Vieth Construction, Corporation Cedar Falls, IA ° 5 /o $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 138 of 196 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 01, to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally executed March 11, 2019, in an amount not to exceed $16,780, in conjunction with the Delane Avenue Storm Water Detention Improvements Project, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/21/2019 Prepared: 10/15/2019 REVIEWERS: Department Reviewer Action Date Knuutson, ,11 arplic Approved i0/I5/2009 G G:.. 6 A.M p:,cAom Approved I0/I6/201p9.. O ` AM_ ATTACHMENTS: Description Type Stanley' SUppAgeementNo➢ Del anL 1)a::tcntuun Cover Memo SUBJECT: Resolution approving Supplemental Agreement No. 01, to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally executed March 11, 2019, in an amount not to exceed $16,780, in conjunction with the Delane Avenue Storm Water Detention Improvements Project, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: Storm Water Fee Background Information: Supplemental Agreement No. 01 is for Stanley Consultants to investigate more options for basin sizing and locations Page 139 of 196 SUPPLEMENTAL AGREEMENT NO. 01 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC (Consultant) and CITY OF WATERLOO (Client) amends their agreement of March 11, 2019, for Consultant to provide services to the Client for the Delane Avenue Storm Water Detention Improvements Project, as follows: Scope of Services Analyze additional alternatives to include: 1. Improve downstream conveyance 1.1 Twin 10'x6' box culvert (1977 study recommendation) 1.2 Twin 6'x'5' box culvert (this matches existing size of box under US 63) 1.3 Parallel 60" pipe (install parallel pipe using approximately the same sizes as existing) 2. Detention with downstream conveyance 2.1 Devonshire park (off-line) 2.2 Devonshire park plus school property (off-line) 3. Detention only 3.1 Devonshire park (off-line) 3.2 Devonshire park plus school property (off-line) 3.3 Devonshire park plus cemetery plus upstream City property (on-line) 3.4 Multiple detention basins (on-line) (upper at cemetery area and lower at Devonshire park) 4. Improve upstream conveyance / bypass Devonshire storm sewer to downstream conveyance Document findings and results for each alternative in a report. Recommend up to three alternatives with description of each alternative, a concept sketch and estimate of probable construction cost. Provide draft report in PDF format for review and respond to comments and then issue a final report. Time of Beginning and Completion Beginning October 21, 2019. Ending November 30, 2019 Fees and Payments Hourly Basis for Labor a Not -to -Exceed Amount of Sixteen Thousand Seven Hundred Eighty ($16,780.00) dollars. Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated March 11, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. Daniel R. Fullerton, P.E. Client Service Manager Date: 10/15/2019 Attest: By: 7 Wendy Diekema By: Date: Attest: By: 28839 CityofWaterloo DelaneDetentionReview SuppAgree01 SC3881 1014 Page 140 of 196 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed $12,150, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 10/21/2019 Prepared: 10/15/2019 REVIEWERS: Department Reviewer Action Date Knutson, Jl rtar:ra_oe• Approved '10/15/2019 i P M p:,cAdm Approved 10/16/20119 .. t(i `,7AM ATTACHMENTS: Description Type D Corn 922 Sup:ap:rAw". r-n6 nt/4o Cover Memo SUBJECT: Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, lowa, originally executed October 10, 2016, in an amount not to exceed $12,150, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Expenditure Required: $12,150 Source of Funds: IDOT SWAP Funding and Storm Water Fees Background Information: HRG has completed the hydraulic analysis and it is believed that a 3 sided culvert is the best option. Terracon's proposal was for only one boring and HRG has requested additional geotechnical for this structure. Page 141 of 196 rE October 14, 2019 Jamie Knutson, P. E. City of Waterloo 715 Mulberry Street Waterloo, IA 50703 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. 2705 University Avenue P.O. Box 898 Waterloo, Iowa 50704 Fax 319/235-0028 319/235-6294 RE: Hammond Ave. Bridge Replacement Dear Jamie: We are enclosing herewith three (3) copies of the Supplemental Agreement No. 3 for Council approval on the above Project. Please return one (1) signed copy. Very truly yours, WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. William J. Claassen, P. E. WJC/dad Enclosures (Folder\Mise Corres \Jamie Knutson -supplemental No 3-Hammond Ave Bridge-1.1tr) Page 142 of 196 Supplemental Agreement No. 3 to the Hammond Ave. Bridge Replacement Project Professional Service Agreement between the City of Waterloo, Iowa and Wayne Claassen Engineering and Surveying, Inc. PROJECT: Hammond Avenue Bridge Replacement 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 10/02/2017 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: B. Final Engineering Phase Task 5. Geotechnical Services. Revise this task to include additional geotechnical services for a three -sided precast culvert as outlined in the attached Terracon Consultants, Inc. proposal P13185047R1. Task 10. Asbestos and Paint Testing of Existing Bridge. This task includes subcontracting the sampling and testing of the existing bridge components as required by IAC 567 Chapter 23, Emission Standards for Contaminants. This is required prior to demolishing the existing bridge. The attached Terracon Consultants, Inc. proposal P13197090 outlines the scope of this task. Tack 11. Structural Design of Three -Sided Precast Culvert. This task includes subcontracting the structural design of the proposed three -sided culvert as outlined in the attached proposal from HR Green, Inc. Page 1 of 2 Page 143 of 196 2. Settlement for cost of work to be made as follows: Task 5. Supplemental Agreement 1 included a fee of $3,950 for geotechnical services which will now not be provided. The estimated fee for the expanded geotechnical services scope of services is $14,050 to $16,100. Thus, the net increase included in this Supplemental Agreement 3 for this task is a not to exceed amount of $12,150. Task 10. This task increases the Basic Services Amount by $900.00. Task 11. This task increases the Basic Services Amount by $36, 500. The Professional Services Agreement is increased by $49,550 by this Supplemental Agreement 3 to a total of 5133,550. 3. All other sections of said existing Agreement remain unchanged. CITY OF WATERLOO APPROVED: BY: WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. BY: Quentin Hart, Mayor of Waterloo William J. Claassen, President ATTEST BY: ATTEST BY: Kelley Felchle, City Clerk Denise DeLeon, Secretary Date Date Page 2 of 2 Page 144 of 196 Task 5. Geotechnical Services Page 145 of 196 October 10, 2019 Wayne Claassen Engineering & Surveying, Inc. 2705 University Avenue Waterloo, Iowa 50701 Attn: Mr. Bill Claassen, P.E. P: (319) 235 6294 E: claassen@cwcesinc.com Re: Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert Waterloo, Iowa Terracon Proposal No, P13185047R1 Dear Mr. Claassen: lferracon Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this revised proposal to Wayne Claassen Engineering & Surveying, Inc. (WCES) to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Exhibit B Exhibit C Project Understanding Scope of Services Compensation and Project Schedule Our estimated unit price fee to perform the scope of services described in this proposal is $14,000 to $16,100. Refer to Exhibit C for details of our proposed fee. Authorization for Terracon to proceed in accordance with this proposal can be issued by signing and retuming a 'pdf file of the attached Agreement for Services to Jason.Heinz@terracon.com. Sincerely, Terracon Consultants, Inc. Gregory M. Decker, E.I. Staff Engineer son Heinz, P.E. Department Manager Geotechnical Services Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, Iowa 50613 P (319) 277-4016 F (319) 277-4320 kerracon,com Environmental Facilities Geotechnical Materials lierracon Reference Number: P13185047 AGREEMENT FOR SERVICES This AGREEMENT Is between Wayne Claassen Engineering & Surveying, Inc. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Hammond Ave Culvert project ("Project"), as described in Consultant's Proposal dated 10/10/2019 ("Proposal"), Including but not limited to the Protect information section, unless the Protect is otherwise described in Exhibit A to this Agreement (which section or Exhibit is Incorporated Into this Agreement). Scope of Services. The scope of Consultant's services is described In the Proposal, Including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is Incorporated into this Agreement). Portions of the Services may be subcontraoted. Consultant's Services do not Include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety Issues, such as vulnerability to natural disasters, terrorism, or violence. If Services Include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and Information obtained by and furnished to Consultant at the time of the Services. S. Acceptance/ Termination. Client agrees that execution of this Agreement Is a material element of the consideration Consultant requires to execute the Services, and if Services are Initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee, 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are Issued. Fees do not Include sales tax. Client will pay applicable sales. tax as required by law. Consultant may Invoice Client at least monthly and payment Is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, end shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant Incurs, Including attorney fees. Consultant may suspend Services for lack of timely payment, It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If It is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, Including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN :THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. . Indemnity/Statute of Limitations. Consultant and Client shall Indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. in the event such claims, losses, damages, or expenses are legally determined to be caused by the Joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to Its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend Is hereby created by this Indemnity provision and such duty Is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, Indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the protect. . Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Insurance. Consultant represents that it now carries, and will continue to carry: (I) workers' compensation insurance in accordance with the laws of the states having Jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (II) Page 1 of 2 Rev, 5-19 Page 147 of 196 lrerracon Reference Number: P13185047 commercial general liability Insurance ($1,000,000 occ / $2,000,000 agg); (Ili) automobile liability Insurance ($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of Insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue Its remedies at law. Thls Agreement shall be governed by and construed according to lowa law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on Togs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration Is not provided unless specifically Included In the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures Indicate conditions only at the depths, iooations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and fleid observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed In accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and Inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise In the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the Identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate govemmentai agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance, 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultants property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 18. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are Incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. Consultant: By: Name/Title: Terracon Consultants. Inc. (Ate: 10/10/2019 son P. Helm / Depart bnt Manager I Oeotechnlcal Services Address: 3105 Capital Way, Ste 5 Cedar Palls, IA 50613-7030 Phone: (319) 277-4016 Fax: (319) 277-4320 Email: Jason.Heinz©terracon.com Client: By: Wayne Claassen Engineering & Surveying, Inc. Name/Title: Bill Claassen / President Date: Address: 2705 University Ave PO Box 898 Waterloo, IA 50704.0898 Phone: (319) 235.6294 Fax: Email: ciaassen©wceslnc.com Page 2 of 2 Rev. 5-19 age : o 196 Revised Proposal for Gaotauhn|co|Engineering Services Hammond Avenue Culvert w Waterloo, Iowa EXHIBIT A.PROJECT UNDERSTANDING Irerracon Our scope of services is based on our understanding of the project as described by WCES and the expected site conditions described in the following tables. Aspects of the project that are undefined orassumed are highlighted. We request the design team verify this information prior to our initiation of field exploration activities. Site Location and Anticipated Conditions ME Site Location The project iglocated south of the intersection of E.Orange Road and Hammond Avenue |nWaterloo, Iowa Latitude: N42.4262°.Longitude: VVQ2.3373° Existing Improvements Existing bridge with possible underground utilities Existing Topography Based on the topographic site plan provided by VVCES, the surface elevation ofthe highway atthe existing bridge iuabout 8A4feet. Expected Subsurface Conditions Our experience |nthe vicinity ofthe proposed improvement and geologic maps indicates subsurface conditions consist of fill over alternating o|ey and sand layers. Planned Construction � VER Proposed Construction The project includes replacing the existing concrete bridge with a three - sided culvert or pre -cast concrete box culverts. The road will bnwidened and paved atalater date. The length ufthe culvert |nexpected tobeabout 60 feet greater than the existing bridge. Potential Foundation Systems Geotechnical evaluation will be performed for the feasibility of supporting the culvert on shallow foundations, Geobanhnica| recommendations will also be provided for steel piles. IFor the, purposes of estimating boring 'depthsd our foe, the borings will be extended to depths such that an ,individual, nominal pile capacity of 240 kips can be achievedl� Responsive Resourceful Reliable EXHIBIT A - PROJECT UNDERSTANDING 1of1 Page 149 of 196 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert ■ Waterloo, Iowa October 10, 2019 ■ Terracon Proposal No. P13185047R1 EXHIBIT B - SCOPE OF SERVICES lierracon Our proposed scope of services consists of subsurface exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Services Subsurface Exploration: The subsurface exploration will generally follow applicable portions of the Iowa Department of Transportation's (laDOT) requirements. Terracon's proposed subsurface exploration program includes the following: 2 90 or practical auger/bit refusal Culvert Area 1. Below existing grades Boring Locations and Elevations: We recommend WCES stake the boring locations and provide the locations and surface elevations of the borings to us. Subsurface Exploration Procedures: We will advance the borings with a rotary drill rig using continuous flight augers and mud -rotary drilling methods. Sampling will be performed using a split barrel sampler or thin -walled tubes at intervals of 2.5 feet in the upper 20 feet of the borings and at intervals of 5 feet thereafter. In the thin -walled tube sampling procedure, a thin -walled, seamless steel tube with a sharp cutting edge is pushed hydraulically into the soil to obtain a relatively undisturbed sample. In the split -barrel sampling procedure, a standard 2-inch outer diameter split -barrel sampling spoon is driven into the ground by a 140-pound automatic hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18-inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT values, also referred to as N-values, are indicated on the boring logs at the test interval depths. We observe and record groundwater levels during and after drilling and sampling. In some instances, groundwater observations may not be made because drilling fluid or water are used for drilling and/or rock coring, which makes groundwater level observations during and after drilling potentially unrepresentative. The boreholes will be backfilled after completion for safety purposes. Terracon's exploration team prepares field boring Togs as part of standard drilling operations. The field logs include sampling interval depths, penetration resistances, and other relevant drilling and sampling information. Our field logs also include visual descriptions of materials encountered during drilling and the drill crew's interpretation of subsurface conditions between samples. The Responsive • Resourceful ■ Reliable EXHIBIT B • SCOPE OF SERVICES 1 of 5 Page 150 of 196 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert mWaterloo, Iowa Irerracon samples are placed inappropriate containers and transported toour laboratory for further testing and classification. Our engineering staff and the drill crew communicate during the exploration. If the soil conditions encountered appear to be unfavorable or nnorginm|, we modify our subsurface anp|nraUnn while we are on site. If additional fees app|y, we contact the client for authorization, prior to performing any additional services. Site Access and Property Disturbance: VVeconsidered that the site and boring locations can be accessed using our truck -mounted equipment. Te[racoO pe[80DD8| will take re8SVn8b|8 measures tVlimit the amount Vfdamage b}the property. However, some damage b]pavements and rutting ofthe ground surface could occur. Please note that our scope of services and fee do not include services associated with reparations Vfdamage. |fsuch services are desired bythe owner/client, we should be notified so we can adjust our scope of services. |tiaimportant that Terracon be granted access to the site (or legal right of entry) by the property owner. Please notify Terracon if arrangements have not been made for subsurface exploration on the property. At least 3 days advanced notice will be provided to WCES of our intent to notify Iowa One Call and then perform the subsurface exploration. VebackfiUour boreholes with auger cuttings and bantonitechips after completion. Ou[services donot include repair ofthe site beyond banhfUingour borehulea. Any excess auger cuttings are dispersed inthe general vicinity nfthe borehole. Because baokO||material often settles below the surface after period, we recommend bonaho|en be checked periodically, and bookf|||ed if necessary. We can provide this oarviu*' orgrout the borehu|aofor an additional fee, upon request. Terraoon is currently not aware of environmental concerns at this project site that would create health or safety hazards associated with ourfield exploration program. Thus, the estimated fee includes our exploration team using standard Pmno0na| Protection Equipment (PPE) for gnutnnhnina| drilling including hand hats, safety Q|aaeeo, hearing pnotenUon, high visibility veoto, and steel -toed boots. Our scope of services does not include environmental site assessment men/i000' but identification of unusual or unnatural nlgto[ie|s encountered vvh||e drilling and/or sampling will benoted onour logs and discussed |n our report. We anticipate performing the borings through or near the shoulder of the existing roadway. We considered that traffic control, consisting of flagmen to allow one lane of the roadway to nanno|n open, will be required for the exploration. Signs will be used to notify motorists of work in the right-of-way. T8rracVnVNU notify |0YVa One Call to [HqU8St location and OOGdkiDg Ofpublic utilities at least 48 hours prior to performing borings/excavations. We will C0n8U|t with the owner/client regarding Responsive Resourceful mReliable EXHIBIT 8'SCOPE OFSERVICES 2cfS Page 151 of 196 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert • Waterloo, Iowa October 10, 2019 ■ Terracon Proposal No. P13185047R1 lferracon potential private utilities, or other underground hazards. Based on the results of this consultation, we consider the need for alternative subsurface exploration methods, as the safety of our exploration team members is a priority. Any private utilities should be marked by the owner/client prior to commencement of subsurface exploration. Terracon will not be responsible for damage to utilities that are incorrectly marked or not made aware to us. If there are any site restrictions or special site and/or exploration requirements, these should be made known to Terracon prior to commencement of field services. Laboratory Testing The project engineer reviews field data and assigns laboratory tests to better understand the engineering properties of various soil strata. The actual types and number of tests cannot be defined until completion of field work. Procedural standards noted below are for reference to methodology in general. In some cases, local practices and professional judgement require method variations. Standards noted below include reference to other related standards. Such references are not necessarily applicable to describe the specific test performed. ■ Description and Identification of Soils (Visual -Manual Procedure) ■ Laboratory Determination of Water (Moisture) Content of Soil by Mass • Unconfined Compressive Strength of Cohesive Soil • Laboratory Determination of Density (Unit Weight) of Soil Specimens • Atterberg Limits • Sieve analysis w/ P200 • Corrosivity Suite: • pH Analysis (ASTM G51) • Chloride, Sulfate, and Sulfide Content Oxidation -Reduction Potential • Electrical Resistivity Testing Our laboratory testing program also includes observation of recovered soil samples by an engineer. Based on the texture and plasticity of the soil, we describe and classify samples in general accordance with the Unified Soil Classification System (USCS). Samples recovered during the subsurface exploration will be retained in our office for a period of 60 days after submittal of our geotechnical engineering report so that additional testing can be performed upon request. Responsive ■ Resourceful ■ Reliable EXHIBIT B - SCOPE OF SERVICES 3 of 5 Page 152 of 196 Revised Proposal for Geoteohn|oo|Engineering Services Hammond Avenue Culvert mWaterloo, Iowa Engineering and Project Delivery Irerracon Results of the field and laboratory programs are evaluated byecivil/geotechn|ca|engineer licensed by the State of Iowa. The engineer will develop a Qooteohnima| site ohonantarizoton, perform the engineering calculations necessary to evaluate foundation alternatives, and develop appropriate geotechnical engineering design criteria for earth -related phases of the project. Your projectisdelivered using our GeoReport system. Upon initiation, vveprovide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes o calendar to track the schedule, an interactive site map, a listing of team members, access tothe project docunnentnoatheyareup|oadedtotheoite.and000||abonaUon portal. Atypical delivery process includes three basic stages: Project Planning Site Characterization (Gui|.Groundwater, and Lab Geotechnical Engineering When oenioma are nompleto, we upload o 'odf file of the geotachnioal engineering report. Previous submittals, collaboration, and the report are maintained inour system.This allows future reference and integration into subsequent aspects ofour services, as the project goes through final design and construction. Gmotechnicm| Engineering Report: The gentmohn|ca| engineering report will include end/or address the following: • General site and project deeorotion • Site and Boring Location diagrams • Stratified boring logs with field and laboratory data • Subsurface exploration procedures • Descriptions Ofsoil and groundwater conditions observed • GeOt8ChniC@|design recommendations for box culverts including: ~ 8ubgnadepreparation recommendations ° Suitable imported material types and bedding ° Pi|| compaction requirements ° Minimum ennbednnantofor frost protection = Anticipated suitable bearing depths ° Ultimate/nominal bearing pressure ° Estimated total and differential settlement for aservice pressure ° Ultimate coefficient Offriction ° Lateral earth pressures Responsive uResourceful m Reliable EXHIBIT B'SCOPE OFSERVICES 4cf6 Page 153 of 196 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert ■ Waterloo, Iowa October 10, 2019 ■ Terracon Proposal No. P13185047R1 lierracon • General foundation construction considerations ■ Geotechnical design recommendations for driven steel piles, including: • Nominal side resistance and tip resistance with embedment « laDOT structural resistance level (SRL) • Estimated downdrag loads with depth, if applicable • General driven pile construction considerations ■ AASHTO (seismic) site classification S4 Milestone: The purpose of the S4 is to provide final soil -related items for structures. The report will be submitted to WCES and laDOT Soils Design for review and comment. We anticipated preparing one preliminary and one final S4 report for the culvert. The S4 will include the following: • Project information • Computer -generated boring logs for the culvert borings with soil stratification based on visual classifications and laboratory test results, and soil layer descriptions for the USCS and 1aDOT LRFD design tables. ■ Symbolized results for the drilling and testing in laDOT format added to digital drawings to create a soils plan -and -profile sheet • Supplemental Report of Structure Soundings for each culvert boring Please note that Terracon will require the project stations and offsets and existing ground surface elevations at each boring location. We will also require digital files/drawings in MicroStation v8i (SS4) format for use with our geotechnical reports and drawings. Responsive ■ Resourceful ■ Reliable EXHIBIT B - SCOPE OF SERVICES 5 of 5 Page 154 of 196 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert a Waterloo, Iowa October 10, 2019 ■ Terracon Proposal No. P13185047R1 lierracon EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our scope of services outlined in Exhibit B, our estimated unit price fee is $14,000 to $16,100. Please note that our fee will be based on actual services performed in accordance with the following unit rates or other mutually agreed -upon fees. 6Y�fr: P For�-' '�� � �� wi rg,VIg ,g,g,f l! 4, .5. ,. .,, , M a o e e a o e 0 a9 pp Pre -task Planning 1 - 1 lump $250.00 $ 250.00 - 250.00 Locations and Elevations of Borings* hour $125.00 $ - - - RotaryDrlllRig &Support Equipment 2 - 2 day $650.00 $ 1,300.00 - 1,300.00 Drilling and Sampling (0-20 ft.) 40 - 40 foot $11.00 $ 440.00 - 440.00 Drilling and Sampling (20-40 ft.) 40 - 40 foot $12.00 $ 480.00 - 480.00 Drilling and Sampling (40-100 ft.) 80 - 120 foot $13.50 $ 1,080.00 - 1,620.00 Borehole Backfill/Abandonments 100 - 140 foot $2.00 $ 200.00 - 280.00 Traffic Control Flaggers (subcontractors) 2.0 - 2.0 day $650.00 $ 1,300.00 - 1,300.00 Traffic Signs (subcontractor) 2.0 2.0 day $250.00 $ 500.00 500.00 Drilling Supervisor 1.0 - 1,5 hour $90.00 $ 90.00 - 135.00 *byWCES ESTIMATED FIELD SERVICES SUBTOTAL Subtotal $ 5,640.00 - 6,305.00 $ 5,650.00 to $ 6,300.00 ABOaTO S 'E VIa,fi *a gib •: , . , At t!o e o to nl a t a,. I?, ;s � A ,. ? t F dg10:.f , Boring Log Stratifications 1.0 - 1.5 hour $75.00 ,$ 75.00 - 112.50 Water Content Test 26 - 30 each $6.00 $ 156.00 - 180.00 Atterberg Limits Test 1 - 2 each $125.00 $ 125.00 - 250.00 Sieve Analysis w/ P200 1 - 2 each $125.00 $ 125.00 - 250.00 Dry Density Determination 8 - 12 each $7.50 $ 60.00 - 90.00 Unconfined Compression Test 8 - 12 each $17.50 $ 140.00 - 210.00 'Corrosiit/Suite 2 - 2 each $350.00 "$ 700.00 - 700.00 ESTIMATED LABORATORY SERVICES SUBTOTAL Subtotal $ 00 - 1,792.50 $ 1,400.00 to $ 1,800.00 jq p� RINGR,, ,t ...e.<.Ya.. n. , ... .a «t ,. , , r a �.. "" :. B e b .@ a ! p �- �.®. e o i Y6i .a gr o n . 'C . ? ,,a rra . ,. �r e ..,� a' '� t`* c��*•' ''{«ate, �::* •r, '. trrpp4 a : eYM T�..i. � fi e a e 1[r,�4 .✓'�+ �� Senior Geotechnical Engineer/Project Manager, P.E"* 16.0 18.0 hour $150,00 $ 2,400.00 - $ 2700.00 Geotechnical Engineer / Project Manager, P.E. 28.0 - 32.0 hour $125.00 $ 3,500.00 - $ 4000.00 Draftsman/CADD 10.0 - 12.0 hour $90.00 $ 900.00 - $ 1080.00 Administration and Secretarial SeMces 3.0 - 4.0 hour $60.00 $ 180.00 - $ 240.00 **2 hours of consultation/telephone conference time Included ESTIMATED ENGINEERING SERVICES SUBTOTAL Subtotal $ 6,980.00 - $ 8020.00 $ 7,000.00 to $ 8,000.00 0 Responsive • Resourceful ■ Reliable EXHIBIT C • COMPENSATION AND PROJECT SCHEDULE 1 of 2 Page 155 of 196 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert • Waterloo, Iowa October 10, 2019 Terracon Proposal No. P13185047R1 lrerracon Unless instructed otherwise, we will submit our invoice(s) to the addressee of this proposal. If conditions are encountered that require scope of services revisions, we will contact you for approval, prior to initiating any additional and/or alternate services. A supplemental proposal stating the modified scope of services, as well as its effect on our fee, will be prepared. Terracon will not perform additional services without authorization from Wayne Claassen Engineering & Surveying, Inc. Project Schedule We developed a schedule to complete our geotechnical scope of services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field services beyond our control, such as weather conditions, permit delays, or lack of permission to access the boring locations. In the event our proposed project schedule is inconsistent with your needs, please contact us so we may consider alternatives to meet your schedule. Poo epo, age imef Am fro ' tj o ono Project Planning 1 to 2 weeks Site Characterization 4 weeks Geotechnical Engineering 6 weeks 3 S4 Milestone T.B.D. 3 1. Upon receipt of written authorization to proceed, we will activate the schedule component of our GeoReport website with anticipated dates for the delivery points noted above, as well as other pertinent events, such as exploration crews on -site, etc. 2. We will maintain a current calendar of activities within our GeoReport website. In the event of a need to modify the schedule, the schedule will be updated to help the project team maintain a current awareness of our plans for delivery. 3. In order for Terracon to provide the Report of Structure Soundings, we will require project boring location information. For the S4 Milestone submittal, TS&L files will be required from WCES. We estimate that 3 to 4 weeks will be required to complete our S4 after receipt of the updated files. Any changes to the design will affect our schedule. Timely receipt of base drawings, electronic files, design information, and Client contract authority, response to questions, submittals, and review will be needed. Responsive ■ Resourceful • Reliable EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE 2 of 2 Page 156 of 196 Task 10. Asbestos Survey and Paint Testing of Existing Bridge Page 157 of 196 lrerracon October 8, 2019 Wayne Claassen Engineering & Surveying, Inc. 2705 University Avenue Waterloo, Iowa 50701 Attn: Mr. Bill Claassen, P.E. P: (319) 235 6294 E: claassen(a cwcesinc.com Re: Proposal for Asbestos Survey and Paint Testing Hammond Avenue, Black Hawk County, Iowa Terracon Proposal No. P13197090 Dear Mr. Claassen: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to provide asbestos survey and paint testing services for the above referenced bridge in Black Hawk County (County), Iowa. This proposal outlines our understanding of the project, and our proposed scope of services, performance schedule, terms and conditions, and fees for our services. 1.0 PROJECT INFORMATION 1.1 Commitment to Safety Terracon has a 100% commitment to the safety of all its employees. As such, and in accordance with our Incident and Injury Free® safety culture, Terracon will review health and safety needs for our employees on this specific project. Anticipated safety concerns could include uneven terrain, remote site conditions, water hazards, and animal, insect, or toxic plant exposure. It may become necessary to provide additional measures to improve the safety of our employees, at additional cost, to reduce the risk for personal exposure. In the event the County is aware of specific safety concerns for the project site, Terracon respectfully requests notification of such concerns prior to mobilization. 1.2 Site Location and Project Description Location Existing site conditions Description , The bridge is located south of the intersection of East Orange Road and Hammond Avenue south of Waterloo, Iowa. Latitude: N42,4262°, Longitude: W 92.3373° Existing 3 span pre -cast concrete panel bridge approximately 193 feet in length with metal bracing and concrete piers. Removal of the existing bridge and replacement with a new structure. Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, IA 50613 P [319] 277-4016 F [319] 277-4320 terracon,com Environmental Facilities Geotechnical Materials 158 of 196 Proposal for Asbestos Survey and Paint Testing Hammond Avenue Bridge Replacement ■ Black Hawk County, Iowa October 8, 2019 ■ Terracon Proposal No. P13197090 2.0 SCOPE OF SERVICES Task 1 — Asbestos Survey and Paint Sampling lierracon Asbestos survey and paint sampling services have been requested for the referenced bridge. Terracon will mobilize a State of Iowa licensed asbestos inspector to conduct an asbestos survey of the bridge as required by Iowa Department of Natural Resources (IDNR) Iowa Administrative Code (IAC) 567 Chapter 23, Emission Standards for Contaminants. Terracon will conduct a visual assessment of the bridge to identify materials suspected of containing asbestos (suspect ACM) such as, but not limited to, utility conduits, rocker pads, waterproofing membrane between Portland cement concrete (PCC) and hot mixed asphalt (HMA) overlay (if present), reclaimed HMA that may have incorporated reclaimed shingles in the mix, and PCC that may have used asbestos fibers in the mix. Suspect materials will be physically assessed for friability and evidence of damage or degradation. Samples of suspect ACM will be collected for laboratory analysis. Bulk sample collection will be conducted in accordance with the sampling protocols outlined in US Environmental Protection Agency (USEPA) 40 Code of Federal Regulations (CFR) 763- Asbestos. Sample collection will result in some isolated damage to bridge materials; however, attempts will be made to limit such damage to the extent necessary for sample collection. Terracon will not be responsible for repair or touch-up of sample locations. In addition, Terracon will not perform sampling that requires demolition or destructive activities such as knocking holes in the bridge deck, dismantling of equipment, or removal of protective coverings. Reasonable efforts will be made to access suspect materials on the subject bridge. However, Terracon personnel will not attempt to sample materials in areas of restricted access (i.e., confined spaces) or beneath bridge decks that are not safely accessible. EMSL Analytical, Inc. (EMSL), an analytical laboratory accredited under the National Voluntary Laboratory Accreditation Program (NVLAP), will analyze bulk material samples by visual estimation using polarized light microscopy (PLM). Terracon anticipates collecting up to 9 bulk asbestos samples. In addition, Terracon will collect up to 3 paint samples from the bridge. If more than one color is visible on the bridge, one sample will be collected from each color. The samples will be submitted to EMSL for analysis of total lead and total chromium. Task 2 — ACM Survey and Paint Sampling Report Terracon will prepare a report that will include the sampling methods and the results of the survey. The report will describe the number, type, the location of suspect samples collected, the analytical results, the estimated quantity, and the condition of materials identified as ACM or lead/chromium- containing paint. No drawings depicting the location and extent of ACM or estimates of ACM Responsive ■ Resourceful • Reliable 2 Page 159 of 196 Proposal for Asbestos Survey and Paint Testing Hammond Avenue Bridge Replacement Black Hawk County, Iowa October 8, 2019 ■ Terracon Proposal No. P13197090 lrerracon removal costs will be provided unless specifically requested in advance by Wayne Claassen Engineering & Surveying, Inc. (Client). Unless otherwise instructed, an electronic pdf of the final report will be submitted to the address indicated herein. Schedule — The above scope of services may begin within five working days following receipt of the executed Agreement for Services. Conditions/Items to be provided by the Client and County for ACM and paint sampling services include: • The legal right -of -entry to conduct the assessments. • Any restrictions or special access requirements regarding the site shall be made known to Terracon prior to site mobilization. • Client will provide, if available, existing bridge plans in PDF format. • Any known environmental conditions at the site (i.e., hazardous materials or processes, specialized protective equipment requirements, unsound structural members, etc.) shall also be communicated to Terracon prior to site mobilization. 3.0 COMPENSATION Based on the environmental scope of services, we propose the following fee. Asbestos Survey and Paint Sampling $900 lump sum Additional samples, if required, will be invoiced at $15/sample for asbestos and $57/sample for total lead and total chromium. The Client will be notified if additional samples are required. Our invoices would be submitted upon completion of our services to the addressee of this proposal unless we are notified otherwise. 4.0 AUTHORIZATION This proposal may be accepted by signing the attached Agreement for Services and emailing it to Dave Cleary at Dave.Cleary(c�terracon.com. This proposal is valid only if authorized within 90 days from the proposal date. Responsive • Resourceful ■ Reliable 3 Page 160 of 196 Proposal for Asbestos Survey and Paint Testing Hammond Avenue Bridge Replacement mt Black Hawk County, Iowa October 8, 2019 Ki Terracon Proposal No. P13197090 lierracon We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inc. Dave C. Cleary, REM Environmental Department Manager Copies to: Addressee (pdf) Attachments: Agreement for Services Cindy A. BaIdwin, CIH, FAIHA Senior Industrial Hygienist Responsive To Resourceful Reliable 4 Page 161 of 196 lierracon Reference Number: P13197090 AGREEMENT FOR SERVICES This AGREEMENT is between Wayne Claassen Engineering & Surveying, Inc. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Hammond Avenue Bridge project ("Project"), as described in Consultant's Proposal dated 10/08/2019 ("Proposal"), Including but not limited to the Project Information section, unless the Protect Is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services Is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is Incorporated Into this Agreement), Portions of the Services may be subcontracted, Consultant's Services do not Include the Investigation or detection of, nor do recommendations In Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services Include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and Information obtained by and furnished to Consultant at the time of the Services, 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms It contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3 Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued, Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may Invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5 Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product Is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. ti LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $10,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party In proportion to Its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty Is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, Indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Insurance. Consultant represents that it now carries, and will continue to carry: (I) workers' compensation insurance in accordance with the laws of the states having Jurisdiction over Consultant's employees who are engaged In the Services, and employer's liability insurance ($1,000,000); (ii) Page 1 of 2 Rev. 5-19 Page 162 of 196 Trerracon Reference Number: P13197090 commercial general liability Insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability Insurance ($1,000,000 B.I, and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations Is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration Is not provided unless specifically included In the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures Indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled In order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or Injury shall be brought against Consultant by Client or any third party unless all tests and Inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Unless otherwise stated In the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for Its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, Including Client, Client's contractors, subcontractors, or other parties present at the site. Consultant: Terracon Consultants, Inc. Client: Wayne Claassen Engineering & Surveying, Inc. By: By: Date: Dave C. C e ry, REM/ Env Name/Title: Name/Title: Bill Claassen / Department Manager Address: 3105 Capital Way, Ste 5 Address: 2705 University Ave PO Box 898 Cedar Falls, IA 50613-7030 Waterloo, IA 50704-0898 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 235-6294 Fax: Email: Dave.Cleary@terracon.com Email: claassen@wcesinc.com Page 2 of 2 Rev. 5-19 Page 163 of 196 Task 11. Structural Design of Three -Sided Precast Culvert Page 164 of 196 HRGreen® HR GREEN, INC. PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 THIS AMENDMENT, made this 30th day of September 2019 by and between, Wayne Claassen Engineering & Surveying, Inc., the CLIENT, and HR GREEN, INC. (hereafter "COMPANY"), for professional services concerning: Hammond Avenue Bridge over Sink Creek: Hydraulic Analysis hereby amends the original Professional Services Agreement dated April 18, 2019 as follows: The CLIENT and COMPANY agree to amend the Scope of Services of the original Professional Services Agreement and previous amendments as follows: The original agreement included only hydraulic analysis services. Under this amendment, COMPANY will also provide structural design services for a proposed culvert to carry Hammond Avenue over Sink Creek as detailed in Attachment A— Scope of Services. COMPANY Project Number: 181817 The CLIENT and COMPANY agree to amend other provisions of the original Professional Services Agreement and previous amendments as follows: Not Applicable. In consideration for these services, the CLIENT AGREES to adjust the payment for services performed by COMPANY on the following basis: Method of compensation shall be changed from Lump Sum to a time and materials basis with a maximum not -to -exceed fee. Maximum fee to be increased by thirty-six thousand five hundred Dollars ($36,500.00) The total maximum authorized compensation after this Amendment, including the original Professional Services Agreement and all previous Amendments, is forty-eight thousand five hundred dollars ($48,500.00) THIS AMENDMENT is subject to all provisions of the original Professional Services Agreement. Version2.0 12172018 Page 165 of 196 Amendment I to Professional Services Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project No. 181817-September 3O,2O18 Page 2 of 2 ������ / n `��yeen. THIS AMENDMENT, together with the original Professional Services Agreement and all previous amendments represents the entire and integrated AGREEMENT between the CLIENT and COMPANY. THIS AMENDMENT executed the day and year written above. Wayne Chaassen EnoiDe8hOQ & Surveying, Inc. HFlGREEN, INC. By: William Claassen, P.E., President By: Page 166 of 196 ATTACHMENT A -SCOPE OF SERVICES A. Preliminary Design Phase a. A Structure location. The purpose of the onu|yaio is to identify the structure type (box culvert or three -sided precast structure) that best meets the needs of the location based on the previously completed hydraulic study. b. Based ondirection from QaasaenEngineering after discussion ofthe Structure Type Analysis, the Engineer shall prepare preliminary engineering documents for review bv Qamnaen Engineering, The preliminary plan will be a 1" = 20' scale Type, Size, and Location /TS&L> plan for the proposed structure that includes e General Plan and Longitudinal Section along the centerline nfroadway. u. Location of all utilities based on survey provided by C|oasmen Engineering will be shown onthe TS0L d. Apreliminary opinion ofprobable cost will beprovided. e. The Engineer will anwemb|e, oubm|t, review comments. make revisions and resubmit plans to Claassen Engineering on 11/13/2019 for submittal to Iowa DOT for Preliminary plan review submittal on 11/19/2019. Also included inthe Preliminary Design task isone (1)progress meeting. B. Final Design Phase Afinal design field check shall baheld with the Engineer and City representatives prior to completing final design plan quantities. The Engineer shall make any necessary revisions tothe Final Design Plans endetermined bythis design field check. Final computations will be completed for the analysis and design of the foundations for the replacement three -sided ntructune. The Engineer will determine final member sizes and reinforcing obaa{ requirements for the foundations of the three -sided structure, and perform other necessary structural foundation design based on the approved preliminary plans. Ekmnturo| foundation quantity calculations will also be included. It is anticipated the structure will be a three -sided precast structure. Design shall be in accordance with Iowa DOT'a Bridge Design Manual and applicable sections of the AASHTO "LRFD Bridge Design Specifications," current edition at the time the design contract imexecuted, plus current interim specifications. Construction Plans will include the following information: a. Structural Plan Development —The Engineer will compile structural plan sheets, specifications, and detailed quantities for the foundation ofthe replacement structure. Plans will bedeveloped according to Iowa OOT'o Bridge Design Manual including the following sheets: Bridge General Plan and Elevation Summary cfQuantities and General Notes FooUng/StemVVaU Details Safety Barrier details Bill of Reinforcing Boring Logs b. Afinm| opinion of probable cost will be provided. m. The Engineer will complete all Job Special provisions as necessary to supplement the standard specifications, For this project the standard specifications to be adopted shall be the Iowa OOT'sDepartment's Standard Specifications, d. The Engineer will aonnmb|e, nubmit, review nomments, make revisions and resubmit plans to Claassen Engineering on 12/10/2019 for submittal to Iowa DOTforCheck plan reviewsubmittal on 12/10/2019. Page 167 of 196 C. Bidding Services / Construction Services Bidding Services for this project will include: 1. Answering Requests for Information (RFI) during the bidding phase 2. Issuing written clarifications in response to RFI's (in the form of addenda to the advertisement for bids) 3. Shop Drawing Review. List of shop drawings anticipated: Precast box culvert or three -sided culvert Precast end sections/wingwalls Guardrail Post Attachments D. Permitting Assistance Not included in this scope of services. Claassen Engineering will prepare permit applications. HR Green will provide a No -Rise Certification sheet, based on previous hydraulic analysis, for Claassen Engineering to include in permit application materials. E. Deliverables provided by HR Green Inc. In keeping with the requirements of the aforementioned scope, HR Green will deliver or provide the following: 1. The services of all professionals and technical personnel required for the performance of the services described under the Scope of Services above. 2. Electronic submittal for both Preliminary and Final Plans (2 submittals). 3. Complete the Bid Items App online for the quantities for each submittal. 4. Electronic submittal of Technical Specifications / Job Special Provisions for the specifications. (Initial review and secondary review sets — 2 submittals). 5. Electronic submittal of the entire plan set and one electronic submittal of a set of the specifications / project manual for use by the City in bidding, printing, distribution, etc. F. Exclusions to this proposal The following services are not included in this contract: 1. Bridge superstructure design. 2. Utility attachment to the new structure. 3. Relocation plans for utilities such as, but not limited to, water lines, sanitary sewers, and electric services. 4. Right-of-way plans and acquisition services 5. Wetland Mitigation / Soil Mitigation Plan. 6. Archeological / Historical / Cultural Exploration 7. Mylars at final submission. 8. Attendance at the bid opening. 9. Construction Phase services other than those specifically outlines in this scope of services. 10. Any fees required for approvals or permits 11. GIS-related work or conversion of project construction documents thereto. Page 168 of 196 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo purchasing procedures policy to approve the purchase of a demonstration 2019 Trackless MT 17 Articulating Tractor 60" X 32" diagonal angle sweeper, in the amount of $154,288. City Council Meeting: 10/21/2019 Prepared: 10/16/2019 REVIEWERS: Department Reviewer Action 1 �up.7li�, Woril<. DC ' enfl: C-0,�ere� p.,LAnn Approved SUBJECT: Date 10/t6/201�9 ... 11:44 AM Resolution authorizing an exception to the City of Waterloo purchasing procedures policy to approve the purchase of a demonstration 2019 Trackless MT 17 Articulating Tractor 60" X 32" diagonal angle sweeper, in the amount of $154,288. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution This is an excellent opportunity to purchase this trackless articulating tractor to replace Traffic Operation's Bombadier for plowing snow. This Tractor has a snow blower and sweeper for bike trails and downtown areas. The Summary Statement: sweeper can also be used to clean islands and small areas before striping and markings are painted. Approximately 43 hours on machine. Includes a 5 ft. angle plow, with attaching kit, 51 inch snow blower with sidewalk chute, PTO driven. The bombardier does not have these attachments. Expenditure Required: $154.288.00 Source of Funds: GO Bond Funding Policy Issue: Background Information: Strategy 2.2 - Enlist all City department and staff members in efforts to promote a safer community. The 2003 Bombardier has been used for many years to remove snow on bike trails, sidewalks and the top of the parking ramps. Page 169 of 196 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 the Mayor and City Clerk to execute said document. City Council Meeting: 10/21/2019 Prepared: 10/16/2019 REVIEWERS: Department Reviewer Action Date Traffic is Operations i?veaa, p.,LF\fln Approved 10/16/1 ATTACHMENTS: Description Type D Mernrrann iUIT Cover 1\Ierno SUBJECT: 9 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 Resolution Summary Statement: Policy Issue: The MOU has been completely updated from the last agreement in the'70s. A meeting was held with Blawk County's engineering department to discuss and update questions and concerns regarding which entity (City or Black Hawk County) is responsible for certain areas of road maintenance including snow removal. Strategy 2.2 - Enlist all City depaituient and staff members in efforts to promote a safer community. Strategy 3.4 - Identify and improve proven cost and resource saving measures. Page 170 of 196 Memorandum of Understanding City of Waterloo - Black Hawk County This Memorandum of Understanding ("MOU") 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, % 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 % 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. b. c. d. Orange Road from Dysart Road west % mile Orange Road from U.S. 218 west to Dysart Road Hess Road from Orange Road north % mile McKellar Road from Foulk Road east % mile Should be 1.50 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 a. b. c. d. Hoff Road from Shaulis Road south % mile Osage Road from Skyview Road east % mile Moline Road from Donald Street north % mile Burton Avenue from Big Rock Road north %z mile 2) City of Waterloo will maintain and plow snow on the following streets or ro a. Ansborough Avenue from Orange Road north % mile b. Orange Road from Ansborough Avenue east % mile c. Kimball Avenue from Washburn Road north % mile d. Big Rock Road from U.S. 63/ Logan Avenue east % mile e. Orange Road from % mile west of Dysart Road west 1% mile 1 0.25 mile 0.75 mile 0.25 mile 0.25 mile 2.00 miles roads: 0.75 mile 0.50 mile 0.25 mile 0.50 mile 2.00 miles ads: 0.25 mile 0.50 mile 0.50 mile 1.25 miles Page 171 of 196 f. Rose Lane, Oak Ridge St, Juniper, and Balsam Streets in Cedar Terrace, Fifth Addition g. East Airline Highway from Moline west % mile h. Elk Run Road from IA 281 north Yz 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 172 of 196 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 day of , 2019. City of Waterloo, Iowa Black Hawk County, Iowa By: By: Quentin Hart, Mayor Thomas Little, Chairman Board of Supervisors Attest: Attest: Kelley Felchle, City Clerk Grant Veeder, County Auditor 3 Page 173 of 196 CITY OF WATERLOO Council Communication An ordinance increasing the mayor's compensation. City Council Meeting: 10/21/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer Jerk. Office BAice l '(,......, ATTACHMENTS: Description Salary Survey ()rdi uanu,a, SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Ap[,ro \red Type Back:u1p CWat riaa1 Backup Material Date 1.0/9/2,0E9... ii::56 MI Motion to receive, file, consider, and pass for the second 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 third time 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 174 of 196 7/9/2019 Salary Survey 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 175 of 196 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 IT 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 ($94,000) 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 1T 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 176 of 196 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: 10/21/2019 Prepared: 10/2/2019 REVIEWERS: Department Planning & Zoning ATTACHMENTS: Description D Council Pao t SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Schroeder, Ark: 1?veno LeA.nna Action Approved Approved Type Cover 1'vperrua Date p 0/2/2,0 d 9 ... 10:30 AM 10/2/2,0 p 9 ... ]i 0:46 A.M Motion to receive, file, consider and pass for the third time and adopt the 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. Submitted By: Noel Anderson, Community Planning and Development Director Approval 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. None 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 yard and would likely never be extended. Remaining sidewalk will continue to connect with the existing sidewalk network. This request was received by Page 177 of 196 Background Information: 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: 1. The request to vacate would not appear to have a negative impact on the surrounding area. Page 178 of 196 Legal Descriptions: 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 179 of 196 September 10, 2019 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: 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 Vacate- Sidewalk Page 1 of 3 Page 180 of 196 September 10, 2019 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 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. Vacate- Sidewalk Page 2 of 3 Page 181 of 196 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 182 of 196 0 Li EDWARDS ST, d� City of Waterloo Planning, Programming and Zoning Commission September io, 2019 III II KERN ST .co_ w:1 I �N P111.. 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Page 185 of 196 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 C hitirtc i Phone No.: (31PI) VI-LA*202- General Description of Property to Vacated (i.e.- alley between A St. & 13 St., South of C St.): Ic-14-14- it) TH CS" 1 CV 611--/t4 YlnA A) sr AA: 'N. 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: Adik 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional cons uction as the reason for the request. Appli ant *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 186 of 196 CITY OF WATERLOO Council Communication 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,and repealing Ordinance No. 5515. City Council Meeting: 10/21/2019 Prepared: 7/17/2019 ATTACHMENTS: Description D Ordinance SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Type Motion to receive, file and consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions, and repealing Ordinance No. 5515. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance Submitted By: Abraham L. Funchess, Jr., Human Rights Director Approve the Fair Chance Initiative. This ordinance is recommended for both public and private employers. In the absence of this kind of ordinance, employers "exclude candidates who have any sort of criminal record, which can include misdemeanors, arrests that did not result in a conviction, and convictions for crimes not relevant to the job..." $0 N/A N/A N/A This ordinance is recommended for both public and private employers. In the absence of this kind of ordinance, employers "exclude candidates who have any sort of criminal record, which can include misdemeanors, arrests that did not result in a conviction, and convictions far crimes not relevant to the job..." Page 187 of 196 5-3-15: UNFAIR USE OF CRIMINAL RECORD IN HIRING DECISIONS: A. Definitions: As used in this section, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this subsectiom. Except andefined in this subsection A, definitions of words and phrases set forth in 5-3-2 shall apply in this section. 1. Adverse hiring decision: Arefusal tohire onapplicant nrthe revocation ofoconditional offer of employment hoanapplicant. 42. Applicant: Any person considered orwho requests hobeconsidered for employment byon employer. -23. Arrest: The taking of a person into custody when and in the manner authorized by law or military authority due to an accusation or suspicion that the person committed a crime. 34. Conviction: Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no contest or the equivalent in relation to a crime, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a diversion program. 45. Criminal record: Information regarding aconviction, arrest orpending criminal charge. 56. Employer: Any person, partnership, company, corporation, labor organization or association which regularly employs one or more persons within the City nfWaterloo, including the City nfWaterloo, its departments, bnandn, commissions and aganoian, except the following: , Job placement -and referral agencies and other employment age their - providing a of part mfkind ofits political subdivisions, (b)nepthoState ofIowa orany ofits political subdivisions other than the City nfWaterloo, isan on. omolovrc, such as, but not limited to, Black Hawk County, the Waterloo Community School District, and HawkeyeCommunity College arc Po|itiom4*u**�visj�ofthe State -of Iowa and therefore mx�rn�t from this ordinonco' and (o) employers who are required by federal or state |avvor regulation to make aninquiry mnanapplication nrinaninterview. 67. Employment: Any 000upadon.vooadon.job, vvorkfor pay oremployment, indudingtemporary or seasonal vvork.contracted vvork.contingent work and vvorkthrough the services ofutemporary or other employment agency; orany form ofvocational oroduoadona|training with orwithout pay. 78. Inquiry: Any direct orindirect conduct intended togather inh)rmaUon.using any mode nf communioaUon.including but not limited toabox orblank that seeks toelicit information about an app|ioan�acriminal record nnanemployment app|ioaUonform. 99. Interview: Any direct contact by the employer with the app|ioant, whether in person or by telephone, todiscuss the employment being sought urthe app|iounYoqua|i�oaUuno. �1O. LogiUmatobusiness reason: Areason for vvhiohanemployer may make anadverse hiring decision based onanapplicant's criminal record, including the fo||ovving: a. Situadonawhere the nature ofthe criminal conduct has adirect and substantial bearing on the fitness orability topo�ormthe duUoaurroaponaibi|iUoaofthe intended employment, taking into consideration the following factors: the nature of the amp|oymont, the place and manner invvhiohthe employment vvi||bepe�ormed.the nature and seriousness ofthe offense nrconduct, vvhntherthe employment presents anoppo�unityfor the commission ofo similar o�ensoorconduct, the length ofUmebetween the conviction nrarrest and the application for employment (not including time on probation or parole or the time during which fines or other financial penalties or remedies may be outstanding), the number and types of nnnvicUonaorpending charges, and any verifiable information provided bythe applicant that iarelated tothe applicant's rehabi|itaUonnrgood conduct. b. Situadonawhere the grandngnfemployment would involve unreasonable risk ofaubetanda| harm tnprope�ynrtosafety ofindividuals orthe public, ortobusiness reputudonorbusiness auaetu, taking into consideration the factors listed in paragraph anfthis subsection A.1Q9. o. Positions working with ohi|dren, developmentally disabled persons and vulnerable adults vvherathe applicant has aoonviodonrecord nfacrime against children nrdisabled or vulnerable adults, including but not limited to crimes of rape, sexual abuse, incest, em�o�e�* private so, (a) the United States or any t �/s Page 188 of 196 �rn� prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment. d. Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant's fitness for the job. 4011. Pending criminal charge: Anexisting accusation that aperson has committed acrime, lodged by a prosecutor, law enforcement agency or military authority through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal nrwithdrawal. B. Prohibited Use ofCriminal Record Information: |nconnection with the employment ofany person, it shall be an unlawful discriminatory practice for an employer to include a criminal record inquiry on any application. It shall further be an unlawful discriminatory practice for an employer who employs fifteen (15) or more persons, but not private schools providing a regular course of instruction for any part of kindergarten through high school education, to engage in any of the following activity: 1. To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arrests, or pending criminal charges during the application process, including but not limited to any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment tothe applicant. |fthe applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant. 2. To make an adverse hiring decision based solely on the applicant's record of arrests or pending criminal charges that have not yet resulted inaconviction. 3. To make an adverse hiring decision based on any criminal records which have been lawfully erased or expunged, which are the subject of an executive pardon, or which were otherwise legally nullified. 4. To make an adverse hiring decision based on an applicant's criminal record without a legitimate business reason. C. Handling ofCriminal Rooundn�*LAg�: Employers shall comply with any obligations arising under federal or state law relating to authorization for background checks, notifying applicants about adverse hiring decisions based on an applicant's criminal record, and any other matters involving the use of criminal record information. D. Enforcement: Any complaint alleging a violation of this section shall be filed within the tirne provided in5-3-1O. Upon certification by the commission of an affirmative finding of probable cause that an employer has committed a violation of this section, the commission shall refer the complaint and probable cause finding to the city attorney for review, together with a recommendation as to the amount ofafine boboassessed. Upon determination that the complaint meets the requisite standard of proof, the city attorney shall issue a municipal infraction citation against the employer. /\first offense shall be subject to a fine of up to $750.00, and a repeat offense within a period of three years shall besubject toofine ofupto$1.000.00. Fines shall bepayable tothe complainant. For purposes ofenforcing this oeotion, the provisions ofsections 5-3-10.O. 5-3-10.E, 5-3-10.F. 5-3-11, 5- 3-12and 5-3-13shall not apply. GE. Effect nn Other Laws; No Private Rights: This section shall not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment ofan applicant. Nothing in this section shall be construed to create a private right ofaction to seek damages or other relief ofany kind. F. This section shall beeffective July 1'2020. 2 Page 189 of 196 Amendments to Code of Ordinances § 5-3-15 (Unfair Use of Criminal Record in Hiring Decisions) 1. Add the following language at the end of subsection A: "Except as defined in this Subsection A, definitions of words and phrase set forth in 5-3-2 shall apply in this section." 2. Add a new definition as paragraph 1 of subsection A: "Adverse hiring decision: A refusal to hire an applicant or the withdrawal or revocation of a conditional offer of employment to an applicant." 3. Renumber all subsequent paragraphs of subsection A, after new paragraph 1. 4. In paragraph 6 (formerly paragraph 5) of subsection A, strike "fifteen (15)" and substitute "one (1)" in its place. 5. Strike paragraph 6 of subsection A and substitute the following: "Employer: Any person, partnership, company, corporation, labor organization or association which regularly employs one (1) or more persons within the City of Waterloo, including the City of Waterloo, its departments, boards, commissions and agencies, except the following: (a) the United States or any of its political subdivisions, (b) the State of Iowa or any of its political subdivisions other than the City of Waterloo, such as, but not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye Community College, and (c) employers who are required by federal or state law or regulation to make an inquiry on an application or in an interview." 6. In subparagraph b of paragraph 10 (formerly paragraph 9) of subsection A, strike "A.9" and substitute "A.10" in its place. 7. Change the first unnumbered paragraph of subsection B to read as follows (new language is underlined for identification purposes and will not be underlined in the ordinance): "In connection with the employment of any person, it shall be an unlawful discriminatory practice for an employer to include a criminal record inquiry on any application. It shall further be an unlawful discriminatory practice for an employer who employs fifteen (15) or more persons, but not private schools providing a regular course of instruction for any part of kindergarten through high school education, to engage in any of the following activity:" 8. Change paragraph 2 of subsection B to add the following language at the end: "that have not yet resulted in a conviction." 9. Add a new subsection C as follows: "Handling of Criminal Records: Employers shall comply with any obligations arising under federal or state law relating to authorization for background checks, notifying applicants about adverse hiring decisions based on an applicant's criminal record, and any other matters involving the use of criminal record information." 10. Add a new subsection D as follows: "Enforcement: Any complaint alleging a violation of this section shall be filed within the time provided in 5-3-10. Upon certification by the commission of an affirmative finding of probable cause that an employer has committed a violation of this section, the commission shall refer the complaint and probable cause finding to the city attorney for review, together with a recommendation as to the amount of a fine to be assessed. Upon determination that the complaint meets the requisite standard of proof, the city attorney shall issue a municipal infraction citation against the employer. A first offense shall be subject to a fine of up to $750.00, and a repeat offense within a period of three years shall be subject to a fine of up to $1,000.00. Fines shall be payable to the complainant. For purposes of enforcing this section, the provisions of sections 5-3- 10.D, 5-3-10.E, 5-3-10.F, 5-3-11, 5-3-12 and 5-3-13 shall not apply." 11. Renumber original subsection C as subsection E. 3 Page 190 of 196 12. In subsection E as renumbered, add "No Private Rights" at the end of the heading, and add the following provision at the end of the paragraph: "Nothing in this section shall be construed to create a private right of action to seek damages or other relief of any kind." 13. Add a new subsection F as follows (unless council adopts this as an amendment at an earlier meeting): "This section shall be effective July 1, 2020." 4 Page 191 of 196 CITY OF WATERLOO Council Communication Leisure Services Commission minutes of August 13, 2019. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: Department Reviewer Action Date a gsure. Service ipautiu'ai;; Paul Approved 10/10/2019.... ii:H.A.M t.",perk talike pppzphy, Nancy Approved 10/1,5/2019.., p %.a9 PM ATTACHMENTS: Description Type D 08/13/20 p 9 liuuaates Backup Material SUBJECT: Leisure Services Commission minutes of August 13, 2019. Submitted by: Submitted By: Page 192 of 196 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, August 13, 2019 Byrnes Park Office 1101 Campbell Avenue Jadyn Spencer called the meeting to order at 7:31 am. Present: Sharon Samec, Jadyn Spencer, Bob Bamsey, Tom Christensen, Council Liaison Steve Schmitt Staff: Paul Huting, JB Bolger, Chris Dolan, Travis Nichols, Bill Bachman, Mark Gallagher Absent: Brenda Durbahn, Tom Powers, Xavier Leonard Jadyn Spencer called for approval of the agenda. Motion to approve agenda by Sharon Samec second by Tom Christensen Ayes: All. Nays: None Jadyn Spencer called for motion for approval of the 07/09/2019 meeting minutes. Motion by Bob Bamsey to approve minutes, second by Sharon Samec. Ayes: All Nays: None Jadyn Spencer called for approval of the bills. Questions were answered. Motion by Bob Bamsey to approve bills, second by Toni Christensen Ayes: All Nays: None COMMITTEE REPORTS: No committee meetings were held. UPDATE ON BONTRAGER PARK A right of Entry Agreement has been approved by City Council allowing Friendship Village to use a portion of the park as a construction lay down site. Potential excavation in Bontrager Park to increase storm water capacity for the Friendship Village project was discussed. We requested consideration of some improvement to the drainage system in the park. OUTDOOR POOLS UPDATE Pool repairs at Byrnes are being worked on. The deep end of the Byrnes Pool has been partially filled in with rock, making it eight foot deep instead of twelve. Staff hopes to be able to fill Byrnes Pool in September to test the repairs. Gates Pool has had major water Teaks. The attendance at Gates did not see a marked increase over the summer. Pools are both aging and no guarantees on how pools will react to winter weather. Discussion was held on the next steps for getting new pool(s) splash pad. Members agreed staff should be taking what steps it can to move forward. STAFF UPDATES Young Arena — Chris Dolan Schedules have been set for the Black Hawks and the Warriors. The Black Hawks are holding Futures Camp and Goalie Camp. The Minnesota Youth Wrestling camp will be held in January. Contractor is working on roof repairs. Due to limited funds available for repairs, the project will be completed in phases. Page 193 of 196 Sports and SportsPlex — Mark Gallagher Baseball and softball tournaments are scheduled for the fall. At the sportsplex, the pool drainage and painting will take place in three weeks. The court floors will be resurfaced during the same time frame. Archery Tournament is scheduled. Forestry — Todd Derifield Working with AHTS architects to design improvements at Greenbelt Lake. We are filing for a REAP Grant for the project. Construction — Travis Nichols Running weekly summer garbage routes and shelter cleaning. Working on mulch replacement in various parks. Working on the landscaping around the boathouse parking lot. Golf and Downtown Area — JB Bolger Recent events include — Waterloo Open, Stem Stein, Irish Fest. Lincoln Park preconstruction meeting was held. Construction should begin. The next regular Leisure Services Commission Meeting will be held Tuesday, September 10, 2019 at the 1101 Campbell office. Jadyn Spencer asked or motion to adjourn. Motion by Bob Bamsey to adjourn, second by Sharo Samec. Ad'(.urned at 8:25am. She n amec, Secre Signed this Date ry Page 194 of 196 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board minutes of September 23, 2019. City Council Meeting: 10/21/2019 Prepared: REVIEWERS: D epartment poaasongp Aida r` is Reviewer Action Date Mayer, Sonia Approved 10/13/2019.... 12:07 Pl" p p ighy, Nancy Approved 1.0/15/2019 ... V :t00 ipb ATTACHMENTS: Description Type D \/,ppA.:\nnu.ate 09 23 20i y Cover Memo SUBJECT: Waterloo Housing Authority Board minutes of September 23, 2019. Submitted by: Submitted By: Julie Dawson, Executive Director Page 195 of 196 WATERLOO HOUSING AUTHORITY, Governing Board Special Meeting Minutes Monday September 23, 2019 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Klein, Morrissey, Juon, Schmitt, Feuss, Hand, Varnold, Motioned by Morrissey, seconded by Feuss, to approve minutes of the July 22, 2019 meeting and the agenda as proposed. Ayes: All Motion: Carried. New Business Motioned by Feuss, seconded by Morrissey to approve a resolution to accept the proposed 2020 HUD FMR/Payment Standards. Julie Dawson explained the changes being made to the Housing Authority's payment standards in comparison to the HUD fair market rents. Ayes: All Motion: Carried Motioned by Feuss, seconded by Morrissey to approve a change to the Waterloo Housing Authority Subsidy Standards in the Administrative Plan. Julie Dawson explained the proposed changes to bedroom size determinations due to recent increases in funding. Issuing a larger bedroom size to some families will enable the Housing Authority to spend more of its authorized funds, so they will not be subject to offset (recoupment). Ayes: All Motion: Carried Motioned by Juon, seconded by Schmitt to place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All Motion Carried. Motioned by Morrissey, seconded by Feuss to adjourn the meeting. Ayes: All Motion: Carried SAE Page 196 of 196