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HomeMy WebLinkAboutCouncil Packet - 10/28/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 28, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate depaitiiient. 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 277 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Patrick Morrissey, Ward 3 Council Member Agenda, as proposed or amended. Minutes of October 21, 2019, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving request of Merima Dizdaric for a waiver for a concrete driveway, located at 1330 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 3. Resolution approving request of William Frost for a waiver for a concrete driveway, located at 919 Reed Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 4. Request to certify assessment to 105 Lincoln Street in the amount of $4,225, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 5. Resolution setting date of bid opening as November 7, 2019, and date of public hearing as November 12, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City Clerk to publish said notice. Submitted By: Brian Bowman, Treatment Operations Supervisor 6. Resolution setting date of public hearing as November 12, 2019, to approve the request by the City of Waterloo to vacate approximately 4,459 square feet of street Page 2 of 277 right-of-way, located along the northerly side of Harwood Avenue at the former Edison School Site, subject to the retention of a utility easement, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Nate Alderman, Electrician Class/Meeting: National Electrical Code Destination: Waterloo, IA Dates: November 13, 2019 Amount not to exceed: $190 b. Officers Caleb Christiansen and Chris Roberts Class/Meeting: Precision Driving Instructor School Destination: Newton, IA Dates: November 4, 2019 Amount not to exceed: $2,000 c. Jason Hernandez, Medical Supervisor Class/Meeting: Iowa Emergency Medical Services Association Conference Destination: Des Moines, IA Dates: November 7, 2019 Amount not to exceed: $639.50 2. LIQUOR LICENSES a. Fareway Stores #951, 40 W. San Marnan Drive Class: B Wine / C Beer / E Liquor Renewal Application Does not include Sunday Expiration Date: 11/15/2020 b. Kwik Star #380, 506 W. 9th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 11/18/2020 c. The Snack Shack, 4335 Texas Street Class: B Native Wine / C Beer Renewal Application Includes Sunday Expiration Date: 3/31/2020 d. The Snack Shack, 4335 Texas Street Class: E Liquor Renewal Application Includes Sunday Expiration Date: 7/19/2020 e. The Snack Shack, 4335 Texas Street Class: B Native Wine / C Beer Page 3 of 277 New Application Includes Sunday Expiration Date: 7/31/2020 3. Motion to approve Exception to Burning Yard Waste Application for Diane Phelps to burn 4.5 acres of prairie grass, located at 1553 E. Donald Street, every two (2) years from October to December. Submitted By: Pat Treloar, Chief of Fire Services PUBLIC HEARINGS 2. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain properties located at and adjacent to 2036 Ashland Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 3. Sale and conveyance of city owned property generally located south of of 428 Cherry Street, to Jeannette Cockrell, in the amount of $1,040, with no development agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Resolution authorizing the sale and conveyance of city owned property generally located south of of 428 Cherry Street, to Jeannette Cockrell, in the amount of $1,040, with no development agreement, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 4. FY 2020 Cedar River Dam Repairs, Contract No. 996. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Dry Run Creek Interceptor, Contract No. 877. Public hearing cancelled and rescheduled for November 12, 2019. Submitted By: Brian Bowman, Treatment Operations Supervisor Page 4 of 277 RESOLUTIONS 6. Resolution approving a Consulting Services Agreement between Magellan Advisors, LLC, Waterloo Telecommunications Utility, and the City of Waterloo, to perform a comprehensive community broadband feasibility study, in the amount of $84,450, together with the recommendation of approval of the Waterloo Telecommunications Utility Board, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Kelley Felchle, City Clerk 7. Resolution authorizing the City Attorney to file a claim in Vista Healthplan, Inc. v. Cephalon, Inc., et al, Civil No. 06-CV-01833, in the United States Dictrict Court for the Eastern District of Pennsylvania. Submitted By: Martin M. Petersen, City Attorney 8. Resolution approving award of contract to Keisler Police Supply, in the amount of $24,677, for the Police Department's FY 2020 ammunition needs as budgeted, and authorizing the Mayor to execute said documents. Submitted By: Dave Mohlis, Police Captain 9. Resolution approving completion of project and recommendation of acceptance of work for work performed by Croell, Inc., in the amount of $2,148,349.98, in conjunction with the reconstruction of Taxiway Charlie at the Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said documents. Submitted By: Keith Kaspari, Airport Director 10. Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $652,178.66, in conjunction with the reconstruction of the Runway 12/30 paving joint, and the complete airfield repainting of all FAA eligible pavement markings, and authorizing the Mayor and Airport Director to execute said documents. Submitted By: Keith Kaspari, Airport Director 11. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $537,300, in conjunction with preliminary engineering services for the La Porte Road/Hess Road Corridor Improvements - Phase I, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 12. Resolution approving an Encroachment Agreement with Farmers State Bank, f/k/a Liberty Bank, F.S.B., dated December 5, 2011, to make changes to an existing 12 foot 10 inch x 18 foot monument sign in the City right-of-way, in the median of Nicki Street, north of 131 Tower Park Drive, and authorizing the Mayor and City Clerk to execute said document and rescinding Resolution No. 2019-609. Submitted By: Noel Anderson, Community Planning and Development Director ORDINANCES 13. 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 277 Use of Criminal Record in Hiring Decisions,and repealing Ordinance No. 5515. Motion to receive, file and consider, and pass for the second 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 third time and adopt said ordinance. Submitted By: Abraham L. Funchess, Jr., Human Rights Director 14. An ordinance increasing the mayor's compensation. Motion to receive, file, consider, and pass for the third time and adopt an ordinance fixing the compensation of mayor and council members of the City of Waterloo, Iowa, and rescinding Ordinance No. 4785. Submitted By: Jerome Amos, Jr., Ward 4 Council member OTHER COUNCIL BUSINESS 15. After Hours Business License Application. Motion approving denial of an After Hours Business License application filed by Eric Grover for The Culture Restaurant and Grill, located at 1927 Jefferson Street. Submitted By: Kelley Felchle, City Clerk 16. Motion approving Change Order No. 4, for a total increase of $ 79,216, to Lodge Construction Inc., of Clarksville, Iowa, in conjunction with the 2018 Remedial Actions Phase IIIB, Contract No. 949, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor 17. Motion to approve Change Order No.1, for a total increase of $ 32,664.35, to Municipal Pipe and Tool Company, LLC of Hudson, Iowa, in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No.962, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor 18. Motion approving Change Order No. 5, in the amount of $ 31,575.10, to Lodge Construction, Inc., of Clarksville, Iowa, in conjunction with the Waste Water Treatment Plant 2018 Remedial Actions Phase IIIB, Contract No. 949, and authorizing the Mayor to execute the said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor 19. Motion approving Change Order No. 5, for a total increase of $ 56,439, to WHR Inc., of South Amana, Iowa, in conjunction with the Waste Water Treatment Plant Satellite Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor ADJOURNMENT Motion to adjourn. Page 6 of 277 Kelley Felchle City Clerk MEETINGS 4:10 p.m. Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Leisure Services Park - Forestry Department on the notice of the conclusion of employment for Crager Cook, Park Maintenance II, effective October 2, 2019 with recommendation of approval of payout of $2,834.51 for unused benefits. Page 7 of 277 CITY OF WATERLOO Council Communication Minutes of October 21, 2019, Regular Session, as proposed. City Council Meeting: 10/28/2019 Prepared: REVIEWERS: Department Reviewer Action Date O'purr�_ )f.fice 1pgby, Nancy Appna.wed 110/22/2,01.9 ... i:0 AM ATTACHMENTS: Description Type D Minutes or Dcto]Her 21, %011_9 Backup Ma 4;u: Uu1. Submitted by: Submitted By: Page 8 of 277 October 21, 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 21, 2019. Mayor Quentin Hart in the Chair. Roll Ca11: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Noel Anderson, Community Planning & Development Director 156936 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 21, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 156937 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 14, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 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 Richard Hotchkiss, 315 Courtland, commented that he has pictures of his property and his neighbor's property. He explained that his neighbor has a lot of junk in his yard and that he has contacted Code Enforcement but was told it does not violate code. Mr. Amos commented that he believes that Mr. Hotchkiss has been corresponding with Mr. Schmitt but that he will reach out to him as well. Rasul Burtel, 414 Almond Street, commented that there is a difference between a law abiding citizen and a sovereign citizen. He explained that he came to city hall and that he has a right to record in public. He stated that he confronted by several officers and deemed to be a suspicious person. He stated that he believes that the officers were in the wrong. Mayor Hart commented that he had a conversation with Mr. Burtel and that he was given the ability to record in public. Mr. Burtel questioned if the city has a public recording policy and pointed to federal laws that allow this practice. Lawrence Wheeler, 433 Bratnober, commented that there are several issues he has complained about and nothing has changed. He stated that MidAmerican has damaged infrastructure on University Avenue. He pointed out that some candidates that are running for city council at -large are violating the Hatch Act by putting signs in right of way and in public spaces. He stated that city vehicles have been vandalized by putting a political signs on MET Transit busses and on city vehicles. 156938 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 156939 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: Page 9 of 277 October 21, 2019 Page 2 1. a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 21, 2019 in the amount of $2,401,795.82, 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. 2019-794. 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 Resolution adopted and upon approval by Mayor assigned No. 2019-795. 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 the former Edison School site, and instruct City Clerk to publish said notice Resolution adopted and upon approval by Mayor assigned No. 2019-796. 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 Resolution adopted and upon approval by Mayor assigned No. 2019-797. 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 Resolution adopted and upon approval by Mayor assigned No. 2019-798. 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 Resolution adopted and upon approval by Mayor assigned No. 2019-799. b. Motion to approve the following: a. b. c. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Jennifer Sparks, Permit Writer Iowa Permit Technician Association - Basic Code Enforcement Huxley, IA November 8, 2019 $134.24 Sgt. Devine, Sgt. Schuster, Inv. Stratton, Inv. Hageman and Inv. Copp International Association for Identification Conference Johnston, IA November 6-8, 2019 $1,586 Jose Villalobos, Visiting Artist Vertigo Performance Art Series 2019 San Antonio, TX October 9-12, 2019 October 9-12, Page 10 of 277 October 21, 2019 Page 3 2. a. b. c. d. 2019 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Damon's Sports Bar and Grill, 2122 Kimball Avenue C Liquor Renewal 10/4/2020 x Fairfield inn & Suites, 2134 LaPorte Road B Wine / C Beer Renewal 9/30/2020 x Honey Garden Family Restaurant, 826 LaPorte Road Special C Liquor New 9/30/2020 x Rudy's Tacos - Beer Hall - Lava Lounge, 2401 Falls Avenue C Liquor Renewal 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. 4. Cigarette/Tobacco Permit New Application for The Snack Shack, 4335 Texas Street. 5. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS Mayor Hart commented that the public hearing on 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 was cancelled and rescheduled for November 4, 2019. RESOLUTIONS 156940 - Schmitt/Amos that "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", be adopted. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-800. 156941 - Schmitt/Amos that "Resolution approving Notice of Additional Services, to a Professional Services Agreement with 1 & 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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-801. 156942 - Schmitt/Amos that "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, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-802. 156943 - Kline/Feuss Page 11 of 277 October 21, 2019 Page 4 that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-803. 156944 - Kline/Feuss that "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", be adopted. Roll call vote -Ayes: Seven. Motion caiiied. Resolution adopted and upon approval by Mayor assigned No. 2019-804. 156945 - Amos/Morrissey that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Randy Bennett, Public Works Division Manager, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-805. 156946 - Amos/Morrissey 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: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-806. ORDINANCES 156947 - 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 third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5518. 156948 - Morrissey/Feuss that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions, and repealing Ordinance No. 5515", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: (Jacobs, Kline, Schmitt). Motion carried. Dr. Mary Robinson, All Nations Community Church, encouraged the council to do the right thing and adopt the ordinance. She stated that she believes the ordinance is about justice and it is critical to have justice in a person, city, or state's character. Page 12 of 277 October 21, 2019 Page 5 David Dryer, 3145 W. 4rh Street, commented that he sees that this is the first reading of the ordinance but that changes were going to be made. He questioned if amendments were made and if people were consulted and thorough research has taken place. Lawrence Wheeler, 433 Bratnober, commented that he thinks that the ordinance will expose children to pedophiles and that it will give felons access to guns. He stated that he sees one positive to the ordinance as it will be a benefit to those convicted on marijuana laws. Forest Dillavou, 1725 Huntington Road, commented that he is concerned about the lack of transparency of the committee that was set about to develop changes to the ordinance. Mayor Hart commented that the members of the committee were sent to council via email. Mr. Amos listed the individuals who were on the committee and explained how concerns were addressed. Mrs. Juon commented that one other thing that came out of the committee meetings is that there are state and federal laws that employers are not aware of. After the first of the year there will be an employer training session to make them aware of state and federal laws, along with the ordinance. Martin Petersen, City Attorney, explained the impact of a new law that was introduced in April of 2019. Mrs. Juon commented that the law limits the liability for private sector employers only and that changes continue to come from all levels of the government. Denita Gadson, 1408 Oakcrest Drive, commented that she received a letter from an inmate that she shared with the city council. She read the letter, which spoke in favor of the ordinance. Mr. Morrissey commented on the process for developing the amendments. Mrs. Kline commented that the felon's letter mentioned banning the box but his letter does not address being honest and forthcoming with parts of his life. The ordinance does not allow for honesty and dialogue. She explained that she is not in favor of the ordinance as it is written. Mr. Amos commented that employers would be able to ask questions about criminal backgrounds after the interview process. Mr. Jacobs commented that this ordinance should be a statewide issue where cities work together with legislators to make a consistent law throughout the state. He further commented that four council members would be violating their oath of office when they vote in favor. He further questioned what efforts are being made by Waterloo to work with people at the state level. Abraham Funchess, Human Rights Director, explained conversations he has had with the governor's office, Nate Ristow, Policy Advisor and was told there will be other discussion coming from the state level in November. Mrs. Juon commented that Grow Cedar Valley is working with local legislators to advance this issue at the state level. Mr. Schmitt commented that the ordinance is ill conceived and should be voted down. Mrs. Kline commented that she believes that the ordinance is not fair to employers. She questioned if consumers will be willing to hire a Waterloo business due to this ordinance. Mr. Morrissey responded to a number of comments made by other council members and stated the comments are both insulting and wrong. Mrs. Kline explained that she was not making this a racial issue and defended her choice to quote Martin Luther King. Mr. Schmitt clarified his comment so it would not be taken out of context. Page 13 of 277 October 21, 2019 Page 6 Mrs. Juon provided clarity to her earlier comments and how the hiring process might look like the regarding criminal history of an applicant. 156949 - Mr. Feuss made a motion to call the question. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Jacobs, Klein). Motion carried. 156950 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Kline, Schmitt). Motion failed. Mayor Hart left at 6:55 p.m. 156951 - Amos/Morrissey that "an Ordinance fixing the compensation of mayor and council members of the City of Waterloo, Iowa, and rescinding Ordinance No. 4785", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Five. Nays: Two (Kline, Schmitt). Motion carried. David Dryer, 3145 W. 4' Street, commented that the council should not be voting to give themselves or the mayor a raise because it's the citizens of Waterloo that pay for the raise, and asked where the money will be coming from since it was not included in the current budget. Michelle Weidner, Chief Financial Officer, explained that the pay increase would be funded by departments coming in under budget and fund balance may need to be used for the $6,000 increase. Forest Dillavou, 1725 Huntington Road, questioned if anyone has looked at how the COLA increase outlined in the ordinance and if this increase would be in addition to what is listed in the ordinance. Michelle Weidner explained how the mayor and council pay increases are calculated. Mrs. Juon questioned when the raise would go into effect. Michelle Weidner explained that under the current ordinance the raise would begin in July. Mrs. Juon questioned if this ordinance passes, does the Mayor's salary increase July ls` Michelle Weidner confirmed it would, and then in January would increase again based on the CPI. Mr. Schmitt questioned where the ordinance came from and why it is coming up at this time. Mr. Amos explained that he brought up the ordinance and asked the Human Resources Director to find comparable mayoral compensation. Mrs. Juon added additional information as to the timing of the ordinance change. Mr. Schmitt questioned what the Mayor's budget is today versus three years ago. He further questioned if any sort of method or metric was put in place to arrive at these figures and would like to see all pay increases measured by measurable performance. Mrs. Kline commented that by increasing this salary it will encourage high qualified people to run for office. This raise is for a political position not a private position and should not be paid the same. 156952 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Kline, and Schmitt). Motion failed. ADJOURNMENT 156953 - Feuss/Morrissey that the Council adjourn at 7:04 p.m. Voice vote -Ayes: Seven. Motion carried. Page 14 of 277 October 21, 2019 Page 7 Kelley Felchle City Clerk Page 15 of 277 CITY OF WATERLOO Council Communication Resolution approving request of Merima Dizdaric for a waiver for a concrete driveway, located at 1330 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 10/28/2019 Prepared: 10/22/2019 REVIEWERS: Department Reviewer Action Date 3:^na inmeern ., .n:it�son, 3aa 9 r ma:; Approved i0/:y,'3/24� i... i,44 A.M. t.`IIcak Office Even, 1.,eA mra Approved l i0/2,3/2,0 i9 ... 3 p .2,3 A M ATTACHMENTS: Description Type 1) W Waiver_ n....... 3 30 wpeta$a°gr 1....nm t:'Qnvanii: Menlo SUBJECT: Resolution approving request of Merima Dizdaric for a waiver for a concrete driveway, located at 1330 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: Legal Descriptions: I have reviewed this request and recommend its approval subject to the following provisions. I.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. LOT 4, EXCEPT THE WEST 20 FT, IN GUERNSEY"S ORANGE VIEW PLAT Page 16 of 277 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to th driveway and sidewalk specifications for the construction of a driveway or sidewalk located at qconcr* or asphalt) -,sq (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 1. To remove and replace this driveway to an official elevation at no additional expense to the 2. To remove and replace the private driveway, as needed, to an official elevation at no additional I agree to the following: City of Waterloo at such time that sidewalk is constructed. expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a' permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollar recording this agreement. Respectfully submitted, ( / (7 / Printed Name of Property Owner _ ($7.00) f Si nz 4 , ature of Property Owner he purpose of Page 17 of 277 CITY OF WATERLOO Council Communication Resolution approving request of William Frost for a waiver for a concrete driveway, located at 919 Reed Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 10/28/2019 Prepared: 9/3/2019 REVIEWERS: Department i ^ nng;inmeen n�ng7 t., IlerI': Office ATTACHMENTS: Description D D\>u Waiver 91i f SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: Legal Descriptions: Reviewer i<n.utsonn, .pail i.e ven, i:,eAnn Action A pproved Approved Type Cover Memo Date 10/23/2.0 i9 ... iii:44 A.M/11 10 23/2,019 ... 1 g: 0 A Resolution approving request of William Frost for a waiver for a concrete driveway, located at 919 Reed Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 919 Reed Street. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. ALLEN HEIGHTS ADDITION N 45 FT LOT 67 S 25 FT LOT 68 Page 18 of 277 WAIVER Date: )0" KO- WM Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: o"1:> e„, t I hereby request a waiver tp the driveway and sidewalk specifications for the construction of a (eAc_fete--- driveway or sidewalk located at (concrete or asphalt) This waiver is needed because of: (Address) special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, /r) Printed Name of Property Owner gnature of P oper y Owner Page 19 of 277 CITY OF WATERLOO Council Communication Request to certify assessment to 105 Lincoln Street in the amount of $4,225, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 10/28/2019 Prepared: 10/21/2019 REVIEWERS: Department Water Works Clerk Office, ce ATTACHMENTS: Description October i6, 20I9 Board acui(. Lincoln. St:r�,et Reviewer Coo 9 (:`ILnad Higby, Nancy SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: ,,sesyn.ner: Action Approved Approved. Type 'ma Date 10/21 /I019 .._ 4:42 10/22/20 i9 ... 1 0:5 1 AM. Request to certify assessment to 105 Lincoln Street in the amount of $4,225, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their October 16, 2019 Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Waterloo Water Works operating funds, generated from water sales. Page 20 of 277 CHAD COON General Manager 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, VOWA 50704 October 17, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, October 16, 2019. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $4,225.00, which is supported by invoice from Chad's Plumbing, showing the work necessary to replace the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to repair the service line at 105 Lincoln Street, which is located on Lot Thirty-one (31), Lot Thirty-two (32) and part of Lot Thirty-four (34) lying North of the North line of Lot Thirty-three (33), extended Westerly in Auditor Rainbow's Logan Avenue and Belt Line Plat, Waterloo, Iowa, Black Hawk County, and owned by Patricia C. Jackson and Tiffany C. Jackson. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 21 of 277 Page 2 It was moved by Wienands, second by Wall, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 22 of 277 CITY OF WATERLOO Council Communication Resolution setting date of bid opening as November 7, 2019, and date of public hearing as November 12, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City Clerk to publish said notice. City Council Meeting: 10/28/2019 Prepared: 10/22/2019 REVIEWERS: Department t. ` Il e>rk_ SUBJECT: Submitted by: Expenditure Required: Background Information: Reviewer Action Date Kn.usonn, .paarai.e Approved 10/22/2,039 ... 31:43 A:MI. :,,ven., 1...,e ntn Approved 10[2.3/2,01a9.._9:L37AM. Resolution setting date of bid opening as November 7, 2019, and date of public hearing as November 12, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City Clerk to publish said notice. Submitted By: Brian Bowman, Treatment Operations Supervisor Page 23 of 277 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 12, 2019, to approve the request by the City of Waterloo to vacate approximately 4,459 square feet of street right-of-way, located along the northerly side of Harwood Avenue at the former Edison School Site, subject to the retention of a utility easement, and instruct the City Clerk to publish notice. City Council Meeting: 10/28/2019 Prepared: 10/22/2019 REVIEWERS: Department Reviewer Action Date 1° pntnnrn'' & Zoning Schroeder, / .roc Approved p 0/23/20 p 9 .... p 0:05 /\M. Clerk Office p^;venm l:,eAn:na. Approved 1.0/23/20p 9 - p p :43 AM ATTACHMENTS: Description Type D Council} cket Cave n D p.)Q: s rip:rt on`n Cover Mei SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: fll c) Resolution setting date of public hearing as November 12, 2019, to approve the request by the City of Waterloo to vacate approximately 4,459 square feet of street right-of-way, located along the northerly side of Harwood Avenue at the former Edison School Site, subject to the retention of a utility easement, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is Resolution setting date of public hearing as November 12, 2019 to approve the request by the City of Waterloo to vacate approximately 4,459 square feet of street right-of-way located along the northerly side of Harwood Avenue at the former Edison School Site, and instructing the City Clerk to publish notice. The Planning Programming and Zoning Commission voted 7-0 at their March 5, 2019 meeting to recommend approval of the vacate request. None N/A The request to vacate will not have an negative impact on the surrounding neighborhood. In fact the neighborhood has expressed support of the vacates and rezone of the site. 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 Page 24 of 277 Background Information: 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 are the under construction University Avenue Trail located 0.285 miles to the south and the Trolley Car Trail located 0.563 miles to the northwest. The site is zoned "R-1, R-P" Planned Residence District and has been zoned as such since being rezoned from "R-2" One and Two Family Residence District on May 9, 2011. Neighboring land uses and zoning: North — Former Edison School Site zoned "R-1, R-P" Planned Residence District. South — Residences and Commercial zoned "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 zoned "R-2" One and Two Family Residence 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 1929 and 1960, commercial built between 1929 and 1967. This area is not located in a flood plain 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 line travels along Evergreen Avenue through the area to be vacated and onto former Edison School property. A 12" Storm Sewer is in the center of Harwood Avenue and terminates to the east of the Sanitary Sewer Line. 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 4,459 square feet of street right-of-way located along the northerly side of Harwood Avenue at the former Edison School Site. The remaining portion of the street through the former site of Edison School was vacated at the request of the Independent School District by Ordinance No. 1655 on October 20, 1943. The city is worked with the school district for a property trade that saw the city take control of the former Edison School site for redevelopment possibilities. It is the opinion of staff that the stub portion of street right-of- way will not be needed for right of way and can be included as part of the redevelopment project. A sanitary sewer line does run in a north -south direction through the area being vacated therefore an easement will need to be maintained over the vacated right-of-way. At their March 5, 2019 meeting the Planning, Programming and Zoning Page 25 of 277 Legal Descriptions: Commission voted 7-0 to recommend approval of the vacate request. There will be a separate request to plat the land. Therefore, staff recommends the request to vacate approximately 4,459 square feet of Rock Island Avenue right-of-way 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. That portion of platted Harwood Avenue lying south of Lot 171 and west of the west right-of-way line of platted Evergreen Avenue, in Galloway First Addition, City of Waterloo, Black Hawk County, Iowa, and being more particularly described as follows: Beginning at the southeast corner of Lot 171, Galloway First Addition; thence south along the southerly extension of the west right-of-way line of Evergreen Avenue to the southeasterly extension of the southwesterly line of Lot 171, said intersection also being the angle point of the west right-of-way line of Evergreen Avenue; thence northwesterly along said southeasterly line extended to the west end of the south line of said Lot 171; thence east along the south line of Lot 171 to the point of beginning. and That portion of platted Evergreen Avenue lying north of the northeasterly right-of-way line of platted Harwood Avenue and lying south of the north right-of-way line of platted Rock Island Avenue, in Galloway Addition, City of Waterloo, Black Hawk County, Iowa, and being more particularly described as follows: Beginning at the southwest comer of Lot 31, Galloway Addition; thence west along the west extension of the north right-of-way line of platted Rock Island Avenue to the west line of Evergreen Avenue; thence south along the said west line of Evergreen Avenue to the northwesterly extension of the northeasterly right-of-way line of Harwood Avenue, said intersection being the angle point for the west right-of-way line Evergreen Avenue; thence southeasterly along the northwesterly extension of the northeasterly right-of- way line of Harwood Avenue to its intersection with the northeasterly extension of the southeasterly line of Evergreen Avenue; thence northeasterly along the northeasterly extension of Evergreen Avenue to its intersection with the south extension of the east right-of-way line of Evergreen Avenue, said intersection being the angle point in the easterly line of Evergreen Avenue; thence north along the south extension of the east line of Evergreen Avenue to the point of beginning. Page 26 of 277 March 5, 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 4,459 square feet of Rock Island Avenue located along the northerly side of Harwood Avenue at the former Edison School Site. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request by the City of Waterloo to vacate 4,459 square feet of surplus right of way. The request to vacate will not have an 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 are the under construction University Avenue Trail located 0.285 miles to the south and the Trolley Car Trail located 0.563 miles to the northwest. The site is zoned "R-1, R-P" Planned Residence District and has been zoned as such since being rezoned from "R-2" One and Two Family Residence District on May 9, 2011. Neighboring land uses and zoning: North — Former Edison School Site zoned "R-1, R-P" Planned Residence District. South — Residences and Commercial zoned "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 zoned "R-2" One and Two Family Residence District. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT Residences built between 1929 and 1960, commercial built Vacate- Rock Island Avenue Page 1 of 3 Page 27 of 277 March 5, 2019 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 between 1929 and 1967. This area is not located in a flood plain 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 line travels along Evergreen Avenue through the area to be vacated and onto former Edison School property. A 12" Storm Sewer is in the center of Harwood Avenue and terminates to the east of the Sanitary Sewer Line. 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 4,459 square feet of Rock Island right-of-way located along the northerly side of Harwood Avenue at the former Edison School Site. The remaining portion of the Rock Island Avenue through the former site of Edison School was vacated at the request of the Independent School District by Ordinance No. 1655 on October 20, 1943. 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 Rock Island Avenue will not be needed for right of way can be included as part of the redevelopment project. A sanitary sewer line does run in a north -south direction through the area being vacated therefore an easement will need to be maintained over the vacated right-of-way. At their March 5, 2019 meeting the Planning, Programming and Zoning Commission voted 7-0 to recommend approval of the vacate request. There will be a separate request to plat the land. Vacate- Rock Island Avenue Page 2 of 3 Page 28 of 277 March 5, 2019 RECOMMENDATION: Therefore, staff recommends the request to vacate approximately 4,459 square feet of Rock Island Avenue right- of-way 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- Rock Island Avenue Page 3 of 3 Page 29 of 277 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 0 �... � R-3, C-Z GARDEN AVE w R=3 1 C-1,Cr°'^' C-2 C-2,C-Z 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 AVE 1 0 JANNEY C-1,C- R-3 ATH ON w ROCK ISLAND A-1 A-1 M-2 ST 000000, W. WELLI Rock Island Avenue ROW Vacate City of Waterloo Page 30 of 277 City of Waterloo Planning, Programming and Zoning Commission March 5, 2019 1,111111111 111111111111111111111111 "" flg\r'IIiIiuu—^I~ ' IIII01140 L. ,b 11111111WnnnnW y ' uluuuulllplll11h gym' 1 I; IN II"1�1 IViiiii uu II d 1 WWuWW1111111111 !Ilkllll 1111111111 011111111111uu11111111„1 111111111111111111 ���i�J111;�1fii!Il,�ill'�,V1'�IIII'1I111i11i1 'ilNkllllll uliiij°i1�'I11ii'''�'„'VVI 1 ���°1 muol 811'1„Y'I,illy'Il�iilid�l'"'�P��fu11„Ili1„�I�III,�uI�u1NIIIIIIIIIIIRIIli11�11111 iM 0 50 Feet 'll'N gdllumlQp11111f1 PIml„111, ul"lu' 1, o1�11tl1111111"' �;; 11�� ", q,, 11fuu'°1 'uduup��„� 1111,m uuluuqu111N'�u"' 1u11m11Vll IIVluppu111 qd r111AJl NIV alld'Y.I„1I11d; 111111°°II' m1 djl'VII1 p1,1'I'lIP"''1h I��1�v1�lpIplh II I��11,1111°P yy1Vu�g1 V uu 11'Y'4°°pd '111� ���1�� Vp' ud "1Pli fiVllu VI1uJ11I 11111 111111 !I° 11114111111,1 ^ ly1,1 l, I111f1111111111'JIIIIIIIIII IIII�hIIII ��III1111fI1 6„1IIIII111,g1,u^I d „1111u11 uu IjuNll !ddrn'II9111 'd11 111fu1rdIIIIi1' uo 1111„I1,I Tull III y11111lllllllllllllllliilllllllliilll „u^ M"I I llllllllll i oVlliiilWiii iu111111p IIIIIIIIIIIIIII Rock Island Avenue ROW Vacate City of Waterloo Page 31 of 277 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, 1II1IIIII1IIg1u��'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„ so W+E I 'age 32 of 2 (/ 100 Feet \� v %/; !�. « Legal Description for Street Vacate That portion of platted Harwood Avenue lying south of Lot 171 and west of the west right-of-way line of platted Evergreen Avenue, in Galloway First Addition, City of Waterloo, Black Hawk County, Iowa, and being more particularly described as follows: Beginning at the southeast corner of Lot 171, Galloway First Addition; thence south along the southerly extension of the west right-of-way line of Evergreen Avenue to the southeasterly extension of the southwesterly line of Lot 171, said intersection also being the angle point of the west right-of-way line of Evergreen Avenue; thence northwesterly along said southeasterly line extended to the west end of the south line of said Lot 171; thence east along the south line of Lot 171 to the point of beginning. and That portion of platted Evergreen Avenue lying north of the northeasterly right-of-way line of platted Harwood Avenue and lying south of the north right-of-way line of platted Rock Island Avenue, in Galloway Addition, City of Waterloo, Black Hawk County, Iowa, and being more particularly described as follows: Beginning at the southwest corner of Lot 31, Galloway Addition; thence west along the west extension of the north right-of-way line of platted Rock Island Avenue to the west line of Evergreen Avenue; thence south along the said west line of Evergreen Avenue to the northwesterly extension of the northeasterly right-of-way line of Harwood Avenue, said intersection being the angle point for the west right-of-way line Evergreen Avenue; thence southeasterly along the northwesterly extension of the northeasterly right-of-way line of Harwood Avenue to its intersection with the northeasterly extension of the southeasterly line of Evergreen Avenue; thence northeasterly along the northeasterly extension of Evergreen Avenue to its intersection with the south extension of the east right-of-way line of Evergreen Avenue, said intersection being the angle point in the easterly line of Evergreen Avenue; thence north along the south extension of the east line of Evergreen Avenue to the point of beginning. Page 34 of 277 Vacate of Rock Island Avenue Right -of -Way Northerly side of Harwood Avenue IIIIIt1111111111 t11111111111111111111111 t1Mttt Met1NItN111 11111111 1 2 1111111111111111111111111111111111111111111 l 111111111111111111011111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 101011lm11 IIu191 NI way 11111111111111 II MI !Nitl Blum ",IIIII"III1u1uu ,IIIIII "''',IIIII ,,IIIIII IIIIII II 111111, IIIIIIIII IIIIII ' 'rgle"II I"j"IIN'iw ;'^ mO Whd1110111m"upI mLIJIi ,Illlym �V1101111111111011011011011011011110 I I ul �I IIIIIIIII III II I 1 muuu bi 1 010,0011,111,11 I4 r Looking east along the Rock Island Avenue Looking southeast at the intersection of Right -of -Way. fllumpum llllilllllllll IIIIIIIIIIII IIIIIIIIIIII I IIII eew �If11l1 IIIIIIIIIIII umal i uiiiiil ,IIII 11I11 II@,IIII pllllllllllpuupupuu1111111111111111IIIIIIIIII II�iI !!°II; fu;il;?YI r,,,I �11�''l''I'li''I''I''jjjjjjjj' ll lI''' II''ll''I''' II'' , 1!1��� uI 111 N�I'll� N4 ARAIIII iv rJ Looking north from Harwood Avenue. pp MIM Harwood Avenue and Rock Island Avenue. 1a IIII!111;III1111 I000IIIIIIIII 1 ill I1 „ II L lil'llll I I 11111111 II III 1 II �II 1 .�Illm II 1�4�II�i 1111E ll � III j 111� 1111 Ih1 lll III l M1'V 0,10 III Iy 11 1II0 III 1 IIIIII W Looking northwest along the Rock Island Avenue Right -of -Way. 111111 11111 111111!Illioululll 1 ' �01 IIII mu I 00011 r�IillPr. Page 35 of 277 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 CI Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement 1:1 Sale of City -Owned Property Applicant: C.11 Of tAifFtelbo Address: 716 inLiV360._',7.Wkari-Vx GO-PPhone No.: 3/9-,?9/ - LI 3 6 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): -710Ni or /e0 Lie 5 LA0 L•J OAJ ikinQV1 5/ OC of 1+AR`A)° cO8'7tk4( Ri)eiv)Pe- Sc_14 60t.- S ror 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): • 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: (>4142( VAA0 (PR, t ci- t)foN 0, cf9-73-- v4e-r\O-- 5. Other: yleg_se provide a s plan a, , aerial photo of the area to be vacated if the request involves ad trOnal coup id the request. t, Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 36 of 277 Legal Description for Street Vacate That portion of platted Harwood Avenue lying south of Lot 171 and west of the west right-of-way line of platted Evergreen Avenue, in Galloway First Addition, City of Waterloo, Black Hawk County, Iowa, and being more particularly described as follows: Beginning at the southeast corner of Lot 171, Galloway First Addition; thence south along the southerly extension of the west right-of-way line of Evergreen Avenue to the southeasterly extension of the southwesterly line of Lot 171, said intersection also being the angle point of the west right-of-way line of Evergreen Avenue; thence northwesterly along said southeasterly line extended to the west end of the south line of said Lot 171; thence east along the south line of Lot 171 to the point of beginning. and That portion of platted Evergreen Avenue lying north of the northeasterly right-of-way line of platted Harwood Avenue and lying south of the north right-of-way line of platted Rock Island Avenue, in Galloway Addition, City of Waterloo, Black Hawk County, Iowa, and being more particularly described as follows: Beginning at the southwest corner of Lot 31, Galloway Addition; thence west along the west extension of the north right-of-way line of platted Rock Island Avenue to the west line of Evergreen Avenue; thence south along the said west line of Evergreen Avenue to the northwesterly extension of the northeasterly right-of-way line of Harwood Avenue, said intersection being the angle point for the west right-of-way line Evergreen Avenue; thence southeasterly along the northwesterly extension of the northeasterly right-of-way line of Harwood Avenue to its intersection with the northeasterly extension of the southeasterly line of Evergreen Avenue; thence northeasterly along the northeasterly extension of Evergreen Avenue to its intersection with the south extension of the east right-of-way line of Evergreen Avenue, said intersection being the angle point in the easterly line of Evergreen Avenue; thence north along the south extension of the east line of Evergreen Avenue to the point of beginning. Page 37 of 277 CITY OF WATERLOO Council Communication 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. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date [° p ucuumurrog; &. Zo n. Schroeder, Aroc Approved. 10/23/2,0 p.9 - 9:58 .AM t..11erk Office .p^"vcn, .1..,e nn Appra;ved 10/23/2,019 10 08 Ali_ ATTACHMENTS: Description Type Council Packet Cove r.I\4en..o p..,e ga De crup:bhiion ( aver Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of certain properties located at and adjacent to 2036 Ashland Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a 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. At their October 1, 2019 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. None N/A Page 38 of 277 Policy Issue: Zoning, Land Use and Economic Development. Background Information: The applicant is requesting to rezone property in order to build homes on each of the adjacent parcels. The proposal would not appear to have a negative impact on the surrounding area as there is several homes in the area and properties across the street on Ashland are also zoned "R-2". The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by Ashland Avenue and Midland Street which are local roads. The nearest recreational trail is the Donald Street Trail which is located approximately 0.19 miles to the south. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Residential zoned "A-1" Agricultural District. South — Residential zoned "A-1" Agricultural District. East — Residential zoned "R-2" One and Two Family Residence District. West — Residential zoned "R-2" One and Two Family Residence District. No buffers would be required for this request. Rezoning the land would not appear to have a negative impact on drainage in the area. The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0186F, dated July 18, 2011. The nearest Elementary School is Lincoln Elementary School which is located 1.03 miles to the southwest, George Washington Carver Middle School which is located 0.92 miles to the southeast, and East High School which is located 2.30 miles to the southeast. The nearest open space is Ray Tiller Park which is located 0.19 miles to the southwest. There is water main that runs in Ashland Avenue from Donald Street to Midland Street then on Midland Street to the west. There is no sanitary or storm sewer in the area. The proposed homes will be served by septic systems. The Future Land Use Map designates this area as Low Density Residential. The applicant is requesting to rezone approximately 8.054 acres of land from "A-1" Agricultural District to "R-2" One and Two Family Residence District in order to build two single family homes on the adjacent parcels. While the east side of Ashland Avenue is zoned "A-1" Agricultural District, the west side is zoned "R-2" and along with homes on the west side of Fairview Avenue which backs to the properties on the east side of Ashland. It would appear that this rezoning request would be in keeping with the character of the neighborhood. During Tech Review Gentz asked if septic's will be approved in this area to which Schroeder said he did not see a problem but noted that it would be nice to be able to get sewer out to this area for future development. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Linda Woock to rezone approximately 8.054 acres from "A-1" Agricultural District to "R-2" One Page 39 of 277 Legal Descriptions: and Two Family Residence District for construction of two single family homes at 2036 Ashland Avenue and the adjoining properties be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area. 3. Homes on the west side of Ashland Avenue and on the west side of Fairview are also zoned "R-2" One and Two Family Residence District, and the request would appear to be in character with the area. Lot 13, and all of Lot 14 except the South 80', Cushman Heights, Waterloo, Black Hawk County, Iowa Page 40 of 277 October 1, 2019 REQUEST: APPLICANT: GENERAL DESCRIPTION: Request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District located at and adjacent to 2036 Ashland Avenue. Linda Woock, 2036 Ashland Avenue, Waterloo, IA 50703 The applicant is requesting to rezone property in order to build homes on each of the adjacent parcels. IMPACT ON The proposal would not appear to have a negative impact on the NEIGHBORHOOD & surrounding area as there is several homes in the area and SURROUNDING properties across the street on Ashland are also zoned "R-2". LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The site is TRAFFIC served by Ashland Avenue and Midland Street which are local CONDITIONS: roads. RELATIONSHIP TO The nearest recreational trail is the Donald Street Trail which is RECREATIONAL located approximately 0.19 miles to the south. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area is zoned "A-1"Agricultural District and has been zoned as FOR SITE AND such since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: Surrounding land uses and their zoning are as follows: North — Residential zoned "A-1" Agricultural District. South — Residential zoned "A-1" Agricultural District. East — Residential zoned "R-2" One and Two Family Residence District. West — Residential zoned "R-2" One and Two Family Residence District. DEVELOPMENT The area is comprised of residential built between 1899 and 1986. HISTORY: BUFFERS/ No buffers would be required for this request. SCREENING REQUIRED: DRAINAGE: Rezoning the land would not appear to have a negative impact on drainage in the area. FLOODPLAIN: The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0186F, dated July 18, 2011. PUBLIC /OPEN The nearest Elementary School is Lincoln Elementary School SPACES/ SCHOOLS: which is located 1.03 miles to the southwest, George Washington 2036 Ashland and adjoining lots — Al to R2 pgDge4f Elf 277 October 1, 2019 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Carver Middle School which is located 0.92 miles to the southeast, and East High School which is located 2.30 miles to the southeast. The nearest open space is Ray Tiller Park which is located 0.19 miles to the southwest. There is water main that runs in Ashland Avenue from Donald Street to Midland Street then on Midland Street to the west. There is no sanitary or storm sewer in the area. The proposed homes will be served by septic systems. The Future Land Use Map designates this area as Low Density Residential. The applicant is requesting to rezone approximately 8.054 acres of land from "A-1" Agricultural District to "R-2" One and Two Family Residence District in order to build two single family homes on the adjacent parcels. While the east side of Midland Avenue is zoned "A-1" Agricultural District, the west side is zoned "R-2" and along with homes on the west side of Fairview Avenue which backs to the properties on the east side of Midland. It would appear that this rezoning request would be in keeping with the character of the neighborhood. During Tech Review Gentz asked if septic's will be approved in this area to which Schroeder said he did not see a problem but noted that it would be nice to be able to get sewers out this area. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Linda Woock to rezone approximately 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of two single family homes at 2036 Ashland Avenue and the adjoining properties be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area. 3. Homes on the west side of Ashland Avenue and on the west side of Fairview are also zoned "R-2" One and Two Family Residence District, and the request would appear to be in character with the area. 2036 Ashland and adjoining lots — Al to R2 pgDge42f Elf 277 City of Waterloo Planning, Programming and Zoning Commission October 1, 2019 ROCA LN C-2 R-3 W'DONALD ST. ............ NMI 1IIIr-Z_IIIIEY1 ¢I z VIRGINIAISTI AVIS CT 0 w CD 0 MIDLAND ST I:: MIDLAND ST r > > Q R_1� z o Q Lu z Q R-P I:o z cc w cc ? 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WWIW ulupii11 1111 tl1j'111i11111i IIIIII Ii tl111„u u1U1U11111" ' '111tl111 luu1W11 lull) 1 1 W III1161WMilu111111111I1111IIIIIp°9N' 1111111111111 ➢ I11I'jjil�Ii11111i1I i1111IV�111 uuuuuWuuuuuul�uuuuuuuy1 001 41111111111000111111 ly1 1i1Vu llu1uuuuuu111111111 1111iuu 1111111, luuuuu 11111 111111111,uu1111 1111111 ,xu„�l01ul1l1 mnu1P Area to be Rezoned III V' I�IIII^^' 1Il1I'1, °11p Y,l 1i1 1,°N,'1IIM'A 1111, 1 111'u1111V1' "11I11111,11 16, 1111111 wl' y1111��µ '1 m ''1111' I uilillli VIII IIIIIIIIIIuuu�M uu 1 uuuuuu u 1 u11 tlllli 1111'I'u 1i1 u11 umiiiullllliiiiiiiiiiuluiiu um11 Illiumuull 1111umuuuuulu'1lui 1^^1 1111pI;1;1�1WRo� 1IIIIII,1"1Ydimii°ii I1 1 u111V °Ipuuu11III �VIII1111111111111111111u61 III III 11111111I,1u11111„'m111'u11 1111 J11uuIIIIl111IIIIIIVIIIIIIIIIIIIl1IIl1IIIW ''11u 1111�I11Imo 111I11 m IIVIolIN1 i i111"11 1II' I I qi I Wlulll 11111,111 1'11111 IIIIIIIIIIII 11Wo111111111IWIIMo'' p1111 111110011"1111111111110 I 1I1U°I'V1�� N1uuu11 'NIiiNV,yu111iIIIuy lVuu"IIIIIII um liiu 111 I'�o1, I IIIIIIII uulllll M1;IMI'11p,IjIIUVIIpIIIIlI 11^ 10° 1111111,111111111111111111111111 l' 111uiiiuuuVl� plilgpll (IIII mpuuuh , 1 1111uuuuuumpy °'1111I p 11111 p d 11I 1lllullll Iml,uumyuuuuuuulllllluu 1iu11I ui111111uu111111111um111""111u11Vpuudl 1 m1u 1 1111� u1 a U16 11'1111111M11111i N11 uuu °1M Iu1 1111, P1 11 w u11V1 1u1�11u11 1111 NN �61 1 ^'h 111d6um11M°°...IIuu111111111VN111.i .�� 1 1. 11 1luuoil 11111111111111 2036 Ashland and adjoining properties Rezone from "A-1" to "R-2" Linda Woock Page 44 of 277 30 September 2019 Planning, Programming & Zoning Commission City of Waterloo 715 Mulberry St. Waterloo, IA 50703 We received notification of a request by Linda Woock to rezone approximately 2036 Ashland and two adjacent lots from "A-1" Agricultural District to "R-2" One and Two Family District to allow for construction of two single family homes. Enclosed is our list of concerns and/or questions about the requested rezoning. We are providing this to you in writing in case we are not able to attend the meeting on Tuesday, October 1' Sincerely, (IAA. Dennis Clark & Mary Eldridge 2204 Ashland Ave Waterloo, IA 50703 Page 45 of 277 ZONING concerns, questions The proposed housing really challenges the existing neighborhood's "acreage living" atmosphere. How will be our responsibilities, being in the Agricultural zoned area, be affected if the R-2 zoning is approved? Waterway / drainage: A natural water drainage basin for rainfall, snow melt, etc. comes from north of Airline Hwy, runs south into a wetland owned partly by a private land owner and partly by Allen/Unity Point Hospital, then continues south into a wetland/pond at our address (2204 Ashland Ave), then from there south into a pond at the East boundary of the property named in the zoning request, then continues south to Donald St and beyond.., Each of these ponds/wetlands is important to mitigating the impact of the flow of rainfall and snowmelt. Concern: If one or more new home -owner of the property where the rezoning is requested would decide to fill in or dam up the pond or otherwise impede the waterway, it would have a negative effect on properties located to the north and south, and could also cause problems with Donald Street itself. Would it be possible to have something in writing added to the zoning change (if approved) that would insure this would not be allowed to happen? Is the plan for a total of 3 houses, including the one presently on the site? This will cause additional water run-off from roofs and possible harm from septic tanks/fields to the waterway. Why is a zoning change necessary? Would it ever be able to go back to Agricultural? Would the lots go from Ashland Ave all the way East to the current lot boundary? Will this affect property taxes in the area? Have there been previous requests by others for similar zoning changes in this area? Affect to the roads? Would it cause changes to be made to Ashland? Or Midland? Will any of the houses have access onto Midland? Would it be possible for the agricultural zoning to stay on the Waterway portion of the proposed zoning change area, to protect the unique supporting habitat? Are there examples of similar "agricultural to residential" zoning changes which have been made in this area? Dennis Clark Mary Eldridge 2204 Ashland Ave Waterloo, IA 50703 Page 46 of 277 Responses to ZONI G concerns, questions How will be our responsibilities, being in the Agricultural zoned area, be affected if the R-2 zoning is approved? The change in zoning will have no impact on responsibilities. Your property zoned "A-1" Agricultural District already adjoins property to the east and south that is zoned "R-2" One and Two Family Residence District. Waterway / drainage: A natural water drainage basin for rainfall, snow melt, etc. comes from north of Airline Hwy, runs south into a wetland owned partly by a private land owner and partly by Allen/Unity Point Hospital, then continues south into a wetland/pond at our address (2204 Ashland Ave), then from there south into a pond at the East boundary of the property named in the zoning request, then continues south to Donald St and beyond... Each of these ponds/wetlands is important to mitigating the impact of the flow of rainfall and snowmelt. Concern: If one or more new home -owner of the property where the rezoning is requested would decide to fill in or dam up the pond or otherwise impede the waterway, it would have a negative effect on properties located to the north and south, and could also cause problems with Donald Street itself. Would it be possible to have something in writing added to the zoning change (if approved) that would insure this would not be allowed to happen? Either the current property owner, or a future property owner would be responsible to follow all drainage laws and DNR wetland requirements. It is possible for the Planning and Zoning Commission to recommend approval with conditions, and such conditions could address drainage or wetland issues. Is the plan for a total of 3 houses, including the one presently on the site? This will cause additional water run-off from roofs and possible harm from septic tanks/fields to the waterway. The property owner has indicated that they would like to build two additional houses in addition to the existing house. One would be to the north of the existing house, and one would be to the south. We do not anticipate any concerns with water runoff from three homes on 8.054 acres. Septic tanks will have to be in accordance with the requirements of the Black Hawk County Health Department. Why is a zoning change necessary? The property owner is requesting to build two additional houses. No additional houses are allowed to be constructed in the current "A-1" Agricultural District; therefore, the zoning change is necessary to build the additional homes. Would it ever be able to go back to Agricultural? It could be requested to be rezoned back to Agricultural, but if the two additional homes are built, rezoning of the land back to "A-1" Agricultural District would make the homes be a non -conforming use as opposed to a legally permitted use. Would the lots go from Ashland Ave all the way East to the current lot boundary? At this point, the property owner is just requesting the property be rezoned, and they have not yet submitted a plat to show how the parcels would lay out. We would anticipate that the parcels would extend all the way to the current east boundary line. Page 47 of 277 Will this affect property taxes in the area? The action of rezoning the land will not affect property taxes inthe area. Construction of new homes could have an affect on assessed values in the area, which assessed values affect property taxes. VVewould recommend you have oconversation with the Black Hawk County Assessor's Office for more information regarding assessed values and the potential impacts that new dwellings may have onother assessed values inthe area. Have there been previous requests by others for similar zoning changes in this area? In the surrounding area, the areas that are currently zoned "R-2" One and Two Family Residence District have been zoned assuch since the adoption ofthe Zoning Ordinance in1969. There have been nosimilar rezone requests inthe area. Affect to the roads? Would it cause changes to be made to Ashland? Or Midland? There are no known affects to the roads, and we would not expect there to be any changes to Ashland or Midland. Will any of the houses have access onto Midland? There is no portion of public Midland St that extends east ofAshland Avenue. There isaprivate Midland Stthat extends east ofAshland Avenue across private property just north ofthe property inquestion. VVewould not anticipate that any homes would gain access from private Midland St, unless they have an agreement with the owners of the street. Would it be possible for the agricultural zoning to stay on the Waterway portion of the proposed zoning change area, to protect the unique supporting habitat? It is possible, but the property owner is requesting torezone the entire property. Rezoning ofthe area would not appear tohave any impact on protecting the area, and the area can equally be protected in the "K'2" One and Two Family Residence District. Much of the "waterway/wetland/pond" area on adjacent properties is already zoned "R-2" One and Two Family Residence District. Arethereexamp|esofsimi|ar"aRhcu|tura|toreddentia|"zonin0chanQeswhichhavebeenmadeinthis area? As noted above, there are not any examples of similar zoning changes in this area, because the surroundin8areasthatarezoned"R'2"OneandTovoFami|yResidenceDistricthavebeenzunedauuuch since adoption of the Zoning Ordinance in 1969, and no one has requested that the areas currently zoned "Arl"Agricultural berezoned. These questions were provided in a letter dated 3eptember3O 2019 signed by Dennis Clark & Mary Page 48 of 277 Rezone — 2036 Ashland and adjacent lots Looking south from Midland Street toward the existing house at 2036 Ashland Avenue. Ni I1I,HIIIIIVIIVGIm"�j(ilVpo'u' u„roll„IIIINuv,wpmm'hgµl'lIV'�i.d�"u� �.W...�:.^I'"PM-a2%,�a�l qmAti Looking southeast at the lot north of 2036 Ashland Avenue. 416 101011 uul ll4l llllly IIII 2036 Ashland Avenue. ��IIIIYi; � l'pilil;�jlillunf�Il�J', ���1��",�1Mli I���YIII'I�lii II'�,Il�il',II,I Vli i °1 iuiii � 14 Illvuluml!llili'nl!jf'i� �IIIII���II u llllll�ulll�lllll�llllhh � liiiiiiiii' ��hil'Ilil��ii�l'911IIIIIIIIIIIIII�,,,,,;l,l,,,,,,,,ll��l��� �UJllllllul "��,�u�!Af1�CVel�I�,yCsl�"I°"����nuutlIIIIIIVIIIVIuulllll�IlPiiilllllllii II � Lot south of 2036 Ashland and the adjacent property. Page 49 of 277 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.. APPLICATION INFORMATION: a. Applicant's name (please/print): e_t L) Address: / 5/^74" t Q O'^^4Phone: ""; ,/^ ,,,,,714^;?,,2 c"),^^.2 >4) Fax: City: L State: Zip: b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name ifdifferent han above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: 41V)c wol)(."( ) tcto.4 co) ..ret (:)(1( Ce.„1 .4 "k""\ '1/4. CA. VI.d. C,Ckflt"." b. Legal description of property to be rezoned: I, (t 1 co, 1 1,-() C (-7 oF„LO ^,^ . v evi. et 6-1 "4 6,1 LeL ) en, "fl So a C,',„7, c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): ii7Li K L's2 d. Area of Proposed Zoning Boundary (Excluding Right of Way): 7 e. Current zoning: - Qr „Q„7, t Requested zoning: f. Reason(s) for rezoning and ^ oposed use(s) of property: kh 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 back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. S'ignature of Applicant Date Signature of Owner Page 50 of 277 Legal Description Lot 13, and all of Lot 14 except the South 80', Cushman Heights, Waterloo, Black Hawk County, Iowa Page 51 of 277 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property generally located south of of 428 Cherry Street, to Jeannette Cockrell, in the amount of $1,040, with no development agreement. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date 1°p rc:rnrrog; &. Zorn. Schroeder, A .c Approved. 10/23/2,019 - p p:23 AM Cllerk Office p^"vcn, p:,eAnrrb Approved 10/23/2,019 ... 3 1:41 AC\J ATTACHMENTS: Description D Vcitaded Ref }rt/Aeil-1 d D App�u� rt• o SUBJECT: Submitted by: Type Coven- .\4 eiru.roo Laver Memo Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Resolution authorizing the sale and conveyance of city owned property generally located south of of 428 Cherry Street, to Jeannette Cockrell, in the amount of $1,040, with no development agreement, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval, as the request meets the City Owned Sale of Property Policy. The property was acquired through Iowa Code 657A and was recently demolished. The dimensions of the property are 42' x 116' or 4,872 square feet. Therefore, the lot does not meet the minimum lot width of 50' or the Summary Statement: minimum lot size of 6,000 square feet required by the Waterloo Zoning Ordinance. Therefore, staff feels that the lot is not likely to be built upon in the near future. The current assessed value is $1,040, which is the new value post demolition according to the Black Hawk County Assessors office. Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of City owned Lots Legal Descriptions: DREWS SUBDIVISION S 42 FT LOT 5 Page 52 of 277 6/21/2017 Printable Map Output Black Hawk Count Parcel Ma • Parcel ID: :913-24-460-006 geed Holder: ITY OF WATERLOO DREWS SUBDIVISION S 42 FT LOT 5 hospital airport Ilradspt parka_ parks twprne a` Railroads ✓ Townships • tractions Water Parcels RlQht,ofW.y N, .) Township City tines rallroad„dim rcaddlm watamame_ parcaidim roadnama_ .Halal Phohts Black Hawk Co. . ry;�.nopoii�il lack Hawk County, Iowa 16 East 5th Street aterloo, Iowa 50703-4774 hone: (319) 833-3002 ax: (319) 833-3070 -mail: auditor 6ko„black-tuawk.ia.us,o ry„ y1,M10.. ap Disclaimer: This map does not represent a survey, No liability is assumed for the ccuracy of the data delineated herein, either expressed or implied by Black Hawk County, he Black Hawk County Assessor or their employees. This map is compiled from official ecords, including plats, surveys, recorded deeds, and contracts, and only contains nformatlon required for local government purposes. See the recorded documents for more •etailed legal information. Page 53 of 27171 6/21/2017 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-24-460-006 PDF No. 7 Map Area EWTLO-03 Property Address Deed Holder CITY OF WATERLOO Contract Buyer Tax Mall to Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT 'WATERLOO, IA 50703-0000 Current Recorded Transfer Date Drawn Date Filed Recorded Document 10/25/2012 10/30/2012 2013 008799 Type SALES BUILDING PERMIT None Date Number Amount Reason /12/2017 WA 03919 0 Demo/Rmvl 12/6/2016 FC 0 Demo/Rmvl ASSESSED VALUES/CREDITS Year 2017 Values as Approved by Board of Review Action 100% Value Taxable Value Land10 Multi -Residential Land 1,040 Land 1,040 Multi -Residential Land 0 Dwelling 0 Dwelling 0 lass E Building Total cres 0 1,040 Building otal 0 1,040 J Year 2016 100% Value Taxable Value Year 2015 100% Value Taxable Value Land 2,960 Land 2, 960 Multi -Residential Land 0 Multi -Residential Land 0 Land 2,960 Land 2,960 Multi -Residential Land 0 Multi -Residential Land 0 Class Class Dwelling 32,120 Dwelling 32,120 Dwelling 32,120 Dwelling 32,120 Building 0 Total 35,080 Building 0 Building 0 Total Acres 0 Total 35,080 Acres 35,080 0 Building 0 Total 35,080 Year 2014 100% Value Taxable Value Land 2,960 Land Tax District Corp Nocorp 2,960 Multi -Residential Land 0 Multi -Residential Land 0 Class Dwelling 32,120 Dwelling 32,120 Building 0 Total 35,080 Building 0 TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017 941131 - WATERLOO RATH AREA TIF AMD1 Gross Value 0 0 Taxable Value 0 0 Military Exemption 0 0 Levy Rate 40.78414 0, Gross Tax $0.00 $0.00 Acres 0 Total 35,080 Net Tax $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit http://www2.co.black-hawk.ia.uslwebsite/#ohm ap/bhRepDet.asp?apn=891324460006 Ag Credit Business Property Tax Credit 6/21/2017 Black Hawk County Detailed Parcel Report LEGAL 5 LAND Basis Front'Rea Side 1 ide 2 Lot rea Hcres Front Foot -rn, 1 116 116 MOIMM 872 •.1 2 otals: IOM 872 u.112 7'1 19 WO DK [262] 10 6 16 FR 13 [1561 12 26 26 B A FR (MAIN) [572] 22 7 18 16 FR OP [126] http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324460006 Page 55 of 277,2 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 CI Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement Li Sale of City -Owned Property Applicant: C.ogKv-diAddress: 24 A© ., 11 er r j General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: Phone No.: f p? 33 -73W) 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 Ifundred 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 ofcurbs, etc): Asking price — Deductions = Value of Property: 11 Offer Price for Entire Area: (240, 24; Note: The above information is a summary of the Sale ofProperty 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: 5. Ot Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additi ia1 construction as the reason for the request. plicant Date *Not r quired for easement vacates sidewalk vacates or Encroachment Agreements Page 56 of 277 Page 57 of 277 CITY OF WATERLOO Council Communication FY 2020 Cedar River Dam Repairs, Contract No. 996. City Council Meeting: 10/28/2019 Prepared: 10/22/2019 REVIEWERS: Department Reviewer is^nng duneenivag; Knutson., ,Dunnnu Clerk Oftnce ipnz"p y f�dunnay Action Date Approved 10/22/2,019 9:43 AM .Approved. 10/2.2/2,0 i9 ... g .A.M ATTACHMENTS: Description Type 1:.3nuf Tab Backup Maatenai D ] :Frng urnr ev's 1:3nui 'pll"call u.u. at on g3,ackinpp NI uuurt.a . SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer GO Bonds Page 58 of 277 FY 2020 Cedar River Bladder Dam Repairs Contract No. 996 Estimate: $105,000.00 Bid Security Required Bidder Bid Security Bid Amount J.F. Brennan Company, Inc. o $387,850.00 La Crosse, WI 5 �0 $388,350.00 (corrected) Peterson Contractors, Inc. Reinbeck, IA 5% $586,405.00 Page 59 of 277 Steege Construction, Inc. Waverly, IA Base Bid: Alt Alt Alt Alt Alt Alt Huff Contracting, Inc. Waterloo, IA Base Bid: Alt Alt Alt Alt Cardinal Construction Waterloo, IA Base Bid: Alt Alt Alt Alt Page 60 of 277 FY 2020 CEDAR RIVER BLADDER DAM REPAIRS CONTRACT NO. 996 ct [0 BID OPENING DATE: OCTOBER 24, 2019 Peterson Contractors, Inc. Item Price $ 375.00 $ 400.00 00 0 v M 0 Lri c-1 y $ 400.00 $ 425.00 00 0 0 M 0 0 0 0 c-I ,-1 $ 3,750.00 0 0 0 0 0 c-1 $ 63,000.00 0 0 0 0 L() c-1 $ 46,000.00 0 0 0 0 Lfl N 0 0 0 0 0- .--1 $ 586,405.00 Peterson Contractors. Inc. Unit Price 0 O Lfl 1, in 0 O O 00 in 0 O n .-1 iR 0 O M 00 in 0 O O CO in $ 85.00 0 O O LO UT 0 O O 0 -UT $ 750.00 0 0 O 0 O O .--1 in $ 700.00 $ 15,000.00 0 O O M N in 0 O O 0 O Lfl N in $ 410,000.00 J.F. Brennan Company, Inc. Item Price 0 0 O M i/} 0 0 O M in 0 0 O M tn. 0 0 O M fn. 0 0 O M i/} O 0 O M fn. O 0 O M tn. o 0 O 0 tn. 0 0 Lit N in $ 25,000.00 0 O 00 0 O 0 tn. 0 O 0 O 0 0 in $ 26,000.00 0 O 0 0 0 c-1 in 0 0 0 C3 N ey C1 W Let 00 03 ®p J.F. Brennan Company, Inc. Unit Price $ 272.00 $ 272.00 0 00 in $ 272.00 $ 272.00 $ 272.00 O Ni N i/} $ 400.00 $ 350.00 0 O O Lf1 N in 0 N .--1 .--1 L} 0 O 0 0 0 c-1 in $ 130.00 0 O O 0 c-1 in $ 112,000.00 Engr. Est. Item Price 0 0 Lfl NI c-1 i/} $ 125.00 00'00i $ 0 0 O Ln N i/} 0 0 Lfl N -1 in $ 125.00 0 0 Lff N c-1 i/} $ 2,500.00 0 0 O Lfl N i/} 0 0 O 0 0 i/} 0 0 O 0 0 c-1 in $ 5,000.00 0 0 O 0 0 O Lfl V} 0 0 O 0 0 Lrl th 0 0 O 0 0 O NI ill- $ 104,725.00 Engr. Est. Unit Price $ 25.00 0 O LA N in $ 5.00 0 O O «l in $ 25.00 $ 25.00 0 0 LA NI in $ 250.00 $ 250.00 0 O O 0 0 N in 0 O O 0 N in 0 O O 0 0 Lfl in $ 250.00 0 0 O 0 0 Lfl in 0 0 O 0 0 0 N in Est. Quantity Lfl Lfl 0 N L() Lfl Ul Lfl Oi Lfl c-I 06 r1 200 c-1 .-1 C W W W W W W W W W J 0 J 0 J J Item Description 3/4" ELBOW, SCH 40, BRASS 3/4" NPT TO 3/4" HOSE BARB, BRASS 3/4" WORM DRIVE HOSE CLAMP, STAINLESS 3/4" HOSE INSERT, STAINLESS. 24" LENGTH 3/4: HOSE, EDPM, POLYESTER REINFORCED, 26" LENGTH 3/4" NPT TO 3/4" HOSE BARB, STAINLESS 3/4" DIA X 1" LONG PLASTIC TUBE 8" WIDE BY 110" +/- RESTRAINING STRAP BLADDER LEAK REPAIR AIR PRESSURE TESTING SANDBAG COFFERDAM COFFERDAM PUMPING CONCRETE GROUT TRAFFIC CONTROL MOBILIZATION O yZ c-1 N M Lfl LO 1� 00 Ol O c-I c-1 c-I Ni c-I M c-I c-I Lfl c-I 0 0 0 V f6 0 0 CO 0 0 0 fV 1 N !a 0( v 0) 40 (13 0 0 L v V 0 fa O Lfl 30 0) t O O 0 00 CO M -VT 0 0 V 0 L 0 0 Ln c-i rcs cL in N v V O Ln 30 �C C (li .5 bb 0.D .c -• 0 L -0 • 0 4 v N 0 C 0 ry V C � 0 b V v W r0 N c -O 0 N 0 0/ O O f • W CJ W al 00- CO O Z iMn Page 61 of 277 CITY OF WATERLOO Council Communication Dry Run Creek Interceptor, Contract No. 877. City Council Meeting: 10/28/2019 Prepared: 10/22/2019 REVIEWERS: Department Reviewer Action Date 3:^ nng pnnneening; Knutson, Jamie .Approved 10/22/2,019 .... p 1:443 A.C1/11. Clerk Office .E"ven., 1.,eArtn .Rejected 10/2.3/2,0 g9 ... 9:2,4 .A.M. lmrering p^"verr,I:,eAnrb .Approved 10/23/2,019...9:38A\4 t.'llerk Oft. .Ever., p:.ehn n .Approved. 10/23/20 g9 - .9:38 AM SUBJECT: Public hearing cancelled and rescheduled for November 12, 2019. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Page 62 of 277 CITY OF WATERLOO Council Communication Resolution approving a Consulting Services Agreement between Magellan Advisors, LLC, Waterloo Telecommunications Utility, and the City of Waterloo, to perform a comprehensive community broadband feasibility study, in the amount of $84,450, together with the recommendation of approval of the Waterloo Telecommunications Utility Board, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date Clerk Office, Feeble, Kelley Approved. 10/2,3/2,0 i9 i :i4 AM ATTACHMENTS: Description D A.../ eernen:t D Presentation D Strategy and Aetiarrn i"lurn D Waaterloo Broadband i D Broadband Satuo,iactioi SUBJECT: Type Backup Maueiruaai up Material ekup Material. �A. 6t ac.k up Material airu ai,iiity Ra se,areMaterial Resolution approving a Consulting Services Agreement between Magellan Advisors, LLC, Waterloo Telecommunications Utility, and the City of Waterloo, to perform a comprehensive community broadband feasibility study, in the amount of $84,450, together with the recommendation of approval of the Waterloo Telecommunications Utility Board, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval. Summary Statement: On September 24, 2019, the Waterloo Telecommunications Utility Board approved engaging Magellan Advisors to perform a comprehensive community broadband feasibility study jointly with the City of Waterloo. The City Council took action on October 7, 2019 to reallocate $110,000 of bond funds pay costs associated with the feasibility study. Page 63 of 277 Consulting Services Agreement This Consulting Services Agreement (the "Agreement") is made effective as of , 2019 (the "Effective Date"), by and between Waterloo Telecommunications Utility ("CLIENT"), a municipal telecommunications utility of the City of Waterloo, Iowa, whose address is 715 Mulberry Street, Waterloo, IA 50703, and Magellan Advisors, LLC ("Consultant"), a Florida Limited Liability Company, whose address is 999 18th Street, Suite 3000, Denver, CO 80202, whose federal Tax ID Number is 65-1218484. The City of Waterloo, Iowa (the "City") is also made a party to this Agreement for the limited purposes stated herein. WITNESSETH: WHEREAS, the CLIENT desires to retain Consultant to provide professional consulting services as more particularly described herein to the CLIENT and Consultant desires to provide such professional consulting services to the CLIENT, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the legal sufficiency of which are hereby acknowledged, the parties agree as follows. 1.0 SCOPE OF WORK 1.1 Services. Consultant shall provide to the CLIENT professional consulting services and deliverables as detailed in Exhibit A, "Scope of Work" of this Agreement. 1.2 Notice to Proceed and Performance Schedule - Consultant shall proceed to perform the consulting services only upon receipt of a written notice to proceed from the CLIENT and shall thereafter complete the consulting services and provide the project deliverables pursuant to the performance schedule set forth in Exhibit A. 1.3 Confidentiality — Subject to the provisions of Article 5 below, in order for Consultant to perform the consulting services, it may be necessary for the CLIENT to provide Consultant with confidential information (as defined below) regarding the CLIENT's business and products. The CLIENT shall provide confidential information to aid Consultant in performance and fulfillment of consulting services. Consultant shall not use confidential information for any uses other than to fulfill stated consulting services. 1.4 Standard of Conduct - In rendering consulting services under this Agreement, Consultant shall conform to highest professional standards of work and business ethics. Consultant shall not use time, materials, or equipment of the CLIENT without the prior consent of the CLIENT. In no event shall Consultant take any action or fail to take any action or accept any assistance or engage in any activity that would result in any university or other educational institution, governmental body (except the Client), research institute or other person, entity or organization, public or private, acquiring any rights of any nature resulting from the consulting services performed by or for the CLIENT. 1.5 Outside Services - Consultant shall not subcontract or otherwise employ or use the service of any other person, entity or organization in the performance of the consulting services without the prior written consent of the Client. Should the Client consent to the use by Consultant of the services of any other person, entity or organization, no information regarding the consulting services to be performed under this Agreement shall be disclosed to that person, entity or organization until such person, entity or organization has executed (1) an agreement consistent with the confidentiality provisions hereof to protect the confidentiality of the CLIENT's Confidential Information (as defined below) and (2) an agreement agreeing to the CLIENT's absolute and Page 64 of 277 complete ownership of all right, title and interest in the consulting services work performed and the deliverables provided by such person, entity or organization under or with respect to this Agreement and including provisions substantially in the form of Section 4.3, Section 5.3 and Article 6 hereof. 1.6 Reports — Upon request by the CLIENT, Consultant shall periodically provide the CLIENT with written progress reports of its observations and conclusions regarding the consulting services. As part of the consulting services, Consultant shall prepare a final report describing the consulting services and containing the information, findings, determinations and recommendations of Consultant, all as more particularly described in Exhibit A hereto. ARTICLE 2 - INDEPENDENT CONTRACTOR 2.1 Independent Contractor - Consultant is an independent contractor and is not an employee, partner, or co -venturer of, or in any other service relationship with the CLIENT. The manner in which Consultant's services are rendered shall be within Consultant's sole control and discretion. Except as otherwise agreed by the parties, Consultant shall provide all personnel and all equipment, tools, materials, supplies or other items necessary to perform its services hereunder, at no additional cost to CLIENT except as set forth in Section 3.1. Consultant is not authorized to speak for, represent, or obligate the CLIENT in any manner without the prior express written authorization of the CLIENT. 2.2 Taxes - Consultant shall be responsible for all taxes arising from compensation and other amounts paid under this Agreement, and shall be responsible for all payroll taxes and fringe benefits of Consultant's employees. Neither federal, nor state, nor local income tax, nor payroll tax of any kind, shall be withheld or paid by the CLIENT on behalf of Consultant or its employees. Consultant understands that it is responsible to pay, according to law, Consultant's taxes, and Consultant shall, when requested by the CLIENT, properly document to the CLIENT that any and all federal and state taxes have been paid. 2.3 Benefits - Consultant and Consultant's employees will not be eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan, of the CLIENT. No workers' compensation insurance shall be obtained by CLIENT covering Consultant or Consultant's employees. ARTICLE 3 - COMPENSATION FOR CONSULTING SERVICES 3.1 Compensation — Consultant shall be paid the rates for performance of the consulting services as set forth in Exhibit B, attached hereto and made a part hereof. CLIENT is exempt from tax, and no invoice from Consultant shall include sales or use tax. Invoices shall contain a detailed breakdown of the services performed for which payment is being requested. Consultant shall not be entitled to any other compensation or reimbursement, unless the parties amend this Agreement in writing to provide for same. All invoices received by the CLIENT shall be reviewed and approved in writing by the Client and the City. Consultant shall provide a copy of each invoice to the City concurrently with delivery of same to the CLIENT. The City shall pay invoices within 30 days from the date the invoice is approved or advise Consultant in writing of reasons for not approving or processing the invoice for payment. Notwithstanding anything to the contrary herein, Consultant shall not dispatch an invoice to the CLIENT until the CLIENT has provided written confirmation to Consultant that all consulting services to be described in a subject invoice pursuant to this Agreement have been fulfilled. The Consultant shall clearly state "final invoice" on Consultant's last/final billing invoice, which shall also contain a certification that all consulting services have been fully performed by Consultant in accordance with this Agreement, that all charges and costs have been invoiced to the CLIENT, and that any further charges not included on the final invoice are waived. Acceptance of final payment shall constitute a waiver of all claims and liens against the CLIENT for additional payments of any nature. ARTICLE 4 - TERM AND TERMINATION 2 Page 65 of 277 4.1 Term — The term of this Agreement will commence upon the Effective Date and remain in effect for one year. Consultant covenants to complete the services and provide the project deliverables detailed in Exhibit A hereof in a timely manner in accordance with the duration of the project and agreed upon schedules referenced in Exhibits A and B hereof. The CLIENT and Consultant may by mutual agreement negotiate to extend the term of this Agreement and the terms and conditions under which the relationship shall continue. The CLIENT and Consultant shall amend this Agreement in such case. 4.2 Termination - The CLIENT may terminate this Agreement in whole or in part and take possession of all materials, documents, plans and designs related to the consulting services in Consultant's possession and may finish the services by whatever reasonable method the CLIENT may deem expedient without prejudice to any right or remedy it has hereunder and after giving Consultant thirty (30) calendar days written notice, during which period Consultant shall have the opportunity to cure the violation, in the following events: (1) Consultant enters into any bankruptcy proceedings or is adjudged as bankrupt or a receiver is appointed on account of its insolvency; (2) failure to supply appropriate personnel or materials to timely complete the consulting services; (3) failure to commence and maintain the performance schedule for completing the consulting services; (4) disregard of laws, rules, regulations, ordinances of any public authority with competent jurisdiction; (5) any violation of the provisions of this Agreement; or (6) any other just cause. If any event giving rise to a right to terminate cannot, with reasonable diligence, be cured within 30 days, then Consultant shall have an additional reasonable period of time, not to exceed an additional 60 days, in which to cure the default or violation. CLIENT may proceed with termination if Consultant fails to cure the default or violation within the applicable cure period. 4.3 Responsibility upon Termination — Upon termination, Consultant shall forthwith deliver to the CLIENT all original papers, records, documents, drafts, drawings, models and other material set forth and described in this Agreement, together with any equipment provided by the CLIENT to the Consultant in connection with or furtherance of the performance of the consulting services by Consultant under this Agreement, including, but not limited to, computers, laptops, and personal management tools. ARTICLE 5 - CONFIDENTIAL INFORMATION 5.1 Obligation of Confidentiality - In performing consulting services under this Agreement, Consultant may be exposed to and required to use certain "Confidential Information" (as hereinafter defined) of the CLIENT. Consultant agrees that Consultant shall not, and Consultant's employees, agents or representatives shall not, use, directly or indirectly, such Confidential Information for the benefit of any person, entity or organization other than the CLIENT, or disclose such Confidential Information without the written authorization of CLIENT, either during or after the term of this Agreement, for as long as such information retains the characteristics of Confidential Information. The parties hereby agree that the project deliverables shall be treated as Confidential Information, and to preserve the confidentiality of same Consultant agrees that the project deliverables will be delivered only to CLIENT and not to the City. 5.2 Definition - "Confidential Information" means information, not generally known, and proprietary to the CLIENT or to a third party for whom the CLIENT is performing work, including, without limitation, information concerning any patents or trade secrets, confidential or secret designs, processes, formulae, source codes, plans, devices or material, research and development, proprietary software, analysis, techniques, materials or designs (whether or not patented or patentable), directly or indirectly useful in any aspect of the business of the CLIENT, any vendor names, customer and supplier lists, databases, management systems and sales and marketing plans of the CLIENT, any confidential secret development or research work of the 3 Page 66 of 277 CLIENT, or any other confidential information or proprietary aspects of the business of the CLIENT. All information which Consultant acquires or becomes acquainted with during the period of this Agreement, whether developed by Consultant or by others, which Consultant has a reasonable basis to believe to be Confidential Information, or which is treated by the CLIENT as being Confidential Information, whether or not specifically marked or designated as Confidential Information, shall be presumed to be Confidential Information. 5.3 Property of the CLIENT - Consultant agrees that all plans, manuals and specific materials developed by the Consultant on behalf of the CLIENT in connection with consulting services rendered under this Agreement, are and shall remain the exclusive property of the CLIENT. Promptly upon the expiration or termination of this Agreement, or upon the request of the CLIENT, Consultant shall return to the CLIENT all documents and tangible items, including samples, provided to Consultant or created by Consultant for use in connection with services to be rendered hereunder, including without limitation all Confidential Information, together with all copies and abstracts thereof. ARTICLE 6 - RIGHTS AND DATA 6.1 Data - All drawings, models, designs, formulas, methods, documents, reports and any other tangible items of any nature whatsoever, prepared for the CLIENT, whether in hard copy, paper copy, by electronic means or any other format, by Consultant in connection with the consulting services rendered under this Agreement shall belong exclusively to the CLIENT and shall be deemed to be works made for hire (the "Deliverable Items"). To the extent that any of the Deliverable Items may not, by operation of law, be works made for hire, Consultant hereby assigns to the CLIENT the ownership of copyright or mask work in the Deliverable Items, and the CLIENT shall have the right to obtain and hold in its own name any trademark, copyright, or mask work registration, and any other registrations and similar protection which may be available in the Deliverable Items. Consultant agrees to give the CLIENT or its designees all assistance reasonably required to perfect such rights. ARTICLE 7 - CONFLICT OF INTEREST AND NON -SOLICITATION 7.1 Conflict of Interest - Consultant covenants and agrees not to consult or provide any services in any manner or capacity to a direct competitor of the CLIENT, a vendor of CLIENT, or any person or entity that has a franchise or agreement to provide telecommunications services in CLIENT's jurisdiction during the duration of this Agreement unless express written authorization to do so is given by CLIENT. 7.2 Non -Solicitation - Consultant covenants and agrees that during the term of this Agreement, Consultant will not, directly or indirectly, through an existing corporation, unincorporated business, affiliated party, successor employer or otherwise, solicit, hire for employment or work with, on a full-time or part-time, consulting, advising or any other basis, other than on behalf of the CLIENT, any employee or independent contractor employed by the CLIENT while Consultant is performing the consulting services for the CLIENT. ARTICLE 8 - MAINTENANCE OF RECORDS 8.1 Consultant shall keep adequate records and supporting documentation related to the consulting services provided hereunder for a minimum period of three (3) years from the date of termination of this Agreement. The CLIENT or its authorized agents shall have the right to audit, inspect, or copy all such records and documentation upon reasonable notice and timeframes. All records and documentation related to the consulting services provided under this Agreement shall be maintained in accordance with applicable grant award requirements and standards, as well as applicable state and local laws. ARTICLE 9 — INSURANCE 4 Page 67 of 277 9.1 During the term of this Agreement, Consultant shall pay for and maintain the types of insurance described below issued by companies with A.M. Best ratings of A- or better. Prior to undertaking any consulting services, Consultant shall provide to the CLIENT properly executed Certificates of Insurance showing the CLIENT and the City as additional insureds and providing that thirty (30) days written notice shall be provided to the CLIENT and the City of any cancellation, intent to not renew, or reduction in the coverages. Consultant's policies of insurance shall be primary and non-contributory. Renewal certificates of insurance, as may be applicable, shall also be provided to the CLIENT and the City. Upon request, Consultant shall also provide copies of the policies to the CLIENT and the City. 9.2 Required Insurance a. Commercial General Liability Insurance —coverage on an occurrence basis with no less than the following limits of liability: Single Limit Bodily Injury & Property Damage —for each occurrence $1 Million and annual aggregate, $1 Million; and Personal Injury —Annual aggregate, $1 Million. b. Comprehensive Automobile Liability —for all vehicles used in the performance of this Agreement: Single Limit Bodily Injury & Property Damage -each occurrence $1 Million. Coverage shall include owned, rental and/or non -owned vehicles. c. Professional Liability with limits not less than $1 Million. If coverage is made on a claims made basis, then coverage must be maintained for the duration of this Agreement and for not less than one (1) year thereafter, or in lieu of continuation, provide and "extended reporting clause" for one (1) year. d. The CLIENT reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. ARTICLE 10 - INDEMNIFICATION 10.1 Consultant agrees to indemnify, defend and hold harmless the CLIENT and the City, and the respective officers, agents and employees of each, from and against any liability, loss, damage or expense (including without limitation all costs and reasonable attorneys' fees) suffered by the CLIENT or the City arising from any claim, demand, judgment, decree, or cause of action of any kind or nature arising out of any breach of this Agreement, negligent error, omission, negligent act, recklessness, or intentional wrongful act of Consultant, its agents, employees, or servants, in the performance of the consulting services under this Agreement. ARTICLE 11 - REMEDIES and VENUE 11.1 This Agreement shall be governed by the laws of the State of Florida without regard to the principles of conflict of laws thereunder, except matters for which Iowa municipal entities cannot waive the applicability of Iowa law or consent to the law of another jurisdiction, and matters pertaining to the status of CLIENT as a municipality, all of which shall be governed by Iowa law. No remedy herein conferred upon a party to this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 11.2 If any legal, administrative or equitable action or other proceeding is brought for the enforcement of this Agreement, the prevailing party or parties shall be entitled to recover 5 Page 68 of 277 reasonable attorneys' fees and costs (at trial and through any appellate proceedings), in addition to any other relief to which such party or parties may be entitled. ARTICLE 12 - NOTICES 12.1 All Notices required to be given under this Agreement shall be sent via email with a copy sent by certified mail, return receipt requested or by overnight traceable delivery, as follows: To the Consultant: Magellan Advisors, LLC 999 18l Street, Suite 3000, Denver, CO 80202 To the CLIENT: With copy to: Waterloo Telecommunications Utility 715 Mulberry Street, Waterloo, IA 50703 Attn: Board Chair City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 Attn: Chief Financial Officer Consultant agrees that the project deliverables will be delivered only to CLIENT and not to the City. ARTICLE 13 - GENERAL PROVISIONS 13.1 Construction of Terms - If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, that provision shall be severed and shall not affect the validity or enforceability of the remaining provisions. 13.2 Complete Agreement - This Agreement and the Exhibits attached hereto constitute the complete agreement and set forth the entire understanding and agreement of the parties as to the subject matter of this Agreement and supersede all prior discussions and understandings in respect to the subject of this Agreement, whether written or oral. 13.3 Dispute Resolution - If there is any dispute or controversy between the parties arising out of or relating to this Agreement, the parties agree to make good -faith effort to resolve such dispute or controversy by mediation before resorting to judicial remedies. 13.4 Modification - This Agreement may only be modified, amended, superseded or otherwise altered by written instrument executed by the parties hereto. 13.5 Waiver of Breach - The waiver by a party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the party in breach. 13.6 Successors and Assigns - This Agreement may not be assigned by either party without the prior written consent of the other party; provided, however, that the Agreement shall be assignable by the CLIENT without Consultant's consent in the event the CLIENT is acquired by or merged into another business entity. The benefits and obligations of this Agreement shall be binding upon and inure to the parties hereto, their successors and assigns. 13.7 No Conflict - Consultant warrants that Consultant has not previously assumed any obligations inconsistent with those undertaken by Consultant under this Agreement. 13.8 Time of Essence - Time is of the essence in this Agreement. 6 Page 69 of 277 13.9 Survival - All terms of this Agreement relating to the enforcement of this Agreement, confidentiality, property of CLIENT, data, remedies, and indemnification shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties have executed this Consulting Services Agreement by their duly authorized representatives as of the date set forth above. CONSULTANT CLIENT Magellan Advisors, LLC Waterloo Telecommunications Utility Signature: By: Title: Date: Address: John Honker President & CEO 10-22-2019 Signature By: Title: Date: Andrew Van Fleet Chair, Board of Trustees 999 18l Street, Suite 3000 715 Mulberry Street Address: Denver, CO 80202 Waterloo, IA 50703 Agreed to for the limited purposes set forth above: City of Waterloo, Iowa By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 7 Page 70 of 277 EXHIBIT A Scope of Work Task 1. Kick -Off Meeting, Project Charter & Goals Our team will begin the project by conducting an onsite kickoff meeting with the Client project team. The purpose of this meeting is to develop a project charter with clear goals and objectives. This will ensure alignment of our team with yours' and that the final deliverables will meet your expectations. Magellan will also develop a project plan and timeline to meet your schedule. Task 2. Broadband Needs Assessment & Demand Planning Statistically -Valid Surveys Magellan will determine the current broadband environment in Waterloo by understanding what residents and business utilize today. We propose to utilize a statistically -valid survey of residents and businesses to understand the current services that they use, what they pay and what they desire in their internet services. Magellan's conjoint survey methodology will answer the following questions for the Client and the City to help educate leaders on the State of Broadband in Waterloo: 1. What services are available to residents and businesses? 2. How many providers do residents and businesses have access to in Waterloo? 3. Is there a digital divide in Waterloo and to what degree? 4. Where are the territories of each provider and do they compete? 5. What do residents and business pay today? 6. What speeds do residents and businesses receive today? 7. Are residents and businesses getting what they pay for? 8. What market share does each provider hold today? 9. If the Client provided services directly or through a partnership, what take rates could it expect? 10. What prices, speeds and packages are most demanded by residents and businesses? Magellan will conduct separate residential and business surveys of the Waterloo community. Stakeholder Outreach Magellan proposes to hold interviews with key community organizations to gain an understanding of their current and future broadband and technology needs. We believe that engaging your key stakeholders is important to educate the community and make broadband planning an inclusive process with the community. The surveys mentioned above will provide important quantitative data; the stakeholder outreach process provides important qualitative data. It will involve Waterloo's key public organizations to determine community -wide needs for broadband. We would suggest including: 1 Page 71 of 277 • City departments • School district • Local business associations or the chamber of commerce • Residential representatives, opinion leaders or home owners associations • Major healthcare associations or organizations Magellan proposes to hold sessions with community organizations to gain an understanding of their current and future broadband and technology needs. We find the most effective format for these interviews to be in group settings where participants are encouraged to share open, honest feedback with our team. Magellan will collect information from these organizations to help the Client and the City understand the needs of its major stakeholders. Market Analysis The market analysis will determine the services that are available, providers, service level, pricing, and access. We will document all publicly -owned and privately -owned networks in the City and build a comprehensive broadband map to illustrate how the City is served by broadband providers today. The market analysis will also provide a gap analysis, using data from the surveys, to determine where the areas of greatest need are in the City, illustrate where the digital divide may be most apparent and identify key regions of the City where economic development could be bolstered by broadband. Task 3. Broadband Engineering and Cost Estimates Asset Inventory Magellan will conduct a comprehensive asset inventory of any existing fiber network resources and other above and underground assets, including traffic signal, utility pole, and street light infrastructure to determine its usefulness toward improving broadband. In addition, Magellan will research wireless tower assets to identify additional need to support current wireless and future 5G services. This inventory will give the Client and the City a realistic assessment of the infrastructure's capabilities and opportunities to use it as a foundation for deploying broadband, in effort to lower overall costs of deployment. Broadband Engineering Magellan will provide a broadband high-level design and cost estimates to the Client for expanding fiber and wireless services to businesses and residents. We utilize a phased approach to engineering and building broadband networks that allows our municipal clients to evaluate different buildout strategies, considering commercial - only, residential -only and residential plus commercial. Our engineering will give you a clear understanding of the regions of the City to be covered by broadband infrastructure and the costs of deploying the network. The overall engineering process will be based on the needs of the residents, businesses, and anchors in Waterloo. This will determine the bandwidths and speeds, performance, redundancy and scalability requirements, meeting today's 2 Page 72 of 277 needs and future bandwidth requirements, such as: • Gigabit -capable with a path to 10-gigabit High-performance, dedicated connectivity Reliable and redundant Flexible to support multiple technologies, such as GPON and Active Ethernet simultaneously • Scalable to support future growth, density and bandwidth requirements p Multi -service in design — voice, video, data, with the necessary QOS management Supporting future smart city and internet of things applications 110 Our analysis will include method of delivery (FTTP, wireless, fiber/wireless hybrid, etc.), and associated infrastructure and backhaul routes. We will also include full equipment budgets for the network, renewal and replacement and capital expansion requirements over the long-term (15-20 years). Cost Estimates Magellan will provide full cost estimates for all fiber and wireless infrastructure, equipment, services and renewal and replacement. We will also provide complete operating cost estimates for the broadband network, to enable Waterloo to understand all expenses that go into operating and managing services as a retail provider such as Waverly and CFU. This will provide valuable information to inform the Client of the overall costs of providing services versus creating partnerships with current providers. The cost capital and operational cost estimates will be utilized in the Study to evaluate different feasible business models for the Client to consider. Task 4. Analysis of Feasible Business Models Overview and Detailed Analysis of Each Business Model Magellan will provide the Client a side -by -side comparison of each of the feasible business models for expanding broadband in Waterloo. This comparison will provide the essential functions of each business model, the financials, risks, rewards and control elements that are important for the Client's consideration as it evaluates expanding broadband. Magellan will also provide many real -world examples of other cities that have implemented each business model to help the Client better understand the best practices, successes and failures. Magellan believes that the Client should consider the following business models and we are open to evaluating other options for the Client as the project unfolds, as we find unique opportunities in each community that may not conform to a particular business model: • Retail services — business and residential • Retail services — business only • Retail services — residential only • Public -private partnership • Public -public partnership 3 Page 73 of 277 • Open -access • Dark fiber leasing Some of the key questions that we will address in this section include: • What immediate steps could the Client take to improve broadband and what business models would be most effective? • What would it take for the Client to provide all retail services to homes and businesses? • Could the Client work with neighboring broadband utilities, such as CFU or Waverly to reduce risk and bring broadband services to Waterloo more quickly? • Would a public -private partnership be appropriate for Waterloo and what are the tradeoffs that the Client should consider? • Could the Client provide business services first to support economic development, followed by expansion into residential? • What is the financial performance of each business model? What are the costs and how long would it take for the Client to break-even on each business model? • What are the financial and non -financial risks of each business model? Financial Planning for Each Business Model Magellan proposes using our Broadband Financial Sustainability Model to ensure that the City of Waterloo has a full understanding of the business and financial sustainability of various broadband business models. Using these tools will allow the Client to evaluate different business models and make informed decisions on which are most adequate for the City and community — including environments that require no funding. Our models are widely used tools to model feasibility and financial performance for over 50 municipal broadband providers. Magellan's financial modeling tools have been utilized to plan and manage broadband network investments for over $1 billion of broadband investments in the US. Using our financial tools, we suggest using the following process to conduct the business model analysis and make recommendations. We would propose using a 20-year period to analyze business models: 1. Develop the cost model for the network, including one-time and ongoing capital expenditures to build the network. 2. Develop the cost model for operations, including O&M, network operations, field services, staffing, billing and customer service. 3. From the market analysis and outreach, determine the customer segmentation and growth on the network, across each type of customer (business, school, hospital, etc.). 4. Determine customer growth rates for the network, based on benchmarking analysis from other utility and municipal providers. 5. Determine a proposed competitive rate schedule for potential services, using pricing information from the market analysis and benchmarking information. 6. Develop financial statements, pro-formas, depreciation schedules, and 4 Page 74 of 277 cash flows. 7. Conduct comprehensive financial analysis on the project to determine overall financial sustainability using key metrics such as free cash flow, debt service coverage, operating margin, and net income. 8. Use scenario analysis to evaluate different business models and determine which are feasible for the Client to consider. 9. Recommend the most feasible business model based on overall business and financial sustainability, community benefit, and long-term value to the Waterloo community. This model will be designed to generate revenue for the Client for a self -sustained broadband maintenance and development program. Our pro formas will indicate the cost of resources both internally and externally, as estimated based on previous similar engagements. Task 5. Funding Opportunities & Analysis Magellan will provide a detailed analysis of the funding options for the broadband network and operations. Public funding sources analyzed to determine how the Client could fund the project utilizing a variety of vehicles, including municipal bonds, loans, leases, tax increment financing and other municipal options. We believe that some funding streams could come from public grants and private providers and we will help you analyze what funding opportunities are available, potentially reducing the Client's funding requirements. Magellan provides grant writing and compliance for a variety of broadband grant and loan programs managed by the USDA, USAC and FCC. We will provide a deep analysis of programs for which the Client may qualify, amount of funding available and requirements to apply. Our funding analysis will also inform the Client of the best approach to funding the broadband project, which may include the utilization of multiple funding sources where they apply to specific aspects of the project. Task 6: Recommendations & Next Steps Based on the results of the study, a series of key recommendations will be made to inform the Client of the most feasible options to expand high-speed broadband in Waterloo. Recommendations may include key policy decisions that the Client could consider, based on the outcomes of the study. The study will discuss each option in detail and provide a series of next steps that the Client could take to pursue one or more of the feasible options. Timelines, costs and resources will be included in the recommendations and next steps. Magellan will workshop these options with the Client's project team and if desired, with Client or City leadership in a workshop or meeting. Task 7. Final Broadband Feasibility Study Report Magellan will provide a final Comprehensive Feasibility Study to the Client at the conclusion of this engagement. The final report will inform the Client of key information that it can use to make decisions on how to proceed in the most prudent way. This information will include: 5 Page 75 of 277 • Executive summary • Broadband needs assessment and demand • State of Broadband in Waterloo today • Broadband opportunities • Broadband benefits • Broadband design and costs • Broadband financial analysis for each business model • Business model options, financial comparisons, risk and reward tradeoffs • Most feasible options • Recommendations and next steps We will work with the Client's team to refine this plan, so it is highly representative of your stakeholders needs and is relevant to the Waterloo community. The Study will function as the guidebook for broadband development across the City and will include the relevant information necessary for Waterloo to begin implementing its broadband initiative. All supporting information such as individual task analysis, raw data, mapping (ESRI) shapefiles and the technical memoranda from each previous task will be included with the Study. All documents generated to support delivery of the Study will also be provided to the Client. Deliverables See items identified in Task 7 above. In addition to the final report, Magellan will provide all project support materials used to develop the feasibility report. This includes: • GIS Maps of All Infrastructure, Survey Results and Planned Designs, in GIS, KMZ or related formats • Excel financial plans for each business model studied • Excel raw data for residential and business surveys • Project documentation, plans, meeting minutes and agendas Magellan will provide the final report and all other deliverables to the Client but not to the City, in order to preserve the confidentiality of such information as provided in the Agreement. 6 Page 76 of 277 Project Timeline Task Task 1. Kick -Off Meeting, Project Charter & Goals Month 1 Month 2 Month 3 Month 4 Month 5 Task 2. Broadband Needs Assessment & Demand Planning Task 3. Broadband Engineering & Cost Estimates Task 4. Analysis of Feasible Business Models Task 5. Funding Opportunities & Analysis Task 6. Recommendations & Next Steps Task 7. Final Broadband Feasibility Study Report Task 8. Final Presentations to Client Leadership 7 Page 77 of 277 EXHIBIT B Rates and Pricing The total cost of the project is $84,450, including all tasks to be completed by Magellan and a $5,000 expense budget. Magellan's price is not -to -exceed total budget for the project. Magellan will bill in equal installments over the term of the 5- month project on the first day of the month for the current month's services, less a 10% holdback until full project completion. Task Task 1. Kick -Off Meeting, Project Charter & Goals Cost $7,000 Task 2. Broadband Needs Assessment & Demand Planning $10,500 Task 3. Broadband Engineering & Cost Estimates $14,000 Task 4. Analysis of Feasible Business Models $12,250 Task 5. Funding Opportunities & Analysis $12,250 Task 6. Recommendations & Next Steps $8,750 Task 7. Final Broadband Feasibility Study Report $10,500 Task 8. Final Presentations to Client Leadership $4,200 Travel & Incidental Expenses $5,000 Total Not To Exceed Price $84,450 1 Page 78 of 277 I 1111111111�III�,m11�^;II 101111, ,, ,,,I111I11111 uy i11ii11111111� V ,11111111111111111111111111111111 'll il1uup lllllluuuo „1 lllllllpr ppiuV11lijyiiiN '���^'1llkh!Ii�II�I�IIUlw 1 ���� �jjIIIIIIIIIIV� Ii101,h llllliilllllll uuuw IIm� w �IAIiIII NNIIIIfGuII^I�IVIIIIIuuur �m�� 6 ululi' erfii ,,, al l hiI,I,Ipml '(';1y�1 111"'ryiu'11I,111umu11ulluulw„., , ��11u P �,ptlll�����V�ill wl1 lillllll� ���' ���„uINB,III'lhll �mu�,mMl .CY.'., �9 �umo1r�111nrwr p11i���lijilllllllllllllliiiVlll'i';P�u�itllll'I°„"IiA� W ���.��.� ��. 11111111111111111111,�p1�1�1111.1uo 11.0!liiii�i�il "'lui li ��INiiiiillll II III NI URi'�'�dldlll R '11Il�+l�Yj�lVl IIm'h I � 'IiiAllluuul ;II'�;i111!VIf11jj1 r I�, �Iwdi�N� .;r.dl� wuewus', � ddlllulluyull ui'11iW�1 gll,'pM'a 111„I'' II�IN'1 { I�r�f /%��^�""'I'"IIIIIII�IIIIIIIII ,11111 wHn111I'V f V'11:NV�nv�,pi� ^ �liiiiiiiiiiil viw,w, ".��I yV�l 1.11!/ I .,11 fl ittE Ci- CD CD iscr >- sect icrX ,11,1111 moon 110 nnnnnnnl I. 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L. 0 Stakeholder Needs Assessment with Specific Community Information • Private Networks) • • • • GIS-Based Broadband Broadband Gap & Issue Analysis State of Broadband in • atrix & Alternatives Comprehensive Financial Plans odel(s) and Supporting Reasons Recommended • r) 43 ra 45j<a) E E E o -a 2 (1) E Qi W cr) • . re) Page 90 of 277 O w 0 E c 0 a C-0 E E 0 0 C., y •Yyfc ''•'''' "4 - v.,4,., ';; ' 4 •, M ,' 77 ' • 1' ' ly•YY7' Y•'1, 111 il)11,1111( l'(1'11011111111111101,1111 1„1,11)4111i1r,811,1,1,1,111111,1„,,,,,,,,, • • • „ ,yr,f )))11,1111,111: 1))1111)111 '1°11 >11111IR IL “..1•111!:•00A,,) •4:•• )1 • polo oporlp,, P YAAlludollY11101,1,111,111101v,„,1,10000,01dP,11,0,,g, myyy,y11,11,11,,,pyy„.yyloolylopoloolooll11111111111V11 r11,1,1,11,1,1,1,k11,1,1„.1„:„:1,1„:„:„),,,I.i.i.1?,1„1„),11111111.11.11.11.11.11.11.1))1111111p),1,1,1),1,1„1,1,1) yyr: 1111,1,11,101111111111),1,1,1,1,1,1111111111,11,11,11,1 ::""""' )11111111111111111111H :1Yoliii'llll111111111P lollypop poloPooloillir" 1,), 1111,111111111 11(4)\1111poloolo ,I(p II II oloolIlloo 11111111111111111111 ,..,111111111111)11)1; 1:1,„,,;11111)11,1,111,111,111,111,111,111,111,111,1111,1,1•11- 1,1,1,1,1,1,11,111,1111(111111.1111,11.11,11],i11,1111111111 CI • 0 0 0 anl r ff: rrj '0 Jw, 5 53 L 0.0 0 0 E 0 C CP 0 to 07 0 O 0 fl 1j -15 E rcfr ttr ..c 0 0 r 0 0 o. n) 7 0 fl u cy 0 0 0 0 rj 0 cP3 Col 3,) C\I 4- 0) 0) a) EL a) — co 0 WNW 0 0 7L3 e 2G) 9 'E 6 a 0 o) c cD co al o a $2 El c 'Li-- >, ..iu ito CD c 0 5' E 91 C z 1) c **, U ra ) 0 ,(l7 E ›. 0 0 1, 0 A q,111111111111111111111111, 1111111111111111111111 1111111 1111111111111111111h 111 11111111111111111010110, 0,, , 11111111111111111111111111111111111 „„c,,,1111 111,1u gi)14„ 111 1101, 111%11% 111110100000000000000000 11111101,1,1111(1,1„1,111) , \ ‘i,,11111111111 0111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111, ,111t"‘"‘111"11"1"1111"1 110 0 '11110011,' 0,10,101111111111 1,11,11111111111111111111111111111111111111111111 0111,,,„„„1,111 11111 0 111111111 „ „ „ „ 111111 110 111111111111 „ 1.1,10101111'111'111111101111111111111111,1,11,1111,111,0111,11111,11,1111111111111111111' 1III1, 11111111111 Magellan ADVISORS 11110,v1111111111111111111„ Nii1,111111111111,11, 1,110 :1111m11.,„ M*04%6110414 1111111111 1000011 ;111 1/ 1,1° 11''111 )!' i11* , f 11111111,i 1 , 1,g1t" 1'1 ),41. J1,111 „„ „„„„„,„„ 111111111 Dirolli000l1111111111„„111i 1111111111 00 111111111111111111111111 11111111111111 BROADBAND STRATEGY AND ACTION PLAN Prepared For: Prepared By: Wendy Bovvman Communications IDirector City of Waterloo Magellan Advisors Contact: John Honker Office: .7860208.8952 jhonker@magellan-advisors.com 999 18th Street, Suite 3000 Denver, CO 80202 1111 00,1111110111111,1,1,11 11111,1111,11,11,11,11,10111111111111111111111100000m1,111in(,, onoloolooloollIM,1,1,1,1,1:111 111,111111111111111111111111,111 id111111111111111i,'",' 11111111111111'1111111111 `F ' 11111111111111111111111111111111,11,11,11„„ 1111111111111 ', 000nol,111,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1„1„1„1„1„1„1„1,1,,1,1,111111111,1 1$ 4g01111114m4011016g04Nad101111100m0011110000,111010010 L-tt-r •f . itt.I Dear Mrs. Bowman, Magellan Advisors is proud to respond to the City of Waterloo's Request for Proposals for the Broadband Feasibility Study Project. Magellan is the Country's leading municipal broadband development firm with clients in 30 states, including Iowa. We assist communities plan, engineer, launch and manage broadband services in the municipal environment, with over 50 active municipal broadband networks in operation today. We take an ecosystem approach to broadband that incorporates not only high-speed Internet into the planning, but also smart city technologies and municipal communications that are critical to how municipalities will conduct business in the future. We help you prepare for the Internet of things by integrating broadband and smart city technologies into your long-term plan, helping you ensure that Waterloo is prepared to take advantage of all future wired and wireless applications. Magellan has worked significantly with Iowa communities on broadband development. We understand the local environment, broadband markets and Iowa Utilities Board statutes that are pertinent to these projects. We have worked with the City of Waverly to plan and launch their gigabit Internet services to homes and businesses. We provided teams of expert to assist Waverly at key stages of their development, including: • Comprehensive broadband feasibility study with ground -up community outreach and support • Engineering design and costing for the network to cover 100% of the community • Broadband business plan, giving the City a strategic roadmap for their fiber services • Financing support with Waverly's bond council and financial advisors Magellan also provided similar services to the City of Indianola by crafting community and economic development focused strategies in their business plan to guide their deployment of broadband services. Finally, Magellan developed the City of Davenport's broadband feasibility study that educated city management and council on the most appropriate broadband strategies. This work lead to the recent partnership with Metronet, a regional provider that is now building out fiber to the home in Davenport under a master development agreement with the City. In all three cases, Magellan's work lead to significant improvement in local broadband services for Iowa communities and we propose to do the same for the City of Waterloo. We will do the same for Waterloo. We will develop an action plan for Waterloo to immediately move forward and make broadband improvements to the community, focused on retaining and attracting new businesses, improving residential services and making Waterloo a high-tech community. Unlike other consulting firms, Magellan only recommends real -world, achievable solutions based on our assessment of the City's capabilities, funding environment and requirements of the community. We give you clear side by side comparisons of the feasible options and roadmaps showing the City how to deploy each option. Finally, we provide strategic recommendations on the most feasible options, build consensus with your team and present the findings to City leadership and Council. If you have any questions or we can be of assistance in any way, please feel free to contact me with any questions or comments. You can reach me directly at 786.208.8952 or Jhonker@magellan-advisors.com. Sincerely, John Honker, President & CEO, Magellan Advisors Page 2 www.magellan-advisors.com gig@magellapa {box 277 Ila AD��,ISORS Overview �� Magellan Advisors ^ ��"�������N����� ��U U��U������NN���� ��k����Usors Magellan is the only firm that provides comprehensive broadband o|onning, implementation and project management services, enabling our clients with a turnkey consulting partner that helps them through every step ofthe process. Our project teornsonacornphsedofprofessiona|svithsi0nificont operational experience in the broadband, public utility, local government, smart city and information technology sectors. Unlike many consulting firms, we have deep business and operational expertise planning, building and managing networks, skills that one paramount to helping our clients o|on and implement their own broadband networks and smart city initiatives by creating effective internal and external partnerships. Our consultants develop rea|-w/odd, actionable strategies that organizations can rely on to support the development of their broadband and smart city initiatives. No other firm in the industry has these combined capabilities. | � � U kL m | U� 0 1� l� " � � � � / ` 1111111 11 .� } A III 111111J 1" ' Im I MIWON RBER TO CONNECTIONS THE PREMISE 1K 0 �� ~��=COMMON ANCHORS ������ ���������� ITY Our combination of unmatched broadband, telecom, business and operational experience creates actionable strategies that communities use to realize their broadband and smart city objectives. We have led the planning, funding, construction and management of over 50 fiber to the premise networks passing over 1 million homes and connecting more than 1.000 auhoo|o' hospitals, government offices and community organizations. Our work has resulted in over $1 billion in new broadband investments nationwide. Magellan has helped more communities auc000efu||y plan, implement and manage gigabit broadband networks than any other firm inthe market. Magellan uses o customized approach in every project based on the needs ofour clients and their communities. We develop innovative solutions that allow public and private organizations to best utilize their strengths to expand broadband and develop smart city applications. Magellan is at the forefront of public -private partnership development, working to negotiate and forge these partnerships between public organizations and private broadband providers. Conquering broadband issues often takes the participation of multiple parties that are aligned around common goals. yWoge||en helps communities recruit innovative providers and form strategic partnerships that benefit providers and the communities they serve. Portfolio of Services OIDIUIlI01DID,l10,D,0,110,0,A�lON,D,ll0,0,0,110,0,IANIPN/0/110,0,0,1/O,O,O,I/O,G,O.NIA mono; wpm ,U01»!lliifil�l»ljlll��lf�alf Il�f(»��ll/l�!��VV IV ilip11(If1l�lrpi 1J11% (��11`ryllf l l�il lylllJ�{JJ1�rJl�l�r�lul�jrllllJ<al `Illilml�q I I >��r�r���»�»t��it«�uooii uiuluii FEASIBILITY ITY & Ill l.... NI I LI'.I (+.IA 4I'Ik BUSINESS PLANNING GRANT VVI'='I'1II C1, Customized business and financial studies that give you real -world scenarios for your deployment • Conjoint Market Research • Competitive Analysis • Needs Assessments • Business Strategy • Bond, Bank & Fund Ready Financial Plans • Real -World Capital & Operational costing • Business Risk Analysis ll!Il1ll11 lon&K sign & stration uun� mart Grid & Telenom 11 GAF -& ()SAC nalysls ding Sutapod e Grants ammptiance NETWORK IMPI...FMENTATION Turnkey project & construction management for networks, data centers, electronics & content • Program Management • Procurements • Construction Management • Inspections & Closeout • Electronics Integration • Internet, Voice & Video Content Acquisition • Data Center Integration • Beta Testing & Network Commissioning ire/%,_,_,. it ( 1 &nageat n and & Emert rditionce Fiber & Wireless Engineering Our broadband design and engineering services provide the latest technical designs for fiber -to -the - premise, backbone, metro and long -haul networks. Our wireless design and engineering services develop effective fixed wireless, microwave and WiFi networks to cover the most challenging terrain. Our services cover all aspects of broadband design and engineering, from outside plant fiber and wireless, to equipment, to services and content, to BSS/OSS and systems integration. • FTTH, FTTP, Metro & Long -Haul Fiber • Fixed Wireless, Microwave & WiFi • GPON, Active Ethernet & WDM • Routing, Switching & MPLS • Internet, Voice & Video Integration • BSS/OSS & Network Management Feasibility & Business Planning Magellan helps public organizations and broadband operators determine reasonable expectations for deploying fiber to the premise networks. We develop comprehensive feasibility studies that assess the current broadband environment and determine the opportunities to deploy advanced broadband networks. Our feasibility studies are real world tested and based on the latest broadband industry trends that provide strategic direction for communities to achieve their broadband and smart city goals. Magellan helps public organizations and broadband operators determine reasonable expectations for deploying fiber to the premise networks. We develop comprehensive feasibility studies that assess the current broadband environment and determine the opportunities to deploy advanced broadband networks. Our feasibility studies are real world tested and based on the latest broadband industry trends that provide strategic direction for communities to achieve their broadband and smart city goals. • Community Needs Assessments • Market Analysis • Network Analysis & Inventory • Business Models & Financial Planning • Design & Engineering • Opportunity, Risk & Benefit Analysis Page 4 www.magellan-advisors.com gig@magellapa { ogec 277 Funding & Grant Writing Magellan provides extensive financial planning services for organizations looking to invest in advanced broadband networks. Our extensive financial plans help government organizations and private operators understand the opportunities and risks and the most feasible financial strategies to achieve their goals. Our plans are investment ready and are routinely used to support funding with bond underwriters, banks, private equity firms and grant programs. Magellan also maintains a portfolio of financing partners and grant programs that we bring to communities to help them acquire funding. • Investment -Ready Financial Plans • Funding Development • Partner Recruitment • Broadband Grant Writing & Management • FCC, E-Rate, CAF & State Programs • Economic Development Grant Programs Network Implementation Magellan helps operators, utilities and government organizations implement next -generation networks and smart city initiatives. We provide turnkey project and construction management services that enable these organizations to maintain resources that cover every aspect of deploying broadband networks, from fiber and wireless network deployment, to equipment and content integration, to marketing and sales, to operations and management. Magellan provides the only turnkey solution that enables these organizations to deploy their networks in a timely manner and launch their networks with the confidence to achieve the best results in their communities. • Procurement & Contract Negotiation * Construction Management * Network Commissioning & Certification • Content Acquisition & Agreements • Sales & Go To Market Strategy • Business & Operations Management Business & Operations Magellan provides ongoing retail operations for munis and utilities that want the expertise of a seasoned telecommunications partner. Magellan Broadband Solutions provides ongoing operations for fiber and wireless networks, including sales, marketing, network operations, finance, accounting and general management. Magellan becomes an extension of your organization, fulfilling specific functions with teams of seasoned experts that have been operating broadband networks for more than 50 years. * Ongoing Sales & Marketing • Business Management • Project & Construction Management * Network Expansion * New Services Launch • Network Operations * Field Operations * Engineering Additional Services Magellan provides a wide range of supplementary services in information technology and security, smart city planning and networking technology fields. Many of our services complement one another, allowing Magellan to provide a one -stop -shop for our clients' full range of broadband, smart city, IT and security needs. Magellan's experts lead the industry in planning and deploying the latest technology solutions to meet a wide range of business needs. As the Internet of Things transitions from concept to reality, Magellan helps its clients adapt to the rapidly changing world and prepare communities to thrive in the digital domain. • Information Technology • Smart City Consulting • Public Safety CJIS Consulting • Utility Security & SCADA Consulting • PCI Compliance & Implementation • Information Security Consulting Page 5 www.magellan-advisors.com gig@magellap6{6o 277 Business Models & Partnerships Magellan is on the forefront of emerging business models and partnership development within the broadband industry. We successfully plan, negotiate and execute partnership agreements between public organizations and private operators, leveraging the strengths of each organization to benefit the community. We have a stellar record of recruiting broadband providers to local communities and helping these organizations make their communities Gigabit Ready. • Dark Fiber, Open Access, Triple Play • Feasibility Analysis of Business Models • Public -Private Partnerships • Partner Recruitment & RFQs • Advocacy & Negotiation in Partnerships • Opportunity, Risk & Benefit Analysis Policy Development Magellan maintains knowledge of best practice in policy development and organizational structure for implementing and operating broadband networks and smart city initiatives. We help municipalities and utilities organize and refine internal business processes for improved communications, project management, financial management and policy development. We provide our clients a knowledgebase of zoning, right of way management and wireless policies for enabling and facilitating the development of broadband infrastructures and smart city initiatives. Our commendations generate business processes and workflows that improve internal and external partnerships for streamlining ongoing expansion of broadband and smart city deployments. • Right of Way Management Ordinance O Wireless Ordinance & Guidelines • Fiber Ordinance & Guidelines • Dig Once & Joint Trench Policies Telecommunications Master Funding • Internal & External Working Groups Page 6 www.magellan-advisors.com gig@magellap6{6c 277 Project Team Bios John Honker: President & CEO John is a seasoned broadband and telecom executive with 20 years' experience across public and private sectors. His first 10 years were spent with Columbus Networks planning and managing broadband networks across 20 countries in the Americas region. Under his leadership, Columbus' Internet Services grew from $0 to $100 million in annual revenue over 7 years. As a key founder of Magellan, John has managed over 100 public and private broadband projects across the U.S. from concept to completion, helping dozens of communities' plan and deploy FTTH networks. John's role has been to guide the business, strategy and financial aspects of these projects to ensure his clients understand how to deploy FTTH networks in a fiscally responsible and cash -flow driven methodology that supports long-term financial sustainability. Courtney Violette: Chief Operating Officer Courtney has led over one hundred municipal broadband planning and implementation projects across the country. He is a Certified Fiber -To -The -Home Professional and holds several technical certifications in broadband, information technology and information security. Prior to joining Magellan, he spent seven years as the CIO for the City of Palm Coast. During this time, he planned and built the first true City -owned open -access network in the Southeast. Through his leadership, the network grew to serve government, business, education and healthcare needs across the City, saving these organizations millions of dollars and providing gigabit connectivity to meet the community's needs. Courtney holds an MA in Information Technology Management and a BS in Computer Science from Webster University. Greg Laudeman: Project Manager Greg Laudeman is a leader in innovative, talent and technology -based economic development strategy, research, and implementation. He is the Executive & Founder of Eduity, LLC, which provides talent- and technology -based economic development services and is applying social media to transform workforce planning and development. Greg's diverse experience as an analyst, communicator, facilitator, and organizer has always focused on how technology can make communities and organizations more competitive, innovative, and productive. For over a decade Greg led community technology outreach efforts for the Georgia Tech Enterprise Innovation Institute. Greg has a doctorate in Learning and Leadership from the University of Tennessee at Chattanooga, has master's degrees in public policy from Georgia Tech and Telecommunications from Michigan State, and a bachelor's degree in mass communication from UTC. Matthew Southwell: Telecommunications Analyst Matthew has over 10 years in the telecommunications field. Matthew's career began as a U.S Army Sergeant where he worked on emergency operations communication systems, Sat-Com radio systems, and deploying weekly COMSEC key changes OTAR (Over the Air Rekeying) with newly deployed radio systems during two Operation Enduring Freedom deployments. Matthew's private sector work includes work with a Motorola radio distributor and contractor where he supported many Federal, State, and local County entities to include: Department of Homeland Security, Immigration and Customs Enforcement, Drug Enforcement Administration, Florida Highway Patrol, Greater Orlando Airport Authority, Orange County Sheriff's Office, and the Lake County Sheriff's Office. Page 7 www.magellan-advisors.com gig@magellapa{ogg277 1111111110111111111111111111111111111111111111111111111,1.1).1).1,j1,1 ivihgo Mark Lane: Sr. Technical Consultant Mark Lane has over 30 years of experience in enterprise IT, carrier network operations, and technology consulting. While serving as CTO for Bristol Virginia Utilities OptiNet, he helped provide the strategic direction and practical implementation responsible for their fiber -to -the -premise (FTTP) network build -out and broadband service deployment for eight counties in Southwest, VA. His vision and leadership contributed to Bristol, VA being selected as an Intelligent Community Forum Top 7 Intelligent City in 2009. Mark received a bachelor's in computer science from the University of Tennessee. Ashley Poling: Project Management Analyst Ashley has been a member of the Magellan Advisors team since 2014, initially in the capacity of Business Development Manager and most recently as a Project Management Analyst. She has been integral in supporting Magellan in sourcing business through the request for proposal and proposal process, and now supports the Southeast Team in project management, client engagement, and deliverable development. Ashley has a BA degree in Education with a minor in Political Science. Page 8 www.magellan-advisors.com gig@magellapa y oluonof 277 Key Customers Customer City of Tuscaloosa Salt River Project ,000000 ,00000000, 00000, o0000000, o0000000000, Pima Area Council of Governments overly titittties ama. Arizona City, Winter Haven oo„ o00000000000000000000v�00000000000000000000000000, o000000000000000000000000. Arizona City of Fort Lauderdale or Rancho Cucamonga Ca.liforn'ia Rancho Santa Fe fCalifornia if of Huntington Beach California. City of Manhattan Beach California City,of Mission Viejo California City of Santa Ana California City of Fairfield California City of Ventura q California ,.y 1 City of Oxnard California CityCity of La. Mesa............�.�.�.�.�.�.�.�.�.;. California w.w.w.w.w.w.w.w.w.w.w.w.w. �.w.w. w.w.w.w. w.w.w.w.w.w. w.w.w City of Chula Vista California City of Hayward California City of Concord California City of Alameda California Cityof Glendale California City of San Leandro California Cfty of Davis California a Cityof Davis California City of Woodld California City of Winters California City of West Sacramento California Ventura County California Sonoma Goun. 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Florida Florida Idaho Illinois Iowa wa ........ ............... Iowa Louisiana Missouri Monna Montana Ohio Ohio,,,,,,,,,,,,,,,,,,, Ohio Ohi©.......... Oregon Oregon Oregon Tennessee Tennessee Tennessee Tennessee Tennessee Tennessee Tennessee City of Loveland ColoradoBennesseeVatley;;©ritY............................................................................................ Tennessee Cityof Fort Collins Colorado Lenoir CityUtilities Tennessee City of Yuma Colorado Morrisville Utility Systems Tennessee Colorado Colorado City adof Centennial Coloro Sequacheo Valley Electric Appalacean Electric Cooperative Middle Tennessee Electric Cooperative uck River Electric mbership Cooperative Newport Utilities City u Texas e City ofWray City of ort Morgan 1....Colorado 1 City of Dayton) Texas Yuma County Colorado City of Portsmouth Virginia City of Clermont Florida. Cityof Ne rt News Virginia C City of Ju iter Florida City of Walla Walla Washington Ci of Palm Coast Florida Whitman Count Washin 'ton Page 9 www.magellan-advisors.com gig@magellapa y ols�*.+�erof 277 ire/la Project Approach Phase 1. Magellan believes that the most effective approach to this Study will be through engagement with the Waterloo community to determine their needs and develop broadband strategies that will meet those needs, now and in the future. Phase 1 of the project will assess current broadband needs in Waterloo, determine gaps and identify infrastructure needed to fill those gaps. We will engage with the Waterloo community to understand local needs and plan citywide infrastructure improvements to address needs over time. A summary of phase 1 is shown below. Set Goals & Expectations •Discussions and conclusions from preliminary study •Deve lop Project Plan •Outreach, Communications & Engagement Strategy •"Timeline & Milestones Community Engagement 'Stakeholder Meetings •Interviews & Focus Groups •Statlstically valid surveys for residents and businesses •Develop Needs Assessment City Fiber & Asset; Analysis •Document Assets •Create GIS maps to determine. opportunities 'Determine Usability & Value Gap Analysis & Needs Assessment •Current Issues & Root Causes •used on Stakeholder Needs, today and future. •Long-term chai'lenges Page 10 www.magellan-advisors.com gig@magellapa yem.+y2nbf 277 ire/%,_,_,. A D Phase 2. Phase 2 will determine the City's most viable opportunities to expand broadband infrastructure to meet the community's needs. It will develop infrastructure designs, cost estimates, financial pro formas and business models that the City could utilize to expand broadband. Magellan proposes to workshop these options with the City in detail to facilitate understanding of each business model and build consensus on the best approach for the City to carry out the broadband mission. Based on the most achievable option(s), Magellan will provide a full roadmap, with step-by-step actions that the City should take to meet its broadband goals. Develop Sound Business Models •Retail, Wholesale, Public - Private partnerships •Roles & Responsibilities *Risk 1k Reward Tradeoffs * Workshop With City team. Assess Financial Feasibility •Separate financials for each business models *Compare metrics between business models *Funding requirements Workshop The Options •Workshop with City tea •Reviiew Ali Feasible Options •Solicit Feedback •Build Consensus on the Best Options Recommend the Strategy •Benefits •Business Model •Costs •Tlmeframe •Risks 'Rooftop to Implement. Strategy Page 11 www.magellan-advisors.com gig@magellapayeois�*.+�srrbf 277 Process Steps & Timelines Task 1. Kick -Off Meeting, Project Charter & Goals Our team will begin the project by conducting an onsite kickoff meeting with the City project team. The purpose of this meeting is to develop a project charter with clear goals and objectives. This will ensure alignment of our team with yours' and that the final deliverables will meet your expectations. Magellan will also develop a project plan and timeline to meet your schedule. Task 2. Broadband Needs Assessment & Demand Planning Statistically -Valid Surveys Magellan will determine the current broadband environment in Waterloo by understanding what residents and business utilize today. We propose to utilize a statistically -valid survey of residents and businesses to understand the current services that they use, what they pay and what they desire in their internet services. Magellan's conjoint survey methodology will answer the following questions for the City to help educate City leaders on the State of Broadband in Waterloo: 1. What services are available to residents and businesses? 2. How many providers do residents and businesses have access to in Waterloo? 3. Is there a digital divide in Waterloo and to what degree? 4. Where are the territories of each provider and do they compete? 5. What do residents and business pay today? 6. What speeds do residents and businesses receive today? 7. Are residents and businesses getting what they pay for? 8. What market share does each provider hold today? 9. If the City provided services directly or through a partnership, what take rates could it expect? 10. What prices, speeds and packages are most demanded by residents and businesses? Magellan will conduct separate residential and business surveys of the Waterloo community. Stakeholder Outreach Magellan proposes to hold interviews with key community organizations to gain an understanding of their current and future broadband and technology needs. We believe that engaging your key stakeholders is important to educate the community and make broadband planning an inclusive process with the community. The surveys mentioned above will provide important quantitative data; the stakeholder outreach process provides important qualitative data. It will involve Waterloo's key public organizations to determine community -wide needs for broadband. We would suggest including: • City departments • School district • Local business associations or the chamber of commerce • Residential representatives, opinion leaders or home owners associations • Major healthcare associations or organizations Magellan proposes to hold sessions with community organizations to gain an understanding of their current and future broadband and technology needs. We find the most effective format for these interviews to be in group settings where participants are encouraged to share open, honest feedback with our team. Magellan will collect information from these organizations to help the City understand the needs of its major stakeholders. Page 12 www.magellan-advisors.com gig@magellaparlyeIs+�4rrbf 277 Market Analysis The market analysis will determine the services that are available, providers, service level, pricing, and access. We will document all publicly -owned and privately -owned networks in the City and build a comprehensive broadband map to illustrate how the City is served by broadband providers today. The market analysis will also provide a gap analysis, using data from the surveys, to determine where the areas of greatest need are in the City, illustrate where the digital divide may be most apparent and identify key regions of the City where economic development could be bolstered by broadband. Task 3. Broadband Engineering and Cost Estimates Asset Inventory Magellan will conduct a comprehensive asset inventory of any existing fiber network resources and other above and underground assets, including traffic signal, utility pole, and street light infrastructure to determine its usefulness toward improving broadband. In addition, Magellan will research wireless tower assets to identify additional need to support current wireless and future 5G services. This inventory will give the City a realistic assessment of the infrastructure's capabilities and opportunities to use it as a foundation for deploying broadband, in effort to lower overall costs of deployment. Broadband Engineering Magellan will provide a broadband high-level design and cost estimates to the City for expanding fiber and wireless services to businesses and residents. We utilize a phased approach to engineering and building broadband networks that allows our municipal clients to evaluate different buildout strategies, considering commercial -only, residential -only and residential plus commercial. Our engineering will give you a clear understanding of the regions of the City to be covered by broadband infrastructure and the costs of deploying the network. The overall engineering process will be based on the needs of the residents, businesses, and anchors in Waterloo. This will determine the bandwidths and speeds, performance, redundancy and scalability requirements, meeting today's needs and future bandwidth requirements, such as: Gigabit -capable with a path to 10-gigabit High-performance, dedicated connectivity Reliable and redundant Flexible to support multiple technologies, such as GPON and Active Ethernet simultaneously Scalable to support future growth, density and bandwidth requirements Multi -service in design — voice, video, data, with the necessary QOS management Supporting future smart city and internet of things applications Our analysis will include method of delivery (FTTP, wireless, fiber/wireless hybrid, etc.), and associated infrastructure and backhaul routes. We will also include full equipment budgets for the network, renewal and replacement and capital expansion requirements over the long-term (15-20 years). Cost Estimates Magellan will provide full cost estimates for all fiber and wireless infrastructure, equipment, services and renewal and replacement. We will also provide complete operating cost estimates for the broadband network, to enable Waterloo to understand all expenses that go into operating and managing services as a retail provider such as Waverly and CFU. This will provide valuable information to inform the City of the overall costs of providing services versus creating partnerships with current providers. The cost capital and Page 13 www.magellan-advisors.com gig@magellapa y oiTy5nof 277 operational cost estimates will be utilized in the Study to evaluate different feasible business models for the City to consider. Task 4. Analysis of Feasible Business Models Overview and Detailed Analysis of Each Business Model Magellan will provide the City a side -by -side comparison of each of the feasible business models for expanding broadband in Waterloo. This comparison will provide the essential functions of each business model, the financials, risks, rewards and control elements that are important for the City's consideration as it evaluates expanding broadband. Magellan will also provide many real -world examples of other cities that have implemented each business model to help the City better understand the best practices, successes and failures. Magellan believes that the City should consider the following business models and we are open to evaluating other options for the City as the project unfolds, as we find unique opportunities in each community that may not conform to a particular business model: • Retail services — business and residential • Retail services — business only • Retail services — residential only • Public -private partnership • Public -public partnership • Open -access • Dark fiber leasing Some of the key questions that we will address in this section include: • What immediate steps could the City take to improve broadband and what business models would be most effective? • What would it take for the City to provide all retail services to homes and businesses? • Could the City work with neighboring broadband utilities, such as CFU or Waverly to reduce risk and bring broadband services to Waterloo more quickly? • Would a public -private partnership be appropriate for Waterloo and what are the tradeoffs that the City should consider? • Could the City provide business services first to support economic development, followed by expansion into residential? • What is the financial performance of each business model? What are the costs and how long would it take for the City to break-even on each business model? • What are the financial and non -financial risks of each business model? Financial Planning for Each Business Model Magellan proposes using our Broadband Financial Sustainability Model to ensure that the City of Waterloo has a full understanding of the business and financial sustainability of various broadband business models. Using these tools will allow the City to evaluate different business models and make informed decisions on which are most adequate for the City and community — including environments that require no funding. Page 14 www.magellan-advisors.com gig@magellapa y ols+ rrof 277 Our models are widely used tools to model feasibility and financial performance for over 50 municipal broadband providers. Magellan's financial modeling tools have been utilized to plan and manage broadband network investments for over $1 billion of broadband investments in the US. Using our financial tools, we suggest using the following process to conduct the business model analysis and make recommendations. We would propose using a 20-year period to analyze business models: 1. Develop the cost model for the network, including one-time and ongoing capital expenditures to build the network. 2. Develop the cost model for operations, including O&M, network operations, field services, staffing, billing and customer service. 3. From the market analysis and outreach, determine the customer segmentation and growth on the network, across each type of customer (business, school, hospital, etc.). 4. Determine customer growth rates for the network, based on benchmarking analysis from other utility and municipal providers. 5. Determine a proposed competitive rate schedule for potential services, using pricing information from the market analysis and benchmarking information. 6. Develop financial statements, pro-formas, depreciation schedules, and cash flows. 7. Conduct comprehensive financial analysis on the project to determine overall financial sustainability using key metrics such as free cash flow, debt service coverage, operating margin, and net income. 8. Use scenario analysis to evaluate different business models and determine which are feasible for the City to consider. 9. Recommend the most feasible business model based on overall business and financial sustainability, community benefit, and long-term value to the Waterloo community. This model will be designed to generate revenue for the City for a self -sustained broadband maintenance and development program. Our pro formas will indicate the cost of resources both internally and externally, as estimated based on previous similar engagements. Task 5. Funding Opportunities & Analysis Magellan will provide a detailed analysis of the funding options for the broadband network and operations. Public funding sources analyzed to determine how the City could fund the project utilizing a variety of vehicles, including municipal bonds, loans, leases, tax increment financing and other municipal options. We believe that some funding streams could come from public grants and private providers and we will help you analyze what funding opportunities are available, potentially reducing the City's funding requirements. Magellan provides grant writing and compliance for a variety of broadband grant and loan programs managed by the USDA, USAC and FCC. We will provide a deep analysis of programs for which the City may qualify, amount of funding available and requirements to apply. Our funding analysis will also inform the City of the best approach to funding the broadband project, which may include the utilization of multiple funding sources where they apply to specific aspects of the project. Task 6: Recommendations & Next Steps Based on the results of the study, a series of key recommendations will be made to inform City leaders of the most feasible options to expand high-speed broadband in Waterloo. Recommendations may include key policy decisions that the City could consider, based on the outcomes of the study. The study will discuss each option in detail and provide a series of next steps that the City could take to pursue one or more of the feasible options. Timelines, costs and resources will be included in the recommendations and next steps. Magellan will workshop these options with the City's project team and if desired, with City leadership in a Council workshop or meeting. Page 15 www.magellan-advisors.com gig@magellapa y oiwnof 277 Task 7. Final Broadband Feasibility Study Report Magellan will provide a final Comprehensive Feasibility Study to The City of Waterloo at the conclusion of this engagement. The final report will inform the City of key information that it can use to make decisions on how to proceed in the most prudent way. This information will include: • Executive summary • Broadband needs assessment and demand • State of Broadband in Waterloo today • Broadband opportunities • Broadband benefits • Broadband design and costs • Broadband financial analysis for each business model • Business model options, financial comparisons, risk and reward tradeoffs • Most feasible options • Recommendations and next steps We will work with the City's team to refine this plan, so it is highly representative of your stakeholders needs and is relevant to the Waterloo community. The Study will function as the guidebook for broadband development across the City and will include the relevant information necessary for Waterloo to begin implementing its broadband initiative. All supporting information such as individual task analysis, raw data, mapping (ESRI) shapefiles and the technical memoranda from each previous task will be included with the Study. All documents generated to support delivery of the Study will also be provided to the City. Deliverables Magellan will provide a final Comprehensive Feasibility Study to The City of Waterloo at the conclusion of this engagement. The final report will inform the City of key information that it can use to make decisions on how to proceed in the most prudent way. This information will include: • Executive summary • Broadband needs assessment and demand • State of Broadband in Waterloo today • Broadband opportunities • Broadband benefits • Broadband design and costs • Broadband financial analysis for each business model • Business model options, financial comparisons, risk and reward tradeoffs • Most feasible options • Recommendations and next steps We will work with the City's team to refine this plan, so it is highly representative of your stakeholders needs and is relevant to the Waterloo community. The Study will function as the guidebook for broadband development across the City and will include the relevant information necessary for Waterloo to begin implementing its broadband initiative. All supporting information such as individual task analysis, raw data, mapping (ESRI) shapefiles and the technical Page 16 www.magellan-advisors.com gig@magellapa y o1U8nbf 277 memoranda from each previous task will be included with the Study. All documents generated to support delivery of the Study will also be provided to the City. In addition to the final report, Magellan will provide all project support materials used to develop the feasibility report. This includes: • GIS Maps of All Infrastructure, Survey Results and Planned Designs, in GIS, KMZ or related formats • Excel financial plans for each business model studied • Excel raw data for residential and business surveys • Project documentation, plans, meeting minutes and agendas • Project Timeline Task Month 1 Month 2 Month 3 Month 4 Month 5 Task 1. Kick -Off Meeting, Project Charter & Goals Task 2. Broadband Needs Assessment & Demand Planning Task 3. Broadband Engineering & Cost Estimates Task 4. Analysis of Feasible Business Models Task 5. Funding Opportunities & Analysis Task 6. Recommendations & Next Steps Task 7. Final Broadband Feasibility Study Report Task 8. Final Presentations to City Leadership Page 17 www.magellan-advisors.com gig@magellap6teols�*.+�9rrbf 277 Fees For Service The total cost of the project is $84,450, including all tasks to be completed by Magellan and a $5,000 expense budget. Magellan's price is not -to -exceed total budget for the project. Task Task 1. Kick -Off Meeting, Project Charter & Goals Cost $7,000 Task 2. Broadband Needs Assessment & Demand Planning $10,500 Task 3. Broadband Engineering & Cost Estimates $14,000 Task 4. Analysis of Feasible Business Models $12,250 Task 5. Funding Opportunities & Analysis $12,250 Task 6. Recommendations & Next Steps $8,750 Task 7. Final Broadband Feasibility Study Report $10,500 Task 8. Final Presentations to City Leadership $4,200 Travel & Incidental Expenses $5,000 Total Not To Exceed Price $84,450 Page 18 www.magellan-advisors.com gig@magellap6 oticonof 277 Optional Services Magellan Advisors also provides comprehensive fiber and wireless design engineering services and other complementary broadband planning and implementation services at the following rates. Underground Engineering Design $1.25 Per Foot Aerial Engineering Design $1.00 Per Foot Pole Loading Analysis $50 Per Pole Pole Make Ready Engineering $50 Per Pole Broadband Equipment Design $175 Per Hour Broadband Business Strategy $175 Per Hour Broadband Financial Planning $175 Per Hour Broadband Sales & Marketing Planning $175 Per Hour Broadband Procurement & Vendor Management $175 Per Hour Broadband Operations Planning $175 Per Hour Page 19 www.magellan-advisors.com gig@magellap 6°1 F bf 277 t rloo •roa••. • : art ity u Commissioned by: Waterloo Industrial Development Association Provided by: BigGig Iowa, LLC Author: David LaMarche Revision: 3 Date: August 31, 2018 Executive Overviiew • City Objective o Ensure availability of fast, reliable Internet services to 95%+ of Waterloo businesses and residences as soon as possible o Be prepared to be a Smart City • High -Speed Internet Connectivity Technologies o Fiber to the Premise • Cost - $48M to $76M o Fiber -fast Wireless & Fiber Hybrid • Cost - $18M • Potential Public/Private Partnership • Partner with an ISP that has the technical expertise to build and operate a network throughout the city • City owns the fiber • Control your destiny • Ownership with vested interest, go -fast model, limits distraction to city staff • Sets city up to be a true smart city • Use for smart city technologies, self -driving vehicle sensors, public and event Wi-Fi, cameras, intelligent traffic management, emergency vehicle preemption, system monitoring (fire, gas, electric, water), intra-city communication, emerging technologies. Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 112 of 277 Table of Contents Executive Overview 1 Introduction: 4 Taking Waterloo to Next Generation Broadband 6 Waterloo Builds a Stand-alone ISP 7 Head -end Network and Backhaul 8 Core Network Infrastructure 11 Access Network — Fiber to the Premise 12 Access Network — Fiber -fast Wireless & Fiber Hybrid 12 Staffing 15 Financial Analysis 16 Waterloo Partners with a Third Party 18 Independent Third Party Provides Broadband Services 26 Do Nothing - Leave Broadband Availability to Grow Organically 27 Smart City Findings 28 Waterloo 29 Ames 30 Ankeny 31 Cedar Rapids 31 Council Bluffs 31 Davenport 31 Des Moines 31 Dubuque 32 Iowa City 33 Sioux City 33 West Des Moines 33 Other 34 Appendix - Internet Access Basics 35 What IS the Internet? 35 What is the Internet of Things (loT)? 36 What do all those numbers mean? 36 How does all this affect my Internet experience? 37 Broadband speed and why it matters 37 210 age Waterloo Broadband & Smart City Study I Author: David LaMarche Page 113 of 277 Latency 38 How fast does an Internet connection need to be? 39 The Access Network 40 Cable (e.g. MediaCom) 40 DSL (e.g. CenturyLink) 42 Fiber Optic (e.g. Cedar Falls Utilities) 43 Fixed Wireless Access 43 Future - Drones(!?) 44 3 1 Waterloo Broadband & Smart City Study I Author: David LaMarche Page 114 of 277 Orutroduucfuom The City of Waterloo, Iowa and WIDA (Waterloo Industrial Development Association) have contracted BigGig Iowa, LLC to perform this Study in support of achieving The City of Waterloo's goal of ensuring availability of fast, reliable, competitively priced broadband Internet services to businesses and residences of Waterloo. Waterloo, one of the most populous cities in Iowa, is home to many successful world -class businesses. As technology has advanced, companies and residents have developed a critical dependency on fast reliable access to the Internet. Whether a business is transmitting real-time Point Of Sale transactions, a resident is telecommuting to their place of employment, a family is watching Netflix or music is streaming while cooking dinner, reliable broadband Internet service is a must. Today's businesses and residents expect...demand...their communities to have competitive options for high speed Internet access. Goal 1 of the City of Waterloo's Strategic Plan 2017-2022 (http:// w.cityofwaterlooiowa.com/government/strategic lan20172022.php) is "Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering startups, attracting new employers and cultivating an adequate workforce." The availability of fast, reliable, competitively priced broadband Internet is integral to accomplishing Goal 1, specifically relating to the following listed Strategies: • Strategy 1.2 - Partner with the Waterloo CVB, Main Street Waterloo and the Greater Cedar Valley Alliance to promote Waterloo as a place to do business; and work together to implement development programming. • Strategy 1.3 - Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. • Strategy 1.4 - Implement a comprehensive business retention and expansion program. • Strategy 1.7 - Seek ways to create a "live, learn, work, and play" environment with amenities that attract and retain population in Waterloo. Goal 4 ("Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community."), Strategy 4.5 ("Maintain and develop community services and city facilities that support quality of place.) is also directly impacted by availability of fast, reliable, competitively priced broadband Internet services for businesses and residents. The status of high speed broadband Internet services available to Waterloo businesses and residents today varies based location. On the business provider side, the options include Mediacom, CenturyLink, Unite Private Networks (UPN), Aureon and others. Each vendor is limited by their fiber locations, with no one vendor covering the entire City of Waterloo and many not providing products that would appeal to small/medium size businesses. UPN is investing in the area, but their main target is medium to large businesses and within 1,500 ft of their fiber paths. There are also providers out of this area that will reach into this area to pick-up large business contracts, however this doesn't provide a consistent solution that the City of Waterloo can depend on. Waterloo businesses have experienced frustrations with broadband Internet options and the performance of those options. The availability of a fast reliable business broadband provider is essential to the health and growth of the Waterloo business community. While available in some places, the broadband services that today's large and small businesses demand are not consistently available across the City of Waterloo. An additional important consideration is that Waterloo borders a city which has 10Gbps and faster fiber broadband Internet available to all businesses. Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 115 of 277 This further enhances the criticality of the City of Waterloo pursuing a technology path that will satisfy business demands. On the residential side, the main providers are Mediacom and CenturyLink, with cell phone and satellite providers providing additional, but expensive and limited, options. CenturyLink has not meaningfully invested in Waterloo in many years, so their speeds generally top out at 12Mbps over DSL, which are not competitive in today's environment. Mediacom has invested some and offers Gigabit services in many places, however, the general feedback from residents is that service is very poor during busy times (e.g. after school lets out) and their customer service is not satisfactory (Mediacom business service seems to have higher satisfaction rates). These statements are a result of dozens of conversations with businesses and residents, however I recommend performing a market study to better understand and measure the satisfaction level of Waterloo businesses and residents. The wonderful fact is that Waterloo is located on fiber optic thoroughfares today, with existing fiber transport rings around the city! When you combine this with the fact that the technologies needed to realize these types of broadband services are readily available on the market today, it is clear that there is a path to this reality. This study, an important foundational step to realizing this reality for Waterloo, includes the following: • A review of service providers in the area and their ability and willingness to provide required broadband services the City of Waterloo. • A review of what other top 10 (population) cities in Iowa are doing to prepare to be `smart cities.' o Cities include Ames, Ankeny, Cedar Rapids, Council Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Sioux City and West Des Moines. • An assessment of technology options, with an eye on emerging technologies, and estimated costs and infrastructure investments required. Including: o Current access technology options best suited to provide advanced broadband at competitive prices to 95%+ of Waterloo residents and businesses o Pros and cons of each technology option o Approximate costs, requirements and timeline to build -out each technology option o Identification of required: • Internet backhaul — services, fiber, contracts, IP space • Routing and switching — high level design, hardware • Transport and access - fiber, splitters, antennas • Subscriber equipment— ONT, receiver, NID, wiring, wireless routers • Modeling of the network and outside plant is estimated. Engineering is required prior to implementation. o Solution options for customer billing, network provisioning and dispatch 5 1 II bg Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 116 of 277 TaHng Wateloo to Next liner ton t road pand An excellent Internet Service Provider (ISP) can draw new businesses, increase home prices and improve quality of life for a city. In a recent CCIM Institute's June 2018 CIRE Magazine, it was stated that, "Broadband connectivity is one of the top three features that tenants require in commercial buildings, according to a study conducted by the Building Owners and Managers Association International and the Urban Land Institute." Debi Durham, Director, Iowa Economic Development Authority, shared some thoughts for this study, highlighting the importance this mission. Thank you to Cary Darrah, Acting CEO — Greater Cedar Valley Alliance & Chamber, for reaching out to Debi about this! "Reliable and affordable internet connectivity is critical to the state's economic strength and the wellbeing of our communities, especially in rural areas. Farmers statewide require internet access to implement new technology and be as efficient as possible. According to the U.S. Department of Agriculture, Iowa's farmers already adopt precision agriculture at a rate that is 19 percent higher than the national average. We can and should continue to lead in this area, but our farmers need to be connected and the Connect Every Acre program in 2015 found as much as 22 percent of the state is underserved. Access to high-speed internet also encourages business expansion. Where internet service has extended into rural areas, we're demonstrating that tech jobs traditionally centered in large cities and on the coasts can be done in rural Iowa. When you think about it, we can run the world from anywhere in Iowa if we're connected." — Debi V. Durham, Director, Iowa Economic Development Authority As Debi highlights, the wellbeing of our communities and business expansion are critically tied to the availability of reliable and affordable internet connectivity. In June 2015, the Fiber to the Home (FTTH) Council Americas released a white paper, revealing that access to broadband fiber may increase home values by 3.1%. The study also revealed that home transaction prices where 1 Gbps broadband was available were 7% higher than areas with 25Mbps or lower broadband. The study also found compelling impacts to the multi -dwelling and rental community. Fast reliable broadband was rated the single most important amenity for Multi -Dwelling Unit residents - ahead of 24-hour security, a pool, covered parking or a gym. The study also found that fiber broadband access increased rental unit rates by 8%. What can be done to put Waterloo, IA in a position to ensure its businesses and residents have access to 50Mbps, 100Mbps, 1Gbps+ broadband Internet connectivity? Looking beyond the incumbent providers, MediaCom and CenturyLink, there are three main potential paths to this reality: • The City of Waterloo takes full control and builds a stand-alone municipal ISP utility. • The City of Waterloo partners with a 3rd party, or parties. • The City of Waterloo attracts a 3rd party company to come in independently and commit to building out a set of required services in an agreed -upon timeline. We will now consider each option and look at companies interested in such. 6 I II°: ;:g a: Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 117 of 277 Considered in this section - The City of Waterloo takes full control and builds a stand-alone municipal ISP utility to meet requirements. Potential positives: • Revenues belong entirely to the city • The City owns business direction, services, branding, etc. • Potential to capture greater market share, due to being a city entity rather than an outside company. • Traffic division has dark fiber that could possibly be used Potential negatives: • Carrying full cost and risk • Time to build entirely new network, staff, business model, etc. • Time required to hire the right expertise We will now walk through what it takes to build an Internet Service Provider (ISP). An ISP primarily provides the connection from a subscriber to an Internet Exchange Point, which connects to the broader Internet. The key components of an ISP are the backhaul' (connection to the Internet Exchange Point), the Access Network (connections to the subscribers) and the network equipment that connects the two together. Connection to Internet Exchange Point (IXP): • Lease path from ISP to a company that provides connection to IXP o Path can be provided by a backhaul provider or dark fiber (leased) can be contracted to the provider • IP (Internet Protocol) addressing - addresses purchased or leased Network to connect backhaul to Access Network: • Central Office building(s) and/or Data Center space - lease, building costs, operation • Electronics - purchase, installation, operation, ongoing support and software licensing o Core Router, firewall, DHCP server Access Network: • Some electronics located in same location as the ISP core network. Other electronics will be spread out in the network located in huts (small buildings) or cabinet enclosures. This is dependant on network design,\. • Electronics - purchase, installation, operations, ongoing support and software licensing o Router(s), switch(es), distribution electronics (e.g. Calix), Access Points (e.g. Mimosa) • Fiber plant • Power to powered field components • Locations for Access Points to be mounted on (e.g. light poles, subscriber buildings, new poles) • Customer premise equipment o Optical Network Terminal (ONT) for FTTP o Network Interface Device (NID) o Antenna and converter - 5G wireless o External and internal wiring o Customer router Additional considerations: • Billing, customer management, maintenance, trouble ticketing, advertising 7 l II°: ;:) .0 a: Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 118 of 277 In this study, we will consider two Access Network architectures, a set of equipment options and estimated costs: 1. All Fiber to the Premise o Fiber to every premise - business and residential o GPON, NGPON2 or XGS-PON technology o Up to 80 Gbps speeds o Similar architecture to Cedar Falls Utilities o Highest cost 2. Fiber -fast Wireless & Fiber Hybrid o Fiber to 5G Access Points o Up to 500Mbps speeds - 100-200 Mbps typical o Similar to what Verizon is deploying in Los Angeles this year o Mid -tier cost All costs are estimates. Waterloo Water Meter counts, for businesses and residents, was 26,120 as of May 2, 2018. Head -end Network and Bac:Ikhau D For all the proposed Access Network technologies, the Internet Backhaul and Core Network Infrastructure are the same. We will layout the components and estimated costs and then break down the components and costs of each Access Network technology approach. Cost reductions can be realized in the Head -end by removing redundancy, however that is not recommended. Network Component One -Time Cost Item - Description Quantity Unit Cost One - Time Cost Total Recurring Cost Item - Description Recurring Cost Frequency Contra) Length Annual Cost IP Addresses Block of 1,024 Public IP Addresses 1 $20,000 $20,000 ARIN Dues $1,000 Annually On- going $1,000 Backhaul - 2k Subs 5Gbps Internet Access to IXP $3,550 Monthly 60 months $42,600 Backhaul - 2k Subs Setup 1 $600 $600 5Gbps backhaul fiber lease $2,000 Monthly 60 months $24,000 Backhaul - 10k Subs 5Gbps Internet Access to IXP $10,000 Monthly 60 months $120,000 Backhaul - 10k Subs Setup 1 $600 $600 5Gbps backhaul fiber lease $4,800 Monthly 60 months $57,600 Backhaul - 25k Subs 5Gbps Internet Access to IXP $20,000 Monthly 60 months $240,000 Backhaul - 25k Subs Setup 1 $600 $600 5Gbps backhaul fiber lease $6,800 Monthly 60 months $81,600 Core Infrastructure Core Router (Cisco/Juniper) 2 $100,000 $200,000 Core Router Support $30,000 Annually N/A $30,000 Core Infrastructure LSNAT Router (A10/etc.) 2 $30,000 $60,000 LSNAT Router Support $12,000 Annually N/A $12,000 8111 : Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 119 of 277 Core Infrastructure Transport Equipment (L2 transport - Calix / Cisco / etc) 1 $50,000 $50,000 Transport Equipment Support $5,000 Annually N/A $5,000 Core Infrastructure DDI Appliance (Infoblox/etc.) 2 $9,000 $18,000 DDI Appliance Support $5,000 Annually N/A $5,000 Core Infrastructure Optics 1 $10,000 $10,000 Core Infrastructure Server Cluster (Dell/HP) 2 $6,000 $12,000 Server Support $1,000 Annually N/A $1,000 Core Infrastructure Storage (SAN) 1 $6,000 $6,000 Storage Support $500 Annually N/A $500 Core Infrastructure Backup System (NAS) 1 $2,000 $2,000 Core Infrastructure Firewall (Cisco/etc.) 2 $2,500 $5,000 Core Infrastructure Switch - Layer 3 (Cisco/etc.) 1 $12,000 $12,000 Core Infrastructure Switch - Access (Cisco/etc.) 2 $2,000 $4,000 Core Infrastructure Management Console (TrippLite/etc.) 1 $1,000 $1,000 Core Infrastructure Racks 3 $800 $2,400 Core Infrastructure UPS 2 $8,000 $16,000 Core Infrastructure Power Dist. (PDU) 6 $500 $3,000 Core Infrastructure DC Rectifier 1 $3,000 $3,000 Core Infrastructure Data Cabling (CAT6/Fiber Patch) 1 $2,000 $2,000 Core Infrastructure Power Cabling 1 $1,500 $1,500 Core Infrastructure Electricity for Central Office $2,000 Monthly N/A $24,000 Services Feasibility Study - Core Network 20 $175 $3,500 Services Network Architecture, Staff Hiring, Purchase Coordination 100 $175 $17,500 Services Technical Deployment, Peering Coordination ,Documentation 350 $175 $61,250 Central Office Build - Techworks - 750 sq ft 750 $300 $225,000 Lease $375 Monthly N/A $4,500 Core Infrastructure 2k Subs - Sonar - management, trouble and billing software $6,250 Monthly N/A $75,000 Core Infrastructure 10k Subs - Sonar - management, $10,000 Monthly N/A $120,000 9 1 Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 120 of 277 trouble and billing software Core Infrastructure 25k Subs - Sonar - management, trouble and billing software $20,000 Monthly N/A $240,000 Total Core Network One-time Setup Costs: Subscriber Count Cost 2k Subs $735,750 10k Subs $735,750 25k Subs $735,750 Recurring Core Network Costs - Annual: Subscriber Count Cost 2k Subs $224,600 10k Subs $380,600 25k Subs $644,600 10I II'W .ge Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 121 of 277 Core Network Infra st ru ctk.1 re + • . • • ........ ......... • F auve fterne rams NiRoodta • • wz , Network Exchange PoP ' • INTERNET ..... ... ... WW2 NOTES - Migh Availabilev NOR owe tomoturty ait0005 resereution nodes how redundant conrombons to separate seRsCat Snorter/R. . CUSIOMeir Room deEverobre vim Flees ((Petivo TiCT rt wove ROG.. to Customer Pomo Equipmect (CRET Ideal4e baseeted i.s fiber, einem p2p bactreaut roan be used tern Moine fiber buitd. test or to regIons that have Tower subscriber meet r Waterloo Broadband Logical Topo Edep Com Aber 59/ Mosques AP,. .141. 410 Den 'Won. 011,1AIIINDIPIIAMIM.giri, ItItt.RGttIttettI5UttItte II 'IT Wore wonne YOMIPHAft PP:WNW *or ISP Headend/C0 11 1 Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 122 of 277 Access Network ..... F'llbe'IY.to the, Fiber to the Premise deployments have robust industry cost ranges. I've researched the costs in this section with companies in NE Iowa that have built out FTTP networks in recent years, industry standard ranges based on real projects and discussing with engineering firms that have deployed many FTTP networks. The cost breakdown take into account everything, from head -end network, to buildings, to fiber network, to installation costs, engineering, etc. In considering these numbers, recognize that they include all of the one-time costs considered in the `Head -end Network and Backhaul' section. Costs: • $1,500-2,500 per home passed • This covers all design, engineering, install and turn -up, building costs, head -end electronics and fiber installation. • The result is fiber passing a home, therefore providing the option to create a drop and provide service. This does not include the cost of the drop. • $650-800 per drop • This covers the cost of the fiber connection from the street to the house, installation of grounding the house, ONT, wireless router and installation A deployment model can include burying all drops initially (CFU model), which is more upfront cost, or burying them as subscribers request service (Waverly Utilities model), which saves upfront cost but complicates subscriber turn -ups (i.e. in winter drops cannot be buried, so much be laid above ground until the ground thaws). Costs for a 100% build -out (26,120 end -points): • Building out network to pass all homes and businesses • Low - $39.2M • High - $65.3M • Cost of building drops and turning up 100% of homes and businesses • Low - $17M • High - $20.9M r„ ; sr; Network lrr Iles N . I illH lY' IV Il 11 lrild'� Fiber -fast Wireless & Fiber Hybrid network build -out cost models are not readily available, since this is a newer technology. I have designed 5G Access Point placements around subscriber density and mapped fibers from Tech Works to each Access Point location, providing an estimated Access Point count and fiber footages required. This data has been combined with cost and count estimates for poles, vaults, customer premise equipment, engineering and distribution electronics. The fiber design below is high-level; a more detailed level of engineering would be required to refine cost estimates and move towards a fully engineered design. Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 123 of 277 High-level Fiber Design for Fiber -fast Wireless & Fiber Hybrid network ƒ 13IP Re Waterloo Broadband & Smart City Study Author: David LaMarche Page 124 of 277 Cost Table Network Component One -Time Cost Item - Description Quantity Unit Cost One -Time Cost Total Fiber/Wireless Distribution Fiber cable - 288 strand, buried fiber duct and install - per foot 966,529 $7.50 $7,248,967 Fiber/Wireless Distribution Vaults - Installed 1,181 $750 $885,750 Fiber/Wireless Distribution Poles - Installed 1,181 $900 $1,062,900 Fiber/Wireless Distribution Mimosa A5 Access Points - Installed 1,181 $2,000 $2,362,000 Fiber/Wireless Distribution Calix E7-2 - Upstream connections to Mimosa APs 22 $22,700 $499,400 Fiber/Wireless Distribution Engineering 1 $100,000 $100,000 Program/Project Mgmt 10% of Project $1,215,901 Customer Premise Mimosa C5, power, wireless module, install 26,152 $315 $8,237,880 Costs for a 100% build -out (26,120 end -points): • Building out network to pass all homes and businesses • Estimate $14.1 M • Cost of building drops and turning up 100% of homes and businesses • Estimate $9M The drop costs would only be incurred per subscriber when a new customer signs - up. Additionally, it would be possible to only put the fiber in and wait to install power to a pole or an Access Point on a pole until a subscriber signs -up. This would allow a portion of the investment to wait until there is revenue. 14I1IP Waterloo Broadband & Smart City Study I Author: David LaMarche Page 125 of 277 Staffing C ,t Table 2000 10,000 1 25,000 .. Managing Director 10yrs+ ISP/IT/Telecom management background 1 1 1 FTE, Salary $160,000 $224,000 Senior/Lead Network Engineer 8yr+ ISP or Large Campus NetEng Exp 1 1 2 FTE, Salary $100,000 $140,000 Network Engineer 2yr+ NetEng Exp 0 1 2 FTE, Salary $78,000 $109,200 Systems Administrator (Lead) 5yr+ Unix/Linux & Windows SysAdmin Exp 0 1 1 FTE, Salary $90,000 $126,000 Systems Administrator 3yr+ Unix/Linux & Windows SysAdmin Exp 0 1 2 FTE, Salary $72,000 $100,800 Customer Service Representative (Lead) 5yr+ Technical/IT CustSery Exp 1 2 4 FTE, Hourly $42,000 $58,800 Customer Service Representative 1yr+ Technical/IT CustSery Exp 1 2 4 Some FTE, some Part Time $36,000 $50,400 Field Tech (Lead) 5yr+ Cable / Phone / Dish installation Exp 1 2 2 FTE, Hourly $51,000 $71,400 Field Tech 2yr+ Cable / Phone / Dish installation Exp 1 2 3 FTE, Hourly $44,000 $61,600 Trucks 1 3 6 N/A $50,000 $50,000 2000 10,000 25,000 Total Staff Count 6 13 21 Total Compensation Cost $656,200 $1,334,400 $2,114,400 Waterloo Broadband & Smart City Study I Author: David LaMarche Page 126 of 277 6mli naau"nciall Ariallysis /ill ... f: (her " 10 he Premise • 2k Subscribers (7.7% market share) • Revenue based on $65/sub average @ 2k subs $1.56M/yr • Fixed costs to deploy network - $39.2-65.3M • Fixed costs to deploy 2k subscriber drops - $1.3-1.6M • Annual operational costs - $881k • Annual Operating Income - $679k • Return of Investment - 60-99 years (taxes, inflation and cost increases not included) • 10k Subscribers (38.3% market share) • Revenue based on $65/sub average @ 10k subs - $7.8M/yr • Fixed costs to deploy network - $39.2-65.3M • Fixed costs to deploy subscriber drops - $6.5-8M • Annual operational costs - $1.7M • Annual Operating Income - $6.1M • Return of Investment - 7.5-12 years (taxes, inflation and cost increases not included) • Alternate - If $40/sub average, instead of $65, Return of Investment would be 15-24 years • 25k Subscribers (95.7% market share) • Revenue based on $65/sub average @ 25k subs - $19.5M/yr • Fixed costs to deploy network - $39.2-65.3M • Fixed costs to deploy subscriber drops - $16.3-20M • Annual operational costs - $2.8M • Annual Operating Income - $16.7M • Return of Investment - 3.3-5 years (taxes, inflation and cost increases not included) l?OI l�/��ryld a mi lip l iber Hybrid • 2k Subscribers (7.7% market share) • Revenue based on $65/sub average @ 2k subs $1.56M/yr • Fixed costs to deploy network - $14.1 M • Fixed costs to deploy subscriber drops - $0.6M • Annual operational costs - $0.88M • Annual Operating Income - $0.68M • Return of Investment - 21.5 years (taxes, inflation and cost increases not included) • 10k Subscribers (38.3% market share) • Revenue based on $65/sub average @ 10k subs - $7.8M/yr • Fixed costs to deploy network - $14.1 M • Fixed costs to deploy subscriber drops - $3.2M • Annual operational costs - $1.7M • Annual Operating Income - $6.1M • Return of Investment - 2.8 years (taxes, inflation and cost increases not included) • Alternate - If $40/sub average, instead of $65, Return of Investment would be 5.6 years • 25k Subscribers (95.7% market share) 161I1''' Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 127 of 277 • Revenue based on $65/sub average @ 25k subs $19.5M/yr • Fixed costs to deploy network - $14.1M • Fixed costs to deploy subscriber drops - $7.9M • Annual operational costs - $2.8M • Annual Operating Income - $16.7M • Return of Investment - 1.3 years (taxes, inflation and cost increases not included) RETUR F VEST I % Ei%T" YE 11 24( Subs No 1.0k Subs lows 2Slk Sa.ul::r<.; 111 G`?J N"w'BIt1V) 1 113V IRG5 r 14$V l.l,rS 171II°:. b Waterloo Broadband & Smart City Study I Author: David LaMarche Page 128 of 277 Water oc Third Party Considered in this section - The City of Waterloo partners with a 3rd party, or parties. Potential positives: • Shared risk and cost • Partner provides expertise • Potentially less to build - network, staff, business model, etc. • Opportunity to trade fiber assets • Depending on partner, possible added credibility of partner's brand • Less potential distraction for city • Possibly faster time to market Potential negatives: • Revenue is shared with partner • Shared control of direction, business, services, etc. • Shared identity/brand There are myriad ways of structuring a joint venture with a third party. Legal agreements must be established first, which can take 3-12 months. In these agreements, many details must be worked out, including business ownership, sharing of costs and revenues, decision making structure, commitments to provide service levels and build -out in acceptable timelines, asset ownership, asset maintenance responsibility, division of risk and legal responsibility, commitment to future technology adoption, options for buy-out of either party, sharing of long term contracted services (e.g. dark fiber leases), and many other things. Most typically, the third party will use their existing network head -end to support Waterloo Internet services. This is attractive, since the hardware is working and robust on day one and the necessary operations and policies are in place to run and maintain the network. Depending on the third party's network design, there will likely be a need for one or more small network POPs (Point Of Presence) in Waterloo that tie back to the third party's `head -end.' As part of this study, I have talked to and/or met with companies in Northeast Iowa that offer fiber broadband today and have a relatively modern website. The goal of these interactions was to assess interest in building out broadband services in the city of Waterloo and indicators of their fitness to do so. Companies that do not offer fiber broadband today, did not have a website or had an antiquated website were not considered. Companies that were identified as fitting this criteria and contacted for this study are: • ATC Communications (Atkins, IA) • Aureon (West Des Moines, IA) • BigGig Iowa, LLC (Cedar Falls, IA) • Butler Bremer Communications (Plainfield, IA) • Cedar Falls Utilities (CFU) (Cedar Falls, IA) • CenturyLink (Monroe, LA) • Dumont Telephone (Dumont, IA) • Dunkerton Communications (Dunkerton, IA) • Hawkeye Telephone Company (Hawkeye, IA) • ImOn Communications (Cedar Rapids, IA) • Keystone Communications (Keystone, IA) • LPC Connect (La Porte City, IA) • RTC Communications (Readlyn, IA) • Unite Private Networks (UPN) (Kansas City, MO) • Windstream Communications (Little Rock, AR) 18 I Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 129 of 277 Results and details about each company are listed at the end of this section. Four companies expressed interest in coming into the Waterloo market - ATC Communications, BigGig Iowa, LLC, ImOn Communications and LPC Connect. Of these, only BigGig Iowa, LLC and ImOn Communications are immediately ready to engage and very interested in doing so. LPC Connect appears to be a viable option, but they would first assess with a business case and they would require financial partnership with Waterloo. ATC Communications is tentative, but don't appear qualified. BigGig Iowa, LLC — Good Fit: New company based in the Cedar Valley. Seasoned telecom industry leadership. Would secure investors to scale to provide 3-5 year 5G Wireless network build in partnership with City of Waterloo. Would consider mix of 5G wireless and specific areas of GPON. ImOn Communications - Potential fit: ImOn Communications' Bernard Dutchik, VP Corporate Development & Strategic Partnerships, met with me face to face. Bernard shared that ImOn thought they would be in the Waterloo market years ago, but during meetings with Waterloo a year and a half ago ImOn got the impression that easements were full in many places, and then communications fell off. If ImOn came into the market as an independent third party, they would serve businesses and residential. They would build at a pace of 1,000 residential connections per year if self funded. If ImOn came into the Waterloo market, they would hire some local staff, including sales and maintenance functions. To come into the Waterloo market, they would require: • A consistent point of contact with the City of Waterloo that will not change with the election cycle • Right of way access • A willingness to work with ImOn to ease roll -out, including ordinance changes if needed • Access to city fiber or other assets, where available and beneficial • They are willing to trade explore creative ways to compensate the city for such assets, including providing profit sharing, free wifi, repair of city fiber assets or other things ImOn is willing to partner with the City of Waterloo and/or other third party companies to obtain a faster build -out pace. If the City of Waterloo prefers to build a stand-alone municipal ISP, ImOn also provides wholesale backhaul services and labor. ImOn provides residential, small and large services today, including Rockwell Collins. They use in-house employee resources for everything except for boring and some splicing. Their in-house team provides everything from fiber install and maintenance to operating the network. Their network is robust, with connections to Internet Exchange Points in Minneapolis and Chicago. Bernard shared about their recent entrance into the Dubuque market. He noted that they just launched services. The partnership development and market entrance moved as fast as would be possible, requiring 6 months to get a legal agreement in place and 6 more months to get fiber routes in place to the city, buildings obtained and electronic equipment designed and turned -up. He believes an aggressive, but realistic, timeline for Waterloo Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 130 of 277 would be 1.5 years from a decision to move forward. They are doing their 2019 budgeting now, so knowing sooner than later would allow them to factor this in and more quickly. LPC Connect - Potential fit: LPC Connect, based on La Porte City, serves La Porte City, Mount Auburn and some rural customers. Their General Manager, Chris Hopp, noted that they might be interested, but would first need to conduct a business case and would require financial partnership with Waterloo. Chris Hopp is also the General Manager of Alpine Communications in Elkader. They know fiber and deploy it today; they have the potential of being a good partner. Unite Private Networks (UPN) - Partial fit: UPN is already in Waterloo and aggressively expanding, however their focus is medium to large businesses, schools and wholesale. While they will not satisfy the cities full goal of providing Internet access to residents. ATC Communications - Poor fit: ATC Communications' General Manager, Jerry Spaight, expressed interest and noted he would bring it before his board. He has not circled back to indicate what the board decided. Some factors that should be considered. Their website is not updated with the latest service offerings, pointed out by Jerry. A month later, it still is not updated. There are three Google reviews and all are negative. Jerry has often been slow to respond and it hard to get a hold of. For these reasons, ATC Communications do not look to be a good option for partnering. Additional detailsabout company discussions: • ATC Communications - • Summary: ATC Communications' General Manager, Jerry Spaight, expressed potential interest and was to bring it to his board. He hasn't provided a response yet, as to the outcome of their board meeting. It should be noted that their website isn't kept updated. When Jerry and I spoke, he explained that he information on their website wasn't update yet. Four weeks later, it was still not up to date. • Location: Atkins, IA • Serving area: • Website: www.atkinstelephone.com • Ownership: Privately held stock company 20 I II°: ;3 b Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 131 of 277 • Access Network: Mix of fiber and copper. New builds are fiber. Atkins, IA is mostly fiber. Currently building fiber services on the South side of Cedar Rapids. • Services: Internet, video/TV, phone. They offer up to 500Mbps fiber service and soon 1 Gbps. • Company information: Started in 1925 as an independent company. Licensed as a CLEC (Competitive Local Exchange Carrier) in 2009. They are part owners in a fiber optic transport ring that goes up to Independence and Winthrop. Seven com•anies own the fiber network, and it is serving 12 companies. • Aureon • Summary: Mick Herke (VP Technology Operations) explained that Aureon is not interested in providing residential services in Waterloo. They do have a lot of fiber in Waterloo. They able to provide business services (and do today) to Waterloo. They also are willing to lease dark fiber to Waterloo. They would be a potential Internet backhaul provider to an Internet Exchange Point for a Waterloo Municipal ISP. • Location: West Des Moines, IA • Serving area: Most of Iowa's major cities and connecting up to Minneapolis, over to Omaha and down to Kansas City, MO. • Website: www.aureon.com • Ownership: Privately held • Access Network: Aureon is not a residential company. They offer business fiber services across the state of Iowa. • Services: Aureon has a broad range of services serving most Iowa's major cities and connecting up to Minneapolis, over to Omaha and down to Kansas City, MO. They provide Internet backhaul services and a whole suite of business services. • Company information: Started as INS (Iowa Network Services) in the '80s. Rebranded as Aureon in 2016. They have a statewide fiber network and a IPTV video headend, amongst other things. • BigGig Iowa, LLC - �J • New company based in Cedar Valley. Would secure investors to scale to provide 3-5 year 5G Wireless network build. Would consider mix of 5G wireless and specific areas of GPON. • Butler Bremer Communications • Summary: Manger - Richard McBurney - referred me to Aureon, who are part owners of this company. Aureon nor Butler -Bremer Communications are interested in taking on the Waterloo market. • Location: Plainfield, IA • Serving area: Plainfield, Clarksville, Frederika, Tripoli, Nashua and Shell Rock 21 I II°: ;3 b Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 132 of 277 • Website: w .butler-bremer.com • Ownership: Privately owned. Aureon is part owner. • Access Network: Fiber and copper • Services: Internet, video/TV, phone • Company information: Over 100 years old, originating as a Telephone Company. • Cedar Falls Utilities (CFU) - • Summary: Not legally able to provide broadband Internet services to Waterloo. May be willing to provide backhaul for Internet, but CFU has not been responsive to inquiries in order to provide a full understanding of the parameters of their willingness to participate in a Waterloo Municipal ISP entity. • Location: Cedar Falls, IA • Serving area: Cedar Falls, IA • Website: www.cfu.net • Ownership: Municipal utility • Access Network: All fiber • Services: Fiber to the Premise - Internet, TV and voice services • Company information: Municipal utility • CenturyLink �'i i F, ✓, i ..GAG. i i v ai i i,.%/,�.,.avru • Summary: CenturyLink is not willing to invest to expand their residential service offerings in Waterloo. They have some fiber business capacity, but are unwilling to disclose maps and their serving area, therefore it is case by case only. • Location: Monroe, LA • Serving area: National • Website: www.centurylink.com • Ownership: Publicly traded - NASDAQ • Access Network: DSL (copper) for residential in Waterloo; fiber for businesses in some places in Waterloo • Services: Internet, TV and phone • Company information: Began as the Oak Ridge Telephone Company in Oak Ridge, LA in circa 1930. Today CenturyLink is the third largest telecommunications company in the United States. • Dumont Telephone - • Summary: General manager, Roger Kregel, felt that they were not prepared to take on the Waterloo market. • Location: Dumont, IA • Serving area: Dumont, Allison, Geneva and Parkersburg 22III°`" Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 133 of 277 • Website: www.dumonttelephone.com • Ownership: Shareholders • Access Network: Fiber and coaxial • Services: Internet, TV, phone and home monitoring • Company information: Incorporated in 1902 as Ingham Township Mutual Telephone. Recently expanded into Parkersburg. • Dunkerton Communications • Summary: General manager, Sue Bruns, said the board would not offer services outside of their current exchange until they finish building out fiber in Dunkerton. They are a few years away from finishing the fiber build in Dunkerton. • Location: Dunkerton, IA • Serving area: Dunkerton and the surrounding area • Website: www.dunkerton.net • Ownership: N/A • Access Network: Some fiber, and various other technologies • Services: Internet, TV, phone • Company information: N/A • Hawkeye Telephone Company • Summary: While they do offer fiber, they are a very small company and not likely a good fit for partnering with Waterloo. They have no general manager. They checked with their board and are not interested. • Location: Hawkeye, IA • Serving area: Hawkeye, IA and surrounding area 23111=`" Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 134 of 277 • Website: www.hawkeyetelephone.com • Ownership: N/A • Access Network: Fiber and copper • Services: Internet, TV and phone • Company information: Established in 1913 as an independent telephone company. • ImOn Communications (Cedar Rapids, IA) - • Summary: I met with Bernard Dutchik, VP Corporate Development & Strategic Partnerships. He expressed solid interest in coming into the Waterloo market in any number of ways - as a stand-alone 3rd party, in partnership with a municipal entity or even pairing up with a third party and a municipal entity. If they come in as a stand-alone 3rd party entity it will be at a rate of 1,000 houses/businesses per year. A faster rate would require pairing up with a 3rd party and/or investment form Waterloo. • Location: Cedar Rapids, IA • Serving area: Cedar Rapids, Marion, Hiawatha. Business services in Cedar Rapids, Iowa City Corridor and Dubuque. • Website: www.imon.net • Ownership: 15 private investors • Access Network: Fiber, DSL and coaxial • Services: Internet, TV and phone. Business and residential. • Company information: Created in 2007. • Keystone Communications (Keystone, IA) • LPC Connect - POTENTIALLY INTERESTED IF IN PARTNERSHIP WITH WATERLOO • Summary: I spoke with Chris Hopp, General Manager. He noted that they would need to first do a business case and see that it was favorable, before considering coming into Waterloo. He also noted that they would require financial partnership with the city of Waterloo to drive down cost. • Location: La Porte City, IA • Serving area:La Porte City and Mount Auburn and some rural 24 fig Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 135 of 277 • Website: www.Ipcconnect.net • Ownership: Stockholder owned • Access Network: Fiber and copper • Services: Internet, TV, phone • Company information: Originated as La Porte City Farmers Mutual Telephone CO. in 1907. Established a fiber network to INS (Iowa Network Services - now Aureon) in 1989. • RTC Communications • Summary: Manager, Sharon Huck, presented the idea of coming into Waterloo to her board. The board is not interested. • Location: Readlyn, IA • Serving area: Readlyn and rural surrounding areas • Website: www.readlyntelco.com • Ownership: N/A • Access Network: Fiber • Services: Internet, TV, phone • Company information: In 1906, Readlyn Telephone Company began as the Maxfield Telephone Company. • Unite Private Networks, LLC (UPN) - �I Mllllll��II1 • Summary: Speaking with Stephanie Tullis, Regional Sales Director, UPN's core business is large to medium businesses, schools and wholesale. They are not interested in directly offering residential or small business services. They have a large fiber network and can serve many business customer needs in Waterloo, and would likely play a wholesale Internet backhaul role if Waterloo creates an municipal Internet entity. • Location: Kansas City, MO • Serving area: National reach • Website: www.uniteprivatenetworks.com • Ownership: Private. Partly owned by Cox Communications and Ridgemont Equity Partners 25I11=`" Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 136 of 277 • Access Network: Fiber • Services: Medium and large business, schools, wholesale and other services • Company information: In business since 1998, has over 8,500 miles of fiber across 20 states. They are investing in Waterloo today, looking to expand business services. • Windstream Communications • Summary: Windstream said they do not offer services in Waterloo and directed me to CenturyLink and Mediacom. • Location: Little Rock, AR • Serving area: National • Website: www.windstream.com • Ownership: Publicly traded - NASDAQ • Access Network: Mostly DSL (copper) and some fiber • Services: Internet, TV and phone • Company information: Began as Allied Telephone Company in 1943 in Little Rock, AR. Vnr1 pe nderoV:d Party Prov'Vries Broad band Services Considered in this section - The City of Waterloo attracts a 3rd party company to come in independently and commit to building out a set of required services in an agreed -upon timeline. Potential positives: • Little cost and financial risk to the city • No need to hire expertise - partner provides • Nothing to build - network, staff, business model, etc. • Potential for profit sharing • Least potential distraction for city Potential negatives: • Less control over ensuring goals are met • Revenue belongs to third party • Little to no control of direction, business, services, etc. • Brand not tied to City of Waterloo • Time to market dependent on third party (could be a positive or a negative) The companies contacted to assess interest in a stand-alone third party provider role are listed in the "Waterloo Builds an ISP in Partnership with a Third Party" section. The concept of partnering or coming in as an independent third party were both discussed with each company. Only one company, ImOn Communications, was open and prepared to come into Waterloo independently. ImOn Communications' Bernard Dutchik, VP Corporate Development & Strategic Partnerships, met with me face to face. Bernard shared that ImOn thought they would be in the Waterloo market years ago, but during meetings with Waterloo a year and a half ago ImOn got the impression that easements were full in many places, and then communications fell off. If ImOn came into the market as an independent third party, they would serve businesses and residential. They would build at a pace of 1,000 residential connections per year if self funded. If ImOn came into the Waterloo market, they would hire some local staff, including sales and maintenance functions. To come into the Waterloo market, they would require: 26 I Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 137 of 277 • A consistent point of contact with the City of Waterloo that will not change with the election cycle • Right of way access • A willingness to work with ImOn to ease roll -out, including ordinance changes if needed • Access to city fiber or other assets, where available and beneficial • They are willing to trade/explore creative ways to compensate the city for such assets, including providing profit sharing, free wifi, repair of city fiber assets or other things ImOn's build pace of 1,000 residents/year would not be fast enough to meeting Waterloo's requirements. However, ImOn is willing to partner with the City of Waterloo and/or other third party companies to obtain a faster build -out pace. ImOn provides residential, small and large services today, including Rockwell Collins. They use in-house employee resources for everything except for boring and some splicing. Their in- house team provides everything from fiber install and maintenance to operating the network. Their network is robust, with connections to Internet Exchange Points in Minneapolis and Chicago. Bernard shared about their recent entrance into the Dubuque market. He noted that they just launched services. The partnership development and market entrance moved as fast as would be possible, requiring 6 months to get a legal agreement in place and 6 more months to get fiber routes in place to the city, buildings obtained and electronic equipment designed and turned -up. He believes an aggressive, but realistic, timeline for Waterloo would be 1.5 years from a decision to move forward. They are doing their 2019 budgeting now, so knowing sooner than later would allow them to factor this in and more quickly. L:Do Not 'unf, .. Leave Broadband Avai obi ai:y to Grow OrganGca Another option is for the City of Waterloo to take no action and allow the broadband Internet needs of their community be served through the organic growth of existing and future providers. This option would not require any funding by the city, however it also provides no reasonable assurance that providers will put Waterloo into a competitive position. On one end of the spectrum, if a provider happened to come in and build -out Waterloo aggressively, as a stand-alone entity, this would solve the broadband Internet problem Waterloo faces at no cost to Waterloo. The advantages to this are no funding requirements by the City of Waterloo and the broadband needs of the city would be met. The profits of the third party provider would not necessarily be shared with the city, however the city would benefit from a friendlier business and residential environment helping to drive other revenues. On the other end of the spectrum, a provider may not come in and satisfy the City of Waterloo's needs, which is the reality to date. There are a number of residential and business Broadband Internet providers today, but they either fall short on performance or don't provide the complete coverage that Waterloo needs. This scenario leaves the city exposed to the competition of other nearby cities that have fast, reliable broadband Internet services for their businesses and residents today. Over time, this would eat into other city revenues and the tax base if businesses are lost (or fail to be attracted to the city) and residential growth slows as a result. With neighboring communities already offering high speed, reliable broadband Internet, the risks associated with the City of Waterloo doing nothing are high, since businesses and residents can relocate a short distance away, outside of Waterloo, and get the Internet services they demand. Secondarily, the benefits of a city owned fiber infrastructure could not be realized. 27 1 II Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 138 of 277 Smart City Findings The final segment of this study was to connect with the top 10 cities, by population, in the state of Iowa and report on what they are doing, or preparing to do, to become a Smart City. The term `smart city' is a broad and nebulous term. This study focused on the portion of `smart city' preparation having to do with technology used to improve transportation overall, including driverless cars, intelligent roads, traffic management, public transit, smart parking availability, and related areas. A few of the biggest things that stood out as I talked with various cities and companies was that embracing the right technologies for transportation management provides improved ways of keeping people safe and optimizes the use of existing roads and parking, reducing the tremendous expense of adding lanes, roads or parking. This is in addition to quality life improvements, attraction of business, reduction in fuel costs and emissions, and other things. Finding ways to `tell the story' of how these technologies are important and attractive for the public is important is securing funding and creating momentum. These findings below will help in this effort. During the course of this study, I had the privilege of meeting with Joel Wright, President & CEO of MoboTrex (www.mobotrex.com), thanks to Bob Smith Jr. introducing us. We discussed Smart City technologies and projects his company has been involved in. Mobotrex has 50 years of experience providing next generation traffic and mobility technologies nationally, from intelligent traffic control signals to monitoring systems to cabinets, making travel safer and cities more efficient. As an example, MoboTrex experts converted a Richmond, VA street to a connected street recently and is demonstrated in this video - https://Inkd.in/eUKi-6F. Joel's company is continuously involved in technology projects with municipalities and has a front row seat to witness what works and what doesn't. I asked Joel what the most important part of a city getting prepared for a `smart city' future was. He said: "I believe Smart Cities are being built on the vision of an influential project champion who is willing to invest in technology to improve the lives of its residents and visitors." • Joel Wright, President & CEO of MoboTrex In December 2015, the U.S. Department of Transportation launched a Smart City Challenge, asking mid -sized cities across America to "develop ideas for an integrated, first -of -its -kind smart transportation to help people and goods move more quickly, cheaply, and efficiently." They received 78 applicants and selected seven finalists, who worked with the DOT to further develop the ideas. Many of the 78 applicants faced similar mobility challenges: • Providing first -mile and last -mile service for transit users to connect underserved communities to jobs • Coordinating data collection and analysis across systems and sectors • Limiting the impacts of climate change and reducing carbon emissions • Facilitating the movement of goods into and within a city • Reducing inefficiency in parking systems and payment • Optimizing traffic flow on congested freeways and arterial streets Sandie Greco, Waterloo Traffic Operations Superintendent, and Mohammad Elahi, Waterloo Traffic Engineer, talked to me about some of the technologies discussed in the report that are being installed in Waterloo today. Intelligent Traffic Signals that coordinate timing of signals along traffic corridors real-time to optimize traffic flow based on current traffic conditions. Also, Dedicated Short Range Communication (DSRC) at pedestrian crosswalks to increase safety by 28110 g Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 139 of 277 warning cars that pedestrians want to cross. These technologies are being installed today with completion targeted for end of 2019. Below are links to more information regarding the U.S. DOT study and results: • Full study website - https://www.transportation.gov/smartcity • Resulting document, "Smart City Challenge: Lessons for Building Cities of the Future," is downloadable here - https://w .transportation.gov/sites/dot.gov/files/docs/Smart%20City%20Challenge%20 Lessons%20Learned. pdf • All 78 submissions, including one city in Iowa, are available here - https://www.transportation.gov/smartcity/visionstatements/index In the report, Secretary Anthony Foxx states, "Transportation is not just about concrete and steel. It's about how people want to live." As the City of Waterloo takes strides to become a Smart City, they may want to get involved with the Smart Cities Council ( w.smartcitiescouncil.com). Smart Cities Council envisions "a world where digital technology and intelligent design have been harnessed to create smart, sustainable cities with high -quality living and high -quality jobs." They function as a "trusted, neutral advisor." They are composed of leading companies, universities, laboratories and standards bodies. Their three core values for Smart Cities are Livability, Workability and Sustainability. They have Readiness Guides, financing templates and case studies, policy frameworks, networking events and more. Their website has a calendar of events, information on joining the council and myriad resources. Smart Cities Council held a Smart City `Readiness Challenge' in late 2016/early 2017. There were five cities selected as winners. It would an instructive reference to review each of their submissions. Information can be found here - http://www.govtech.com/fs/smart-cities-council- announces-readiness-challenge-winners.html. Jesse Berst, founder and chairman of the council, said, "It's not just a trend ... it's a race. In our global economy, every city is competing for jobs and talent. A smart city strategy is essential to support a 21 st-century workforce and to drive economic development." a:Otf: Ir" o0 In addition to reaching out to Ames, Ankeny, Cedar Rapids, Council Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Sioux City and West Des Moines regarding Smart City actions, talked with the City of Waterloo's Sandie Greco, Traffic Operations Superintendent, and Mohammad Elahi, Traffic Engineer. They shared about some of the technologies being installed today and that are planned for the future: • Intelligent Traffic Signals that coordinate timing of signals along traffic corridors real-time to optimize traffic flow based on current traffic conditions. • They are using an Advanced Traffic Management System (ATMS) called MaxView, which controls and monitors intersections stop and go lights. • By the end of 2019, there will be 11 intelligent traffic signals along Highway 63, 8 along University Avenue and 14 on San Marnan Drive and Highway 218. • There are plans in progress to convert intersections on Kimball Avenue, Ansborough Avenue, downtown Waterloo and possibly, Broadway Street. • All of the intersections along a traffic corridor continuously talk to each other about traffic conditions and make continuous decisions about the best way to keep traffic moving safely and efficiently. 29 1 II Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 140 of 277 • There are 220 traffic detection cameras throughout the city today that will feed into this new system. Planning to increase to 1,000. • Another critical benefit of this new traffic system will be the ability to what the status of the red/green lights were in an intersection at the exact second of an accident. This is not possible today. • Dedicated Short Range Communication (DSRC) at some pedestrian crosswalks is being used, or installed, that: • Increase safety by warning cars that pedestrians want to cross • Turn off cross -walk pedestrian indicators when no one is present, to avoid distracting drivers and conserve power • Today, 130 out of 202 (64%) stop -light controlled intersections in Waterloo are equipped with Emergency Vehicle Preemption technology, which change stoplights proactively to allow emergency vehicles to proceed safely through an intersection. • The new MaxView Traffic Control system has technology to 'see' emergency vehicles via GPS, rather than depending on the visual light system used today. This will greatly improve the Emergency Vehicle Preemption system function, providing earlier aware awareness. • Streets and Sanitation is looking at adding GPS and new software technology to garbage and plow trucks to optimize truck routing, which will save time, money, fuel and emissions. • The expanded use of cameras at intersections provides law enforcement with additional ways to see what truly happened in various situations. Cameras also allows manual monitoring of traffic, staff alerts regarding accidents or traffic backups, and snow accumulation monitoring. Sandie and Mohammad shared their passion to see technology help improve safety and to spread awareness via education. They are excited about value of the Drive Safe Cedar Valley campaign (www.drivesafecv.com) and the efforts to educate children about safety around roads in the Cedar Valley (w .kidstrafficsafet .corn). Mohammad shared that some of the most important actions around Smart City efforts right now are the creation or modifications of laws and legislation to pave the way for these technologies. This is a big part of the efforts of the Smart Cities Council. The important next steps that Mohammad recommends: • Continue building out the traffic fiber network to intersections, which allows for future technologies to be leveraged • Start thinking about how to crunch and benefit from data that is being collected from the various systems • Start talking to other cities to learn about legal matters, problems, lessons learned, etc., leveraging the synergies of working together with different cities developing various pieces of expertise that lend to the group. Thank you to Sandi Greco and Mohammad Elahi for their time and input! Ames Phil Mescher, Travel Modeling, Forecasting & Telemetrics Team Leader with the Iowa DOT, shared that Damion Pregitzer, City of Ames Traffic Engineer, has purchased 25 radar unites and placed them throughout the city. The radar units are measuring traffic on a 24/7 basis and compiling the data. I reached out to Damion for information on the City of Ames Smart City efforts, via email and voicemail, but received no response. 30 Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 141 of 277 Ankeny Samantha Hayden, City of Ankeny Development Engineering Manager, consulted with Adam Lust, City of Ankeny Public Works Engineering Manager. They responded that they were not aware of any examples of the using technology to improve their transportation or parking or to prepare to be a Smart City. Cedar Rapids Matt Myers, City of Cedar Rapids Traffic Engineering Manager, shared about technologies they have adopted and are working on: • All of their traffic signals are connected via a fiber optic network • They have 97 PanTel cameras that are used for traffic and by police • They haven't started using adaptive traffic signals • They are collecting real-time performance metrics, using the Purdue University model (ftp://ftp.ecn.purdue.edu/darcy/Itap PM/2080 HubbardPedPerformance.pdf). Using field sensors, they are collecting data and using an algorithm to determine how signals are operating. They are using this data in a study with the state of Iowa (specifics not provided). • Park CR, who manage the parking garages for the city, is working on a real-time analysis of parking availability. • They are putting together a traffic control map that takes into account all road construction and lane or road closures. They will have this complete in Fall 2018. This will be a manual reference tool, not an automated alert tool. It will be used to: • Provide emergency agencies a reference to plan their routes around closures • Keep from boxing in residents or businesses with multiple projects. • There aren't any project going on relating to autonomous vehicle or preparation for such. • They are using phone apps to alert public transit riders that buses are approaching. CO nc B s Reached out to Mark Franz, City of Council Bluffs Superintendent of Traffic Maintenance, via email and voicemail, but received no response. DaVeIrnpoIr.t Reached out to Gary Statz, City of Davenport City Engineer, via voicemail and email, but received no response. Der Mllolilrnes Jennifer McCoy, City of Des Moines City Traffic Engineer, shared that they are going through an Intelligent Transportation System (ITS) Master Planning effort currently, which is giving them a vision, plan, dollar amounts, etc. Currently they have 170 stop light controllers that are using antiquated technology. For the Master Plan, they considered using Iteris, Inc. and Olsson Associates. They chose Iteris. The plan looks at what is needed now and in the future regarding intelligent transportation systems, traffic signals, controllers, fiber cable, fiber hubs, data centers, camera locations, emergency response, cabinets and an overall network. They will be voting on the master plan in September 2018. They are using INRIX (http://inrix.com/products/inrix-parking/) for speed and travel time data gathering from cell phones, using Bluetooth technology. INRIX can release data to Google platforms to show where transportation problems are occurring. They are now using this same data for parking. The software marks curbs in the app to help show where parking is likely 31 I II Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 142 of 277 available. They are also using a counter program in their parking garages that uses an open API (Application Programming Interface). Using INRIX On -Street Parking (http://inrix.com/resources/inrix-on-street- arkin -info ra hic-us/) has been a low cost way to get started improving their parking situation. Additional technology the City of Des Moines is embracing is IPS credit card parking meters (https://www.i s roupinc.com/) with built in sensors that detect the presence of a car (https://www. ipsgroupinc.com/blog-ips-vehicle-detection-sensors-a-smart-way-to-save- money/). The City of Des Moines has begun putting sensors on some of their firetrucks to see what routes they use routinely and look for optimized routes. They are using the Opticom Emergency Response system (http://www.gtt.com/opticom-emergency-response/). Jennifer's biggest piece of advice in embracing Smart City technology was to first know what problem needs to be solved, and then work to solve it with technology. Dubuque Dubuque, like Waterloo, has taken progressive technology actions. John Deinst, Dubuque Civil Engineer II, shared that from the early 2000s, Dubuque has been ensuring that every street reconstruction project included putting in fiber optic ducts and vaults. This decision, over the course of many years, has resulted in a broad network of fiber ducts that the city is now leveraging to allow companies like ImOn Communications, CS Technologies and others to use to improve technology in the area and increase revenues. Additionally, the city has been able to trade space within conduit to obtain space in conduit that has been placed by other companies. This has also helped to expand their ducted fiber optic network. Dubuque has deployed over 1,000 cameras, covering all intersections, parking ramps, city hall and other places. When accidents occur or crimes take place, the cameras have served law enforcement in determining what happened and in solving crimes. This has also allow for funding from law enforcement channels to help support the fiber and camera deployment costs. Dubuque has discussed the idea of creating a municipal ISP, especially as they look at the potential impact of Net Neutrality going away. They believe it may drive some subscribers to look for networks that handle all traffic in a neutral manner. They have looked into some road sensing technologies for automated cars, but are not actively pursuing this currently. Dubuque is pursuing an adaptive traffic stoplight system that will be operational in 2019. Dave Ness, Dubuque Civil Engineer II, is heading up that project, targeting 54 intersections. The project is divided into three segments and is estimated to cost $2M. The East Central Intergovernmental Association (ECIA) ( .ecia.org) is working with Dubuque to secure necessary funding. Phil Mescher, Travel Modeling, Forecasting & Telemetrics Team Leader with the Iowa DOT, shared about projects that he was aware of with the City of Dubuque. Dubuque has a campaign called `Smarter Sustainable Dubuque' that began in 2006, seeking to "make Dubuque a community that meets the environmental, economic, and social equity needs of its residents today without reducing the ability of future generations to meet their needs." The campaign website is here - http:// molt yofdubuque.orq/1344/Smarter-Sustainable- Dubuque. A part of this campaign is the `Smarter Travel' Project (http:// w.cityofdubuque.orq/2146/Smarter-Travel) where -250 people kept a diary of their travel and movements via a phone app, to understand travel patterns, modes of transportation, etc. They used this data to assess their Jule (public transportation) routes and determine they could be optimized to better align with how people travel in the city. This resulted in significantly higher levels of ridership. This study was done in partnership with IBM. 32 1 II Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 143 of 277 Another project in process is the STREETS (Smart Traffic Routing with Efficient and Effective Traffic Signals) Project(htt://www.eciatrans.or/dmats/STREETS.cfm). This project is in partnership with the ECIA. Highway 20 is a main thoroughfare through the city, which that has many cross streets and signals and is susceptible to backups at certain times of day. The project is focused on a system that evaluates traffic real-time on Highway 20 and on parallel traffic corridors that would communicate the presence of congestion to drivers, possibly via Google maps, and provide guidance to faster routes through the city. This will help offload Highway 20 and provide drivers with the fasted path through the city. Chandra Ravada, Director of Transportation Department for the ECIA, has been involved with the `Smarter Travel' and STREETS Projects. Dowd Ot:y Reached out to Jason Havel, City of Iowa City - City Engineer, via email and voicemail, but received no response. abu..ux (: fty Reached out to Edward Pickens, City of Sioux City Street Superintendent. Edward passed on the request to Dave Carney, City of Sioux City Public Works Director, and Gordon Phair, City of Sioux City Engineer. Gordon Phair is the only person that provided input. He explained that the only technical advancement that the city has embraced is using synchronized traffic signals on certain traffic corridors within the city. He noted that the City of Sioux City plans to hire consultants to utilize cameras for traffic studies. /eat: Des Moines The City of West Des Moines has a total of 109 intersections with traffic control and they are all connected via fiber optic cable. They use 119 traffic detection cameras and 103 PanTel cameras. They use battery back-up for some of their intersections, so they will continue to operate in the event of a power outage. They use Emergency Vehicle Preemption to change stop lights automatically for emergency vehicles. Jim Dickinson, City of West Des Moines - Principal Engineer - Traffic, installed their first adaptive traffic signal in 2010. Jim noted that traffic issues have ranked high in citizen polls and he was working to improve things. By the end of July, they will have 84 intersections controlled with adaptive technology, with funding for another 15 already secured. They've used a product called InlSync by Rhythm Engineering(https://rhythmtraffic.com/insync-2/). Statistics shared by Rhythm Engineering regarding West Des Moines stated that an overall 24% reduction in travel time has been observed on traffic corridors controlled by adaptive technology. Additionally, there has been a 56% reduction in stops and a 40% reduction in rear -end accidents. Other, Rhythm Engineering statistics report, across all of their deployments, 59% increased average speed and 28% reduced emissions (Source: htt s://rhythmtraffic.com/results/). In addition to supporting the traffic control network, the city's fiber optic network also carries that city's phone and data network. The 103 PanTel cameras are not only used by the traffic department, but also by the police. Currently, they are working with Rhythm Engineering on automated data collection via wifi to feed into origin/destination studies, provide percentage of arrivals on red or green, improve adaptive decision making. The sensors detect MAC addresses (Media Access Control addresses) of cell phones, tire pressure monitors and other things to identify vehicles. Asyclica (https://www.acyclica.com/) hosts the data and provides the city with whatever reports they need. They are continually working to learn more ways to digest and understand the data being collected to understand the stories it is telling them. 33 1 II Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 144 of 277 Ot e r" Phil Mescher, Travel Modeling, Forecasting & Telemetrics Team Leader with the Iowa DOT, shared about a MAASTO (Mid America Association of State Transportation Officials) project called `Truck Parking Information and Management System.' This $25M project seeks to address the need for safe truck parking options for over the road truckers. With rules in place the restrict the length of time a driver can be behind the wheel, a driver can find themselves being required to stop and sleep but having no good place to park. Incidents have occurred that have put the drivers in harm's way. The State of Kansas in partnership with Iowa and six other states is developing a Regional Truck Parking Information and Management System (TPIMS) to address this need. This notification system will give drivers the information they need to know when and where they can stop safely and is being rolled out this year. More information can be found here - http://www.maasto.net/documents/TPIMS-Summary.pdf. 34 I g Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 145 of 277 Append Ix Internet Access Bashcs You frequently hear terms like 'Broadband,' 'High Speed Internet' (or 'HSI'), cable Internet, DSL and others referring to Internet access. While most folks understand that typing in a website address in a Web Browser and pulling up a webpage means you are using the Internet, many of the terms and concepts surrounding the concept of Internet Access are confusing! To best understand the results of this Study, it will be helpful to understand what the Internet and Internet access is. Tha I: IIS I� °� �..n III in in et First - what IS the Internet? The Internet is an Inter -networking of millions of electronic devices across the globe and orbiting the earth (satellites) that exist for the purpose of routing pieces of information from a source to a destination. This information might be an email, a video, files, website graphics, phone calls, etc. The Internet works somewhat similar to the US Postal Service (USPS). To mail a letter using the USPS, you use a name, a house number, a street name, a city name, a state name and a zip code. You also include a 'return address.' You put the letter in a mailbox and trust it will get to its destination, knowing that if it doesn't...it will be returned to you. The information you include on the envelope is everything needed to get the letter to its destination and to return it home, if needed. The mail carrier picks up your letter and brings it to a Post Office. The Post Office sorts the mail based on Zip Codes and puts your letter in a tub to get it going towards the destination. Your mail joins other mail on its journey to a central sorting location for all mail coming from a particular geography. From there, the mail starts its journey from the central sorting location to the destination. It routers to mail sorting facilities closer to the destination. Once it gets to the local post office of the destination, it lands in the right mail carrier's bag to get it to the destination street and house number. The Internet is similar to the USPS in that every piece of information leaves its source (e.g. your computer) with an address for a destination (e.g. website you are interacting with) and includes a return address, in case it is lost along the way. The addresses used for the Internet are IP (Internet Protocol) addresses. Most commonly, these addresses contain four numbers between 1 and 255 (e.g. 67.212.115.101 or 8.8.8.8) and can be temporary. An IP address ties to a physical address that doesn't change, called a MAC (Media Access Control) address. Every device that is on a network has a unique MAC address, which ties to an IP address. Your Internet Service Provider (ISP) is like your mail carrier. They pick-up this mail and determine if the destination is in the same network (e.g. your neighbor who uses the same ISP) or not using a 'Router.' If local, the Router will send to the local address, like your letter being handed off to the mail carrier in your town that serves the destination address. If not local, however, the Router 'packages up' the information and sends it to a larger distribution Router. Like the mail service, your information is routed up to larger and larger distribution Routers. Once it reaches a central routing hub, it then starts traveling towards the destination, until it lands in the network of the destination (like a local Post Office) and is sent to the final destination. The Internet is composed of millions and millions of computers (Routers') across a World Wide Web (www) of interconnectivity. Routers are like 'sorting locations' for information...forwarding packets of information towards their destination. 35110 Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 146 of 277 i30 'a ffie Il l: n r n°°n n ll: of N°n'a n u (Il o1) The acronym `loT' is commonly used today. It stands for `Internet of Things,' and encompasses all devices that are connected via a network. Sometimes these devices are referred to as `smart' devices. The term is a loose label and there is no official designation making something an loT device, or any standards around the term. loT devices include a vast array of network - enabled devices, including computers, smart phones, light bulbs, door locks, doorbells, cameras, appliances (refrigerators, washers, dryers, etc.), speakers, home automation devices, thermostats, outlets, etc. To be clear, for a device to be consider an loT device, it needs to be network enabled (have a MAC address and be assigned an IP address), so only `smart' light bulbs, outlets, etc. would fall into that category. Information can be sent to and/or from an loT device for control, measurement, monitoring and other purposes. loT devices serve consumers, healthcare, automotive, transportation and myriad other industries. In the last decade there has been an explosion in the number of loT devices reaching into the billions. Projections for the number of loT devices that will be in use by 2021 range from 28 billion (Ericsson Mobility Report November 2015) and higher worldwide. While the loT world is the Wild West of new technology and growth right now, one thing is constant - most every device requires Internet connectivity. High speed, reliable Internet access is a basic requirement for where our world is and is headed. al:; do W:hose rnunlr )ers moan? This type of information exchange happens on a massive scale between your computer and various destinations (Netflix, email, Google, etc.) sending and receiving millions of pieces of information. To comprehend the volume and rate of information sent across the Internet, it is necessary to understand the language and units of measure. While the English language uses 26 characters...A through Z, computers uses a `binary' language, compose of two (2) characters - 1 and 0. All of what happens in your computer and over the Internet uses this binary language of 1s and 0s. A 1 or a 0 is called a `bit,' depicted with a lower case 'b.' Bits are grouped into groups of eight (8) called `bytes,' depicted with an uppercase B.' Your Internet connection uses various units of measure to describe speed. The units of measure: • 'k' stands for kilo, which means `thousand' • 'M' stands for `mega,' which means `million' • `G' stands for `giga,' which means `billion' • 'T' stands for 'tera,' which means `trillion' • `b' stands for `bit,' which is a 1 or a 0 • 'B' stands for `byte,' which is made up of eight bits • `ps' stands for 'per second' If you have a 50Mbps down (megabits per second download rate) and 20Mbps up (megabits per second upload rate) connection, you can download up to 50,000,000 bits every second and upload (send) up to 20,000,000 bits per second. You can think of this as a `pipe' size that allows a maximum flow rate of data, like the water pipe that feeds your home. A 3/4" pipe has the ability to provide more water to your home than 1/2" pipe can. Data rates for broadband connections are typically measured in 'bits per second,' while most file sizes are referred to in `bytes.' This is an eight to one ratio. To understand how long it would take to transfer a 10MB file, you'd have to take the data rate in bps and divide by 8 to get to bytes per second. So, a 10Mbps connection can transfer 1.25 million bytes per second (10Mbps/8). Based on this, you may conclude that a 10MB file would take 8 seconds to transfer, however not all bits are used for your information. Many bits are used for `overhead,' which is addressing, error detection, and error corrections, amongst other things. Myriad other 36 I Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 147 of 277 things factor into how many of those bits per second are used for actual payload (piece of information you are sending). [How does a "t: h lrs affect t my y II IrT txr. r In ar exper To understand how this translates to your experience `surfing the Web,' you need to understand how many bits are being sent or received. Here are some rough estimates: • A 3-minute MP3 song is around 5MB (or 40Mb) • One second of HD 1080p video - 375kB (or 3Mb) • A digital picture is around 12MB (or 96Mb) • A Word document is typically around 20kB (or 160kb) Next, you need to understand how big of a pipe you must establish your 'flow rate' of data. This is where we get to broadband speeds. A 10Mbps Internet connection gives you the ability to transfer 1.25MBps. Now, some of these bits and bytes are used for overhead, but we'll not consider that now, to keep the calculations simpler. Building on the thought of the various types of data that is traversing a network in different quantities and times, let's think about network utilization. Think about your own Internet usage. When you pull up a webpage, there is a burst of data being downloaded to display the page. However, that subsides as soon as the website is loaded, and another burst doesn't happen until you click on another link. Same with email - you send a file, which creates a burst of data, then seconds later it is done. Video chat uses varying amounts of data up and downstream, which is based on the amount of change or movement that camera sees. Video streaming (Netflix) uses bandwidth in a continuous fashion in a downstream. Video games require varying amounts of bandwidth up and downstream, dependent on what is happening at each moment in a game. Multiply this by the number of devices (phones, computers, tablets, wifi light bulbs, etc.) you have in your home or business and you can imagine that the usage of your Internet connection is massively variable, or 'bursty.' a`a:aa a:: a ae speed and why 'at matters The size of your Internet connection (pipe) determines how this burstiness impacts you. • Small Internet connection • Transferring a very large file across a small Internet connection will max out your Internet connection for the long period of time it takes to send the entire file. • If someone is watching Netflix during this time, they will experience a lower picture quality. Since they are using Netflix, your file transfer has less 'pipe' to work with...meaning it takes even longer. • This type of scenario generally provides a poor experience for the person watching Netflix AND for the person transferring the file. There isn't enough Internet connection 'pipe' to go around and it tends to be maxed out often. • Large Internet connection • Transferring a very large file across a large Internet connection will max out your pipe only briefly. • If someone is watching Netflix during this time, they won't notice this since there is 'buffering' that allows some disruption without notice. • Both people are happy, and the Internet connection only saw a brief spike. There is plenty of 'pipe' to go around and it rarely is maxed out. When you need it, it is there. 37 1 II Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 148 of 277 Due to this burstiness, statistics show overall utilization of residential Internet connections between 1% and 10%. Like the airlines, who overbook planes with the expectation that not everyone will show up, an ISP plans network capacity around the fact that not everyone will use their full subscribed rate all the time. Depending on how conservative or aggressive an ISP plans this utilization, problems can develop. If not planned well, this can cause problems (like when the airline runs out of seats). For example - think about the surge of use that happens when the neighborhood kids get out of school and start streaming YouTube at the same time. A network built around the wrong assumptions will be brought to its knees, and every subscriber on that portion of the network will have a poor experience. This also can happen when an access network was laid out decades ago based around usage patterns that predate today's Internet usage behaviors (e.g. legacy cable or telephone companies). Without aggressive upgrades and reconfigurations of the access network, this can make for an entire city of unhappy customers. Another way to think about the Internet is like a road system. Think about your route from your house to a friend's house. The 'last mile' of the road connected to a house is like the broadband connection to your home. Beyond that you hit highways (transport), intersections (routers), possible traffic congestion, and the last mile to your friend's house (it could be a dirt road!). You can have a perfectly new, wide road leaving your house...but many factors outside of that road dictate the end -to -end experience to getting to your friend's house. Controlling what you can by making sure the piece of the road/driveway to your house is clear makes sense, which is similar to ensuring your broadband connection is adequate to handle traffic to/from your home or business. aai: racy Finally, one more important measure of Internet connectivity performance is `latency.' Latency is how long it takes information to get to and from its destination. Too much latency is especially problematic in real time activities, like video chat, gaming, auctions, stock trading and other things. For video chat, any more than 1/7th of a second (150ms) delay in either direction creates a problem. Everything your data passes through adds time. Routers, for instance, are decision makers, and decision making takes precious time. Using the road analogy, hitting one - lane construction doesn't increase the distance to your friend's house, but it slows your transit and increases the overall time to get there. 38III Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 149 of 277 Video 4K HDR HD (1080p) High Quality SD (360p) High Quality Audio Standard Quality Music 0 ?017 Consumer Reports. AIV Rights Reserved. Bit Rate w /00,/ 011 II �u Il.ely II d Lo be? Perception and reality - two important factors. Kbps Reality - .speedtestonet reports that from Q2 2016 to Q2 2017, the average fixed broadband download speed increased by 30%, from 48Mbps to 64Mbps download speed. With video traffic accounting for 73% of Internet traffic in 2016, and expected to hit 82% by 2021, the demand is only increasing. Perception - Humans compare themselves to their neighbors. Whether something is needed or not, being able to have what someone else has drives consumers. For that reason, the answer to the question 'How fast does an Internet connection need to be?' becomes more about perception than reality. Today, having the option of 1 Gbps Internet connection is desired. For those that can afford it, it is bragging rights. For those that need it, it is available. For those that can't afford it, it is something to attain to; something they know their provider can provide if they choose. Experience - When you have a large broadband connection, everything works better. There is no drawback, other than cost, to having a connection larger than you'll ever need. Large 39 1 II''" Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 150 of 277 connections allow you to stream many instances of 4k video simultaneously, download files as fast as possible, load web pages as fast as possible, etc. Large connections let you forget about the connection because everything just works. Today, a 50-100Mbps connection provides this level of experience for most subscribers. Connections larger than that are, frankly, not needed and won't change most subscriber experiences. So, while it is nice to have residential Gigabit services, the vast majority of subscribers only need 50-100Mbps. The Access Llr:l:;v\'o With all of this in mind, let's dig into the Access Network - the piece of the network connecting to the subscriber. This is the piece of the network that is provided by Internet Service Providers (ISP), like MediaCom, Cedar Falls Utilities, CenturyLink, and others. An ISP has three major pieces: 1) a `backhaul' connection to an Internet Exchange Point, 2) an Access Network to subscribers and 3) a network to connect the backhaul' and Access Network together. The Backhaul connection is like a highway connecting the ISP to a major Internet distribution hub, which is the interface to rest of the Internet world. This is `wholesale' Internet access and is the lifeline of the ISP. It is typical for an ISP to have 2 or 3 backhaul connections via geographically diverse paths to different data centers that connect to different Internet Exchange Points as a precaution against losing connectivity to the Internet. The Access Network is the Internet connection to your home or business. There are various technologies that can be used, with pros and cons to each. Understanding this piece of the network will help decipher why some service providers can claim they have great technologies but fail to deliver. The connection to your home or business is one of the most vital pieces that dictate your Internet experience. Even with great technology, if the Access Network is designed poorly, the Internet experience will suffer. Let's look at the different major types of Access Networks: C:Q�IbD (€ . q. Medoa(oirnn9 • Uses coaxial cable to connect from the Central Office to subscribers. In hybrid coax/fiber networks fiber is used as a `trunk' to a distribution point, and then coaxial cable is used beyond that. • Coaxial cable - a type of electrical cable that has an inner copper conductor surrounded by an insulating tube, which is surrounded by a conductive copper shield. The design was patented in 1880. • Originally, the cable distribution networks were built to send information in one direction - from the broadcast studio out to the subscriber - single point to multi -point. These same distribution networks are in use today, but technologies have evolved to use them for two-way communication. • In Waterloo, much of the coaxial cable has been in the ground for 30-40+ years. Most likely, Mediacom has upgraded its trunks from coaxial cable to fiber, but the distribution network is 40-year-old coaxial cable that isn't getting any younger. Coaxial cable has a lifespan, and this is the tail -end. To make matters worse, the grouping of subscribers to splitters was planned around decades old customer usage patterns. No one expected the kind of bandwidth customers are using downstream or upstream (especially upstream). The fact is, no matter how great the `trunk' fiber is, if it hits a splitter that has too many subscribers on it...you find that you can't get online when the kids get out of 40 I Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 151 of 277 school. The distribution network is not architected to today's customer behaviors. More splitters are needed, and coaxial cables need to be replaced. This is a huge investment! • Coaxial cables are susceptible to lightning and electrical interference. • As far as what data rates cable is capable of today, the latest emerging technology, DOCSIS 3.1 Full Duplex, provides up to 10Gbps upstream and downstream. Devices are still coming to market to take full advantage of this newest standard. Existing networks must be updated as well. • To deploy the newest technology, investment is required in the existing infrastructure. Fiber needs to push deeper into the network in place of coaxial `trunks.' Splitters need to be upgraded. Aging coaxial cable and connectors possibly need to be replaced to capture this full benefit. Due to the complexity, it is easy for an ISP to claim they have fiber and DOCSIS 3.1, but the `devil is in the details.' If the entire architecture isn't upgrade and designed to take full advantage, the customer experience will be frustrating, not living up to the hype. Construction of a coaxial cable 41 I II°: ;3 b Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 152 of 277 Coax cable true Taps --- ber cable el ectri ca converter Co xi HFC (hybrid fiber coax) segrnent Taps -- I b cable —" mitt" Subscribers Basic cable network layout Subscribers Ceirn ryl...linlir. • DSL stands for Digital Subscriber Line • Has had many variations, including ADSL, ADSL2, ADSL2+, VDSL, VDSL2, VDSL2 with Vectoring. A new technology called G.Fast is now also being deployed. • This technology allowed the telephone companies of the world to get into the High - Speed Internet business. Originally, telephone lines were used to connect to the Internet via Dial -up' Internet connections. However, when High Speed Internet was introduced, traditional Dial -up' was no longer enough. DSL allowed Telephone companies to provide High Speed Internet over the same copper twisted pair wires that were connecting to customer homes to provide telephone service. On top of that, the phone company was still able to use the copper pairs for phone service but putting a 'splitter' at the customer premise. This allowed telephone companies to own the Internet and Phone services, providing one simple bill to the end user. • The very latest of today's DSL technology (VDSL2 with Vectoring and G.Fast) and get close to 1Gbps. However, to accomplish this 1) the copper pairs must be pristine (most are old), 2) many copper pairs must be bundled together to feed one endpoint and 3) the length of copper wire must be short (<1 k ft). Very few DSL connections are able to combine these qualities and provide this type of throughput. • Commonly, as in Waterloo, copper is older (original est. life expectancy of 40 years), there are not very many pairs to each home and the latest DSL technology is not being used. Hence, true data rates commonly peak max out between 12-20 Mbps, with real life experience often falling even short of these levels. Advertised rates are 'best effort,' meaning they are not guaranteed. 42 I II ' Wr i e Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 153 of 277 LSZH or PVC Jacket f���r�r����Hiallllfr�lrl e Aluminium Mylar Shield in Wire Solid Conductor Four (A) Twisted Pairs Typical copper wire construction giber Opt lc (Eraaga Cedar Fall Vs iJtiPles) • Fiber optic networks are considered the lowest cost to operate, easiest to upgrade, highest capacity and unaffected by electrical interference or lightning. • Fiber optic cables contain a strand of flexible glass across which light frequencies are transmitted. The light spectrum used is not visible to the human eye. • While lifespan of fiber optic cable is stated as 20-25 years, the useful life is expected to far exceed that. • Fiber optic access networks are completely passive, meaning nothing is powered between the Central Office and the subscriber premise. This significantly reduces the number of things that could go wrong in the field, reducing maintenance costs. • The capacity of fiber is limited only by the quality of laser and corresponding technology that the fiber optic cable is connected to. • GPON (Gigabit Passive Optical Network) technology is commonly used by ISPs today ISPs, however fiber can be used in myriad other applications. GPON typically provides up to 2.5Gbps downstream and 1.25Gbps upstream bandwidth. • Next generation PON standards provide up to 80Gbps upstream and downstream, with multiple technologies able to operate simultaneously across the same fiber optic access network. By simply upgrading the Central Office and Subscriber side electronics, these new technologies can be harnessed across existing fiber. • The ODN (Optical Distribution Network) is a passive fiber network. One strand of fiber leaving the Central office, depending on solution chosen, can feed up to 64 subscribers via passive splitters. Simply, a fiber hits literal mirrors that reflect the light down up to 64 strands of fiber. The intelligence in the customer electronics (ONT - Optical Network Terminal) and the Central Office electronics (OLT - Optical Line Terminal) work out the method of dividing up when each device can transmit or receive so they all can play together on the same ODN. Ilxed Wireless access • Fixed Wireless broadband typically uses fiber optic cable to an Access Point. Subscribers have a small fixed antenna that points at the Access Point and establishes a high-speed wireless connection. • There are two ways to get connectivity to the Access Point - wired and wireless. Fiber to the Access Point is what most 5G deployments will use. However, point-to-point 5G 43 II' W g e Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 154 of 277 wireless can also provide the connection to a 5G Access Point. This can be useful for remote locations (e.g. mountain top) or to quickly get to an area where fiber can't be deployed for some time. This provides some strategic options in certain applications. • 5G requires line -of -site, with a distance of <1,000ft between Access Point and subscriber antenna. • The 5G wireless strategy varies between providers, but typically leveraging unlicensed spectrum is the goal, which eliminates the cost of paying for licensed spectrum. Unlicensed spectrum availability varies site by site. There is a lot of spectrum available, however, and products have been developed with this in mind, integrating algorithms to continuously choose the clearest frequencies and shift as needed. ? Facebook and Google both acquired companies to help them launch drone technologies that would allow them to put LTE wireless antennas in the sky to provide broadband Internet services to unserved areas. Laser communications between the drones provided the backhaul to the Internet. The concept was for the drones to be solar powered and fly continuously. A great sounding idea, however, Google shuttered their program earlier this year and Facebook shuttered theirs in June. However, rather than thinking drones for Internet access are dead, this likely is just part of the adventure of figuring out the right application and technologies combinations to make the business case work. At the same time that Google and Facebook have been shuttering their programs, late in 2017 Huawei (a massive Chinese company with 180,000 employee and $86 billion in sales last year - double sales from three years ago) unveiled their 'Digital Sky' initiative at the Global Mobile Broadband Forum (MBBF) in London. Huawei's target - an emerging `low airspace digitized economy.' You can read more about it here - http://w telecompetitor.com/drones-are- comino-and-dioital-skv-aims-to-seize-the-oDoortunity-for-the-broadband-indust /. Huawei's application would have drones land, autonomously, on platforms at the top of towers to recharge themselves. In June 2018, AT&T announced its extreme weather tethered drones, or a Cell On Wings (COW). A 550' tether, containing two strands of fiber and power connections, connect from the drone to the ground, providing the potential to stay aloft indefinitely. The fibers provide a high speed backhaul connection to the Internet, while subscribers connect wirelessly to it. The drones were used in Puerto Rico during disaster recovery, each providing LTE Internet connectivity to 14 square miles, flying at a height of 200'. You can read more about it here - http://urgentcomm.com/long-term-evolution/att-s-extreme-weather-drone-provides-new-Ite- coverage-option-d ifficult-environme. One thing is certain, the drive to have and to provide high speed internet connections to un- served and under -served areas, and the requirement of Internet access to live our modern lives is not slowing down. 44 1 II Waterloo Broadband & Smart City Study 1 Author: David LaMarche Page 155 of 277 II Illl�llp 111...4,111� '1"" 44,011 S 111111.,, 1111.0,0 1,21 Io li MARf(,9fl''IJIVf."Mf' I I The research objective for this project was to determine the current satisfaction with Waterloo's broadband providers and identify if adding a new broadband provider to the City of Waterloo is sustainable. More specifically, the research worked to: • Discover the current feelings Waterloo residents have regarding their satisfaction/dissatisfaction with their current broadband provider and their likelihood to change providers • Uncover consumer wants and needs as they relate to a broadband provider in Waterloo • Identify if the City of Waterloo can sustain three broadband providers In order to achieve the stated objectives, AMPERAGE conducted an online survey among residents of the City of Waterloo. AMPERAGE worked with the Waterloo Industrial Development Association (WIDA) team to develop the survey, which was approximately 5 minutes in length. Recruitment was conducted online using a list purchased from a reputable list vendor and the Greater Cedar Valley Alliance & Chamber investor list. The purchased list was composed of 10,873 adults, age 20 and older who lived in Waterloo. The Greater Cedar Valley Alliance & Chamber investor list was composed of 1,746 investors. We attempted to fill out the quota matrix below, which was designed to be reflective of Waterloo's population makeup. However, despite our best attempt to focus survey reminders on younger age groups, the survey population is slightly under represented in the 20-39 age group, and over represented in the 60+ age group. of Waterloo Age Group Adult Population1 20-39 40-59 60+ Not provided 11111111111111111 li"'il ifI Targeted No. of Actual No. of Survey Responses Survey Responses 114 106 80 on,,,,,,,,,,,,nnnnnnnnn,,,,,,,,,,,,,nnnnnnnn,,,,,,,,,,,,,,nnnnnnnnnnn11 49 107 124 60 uuli1111 The survey was launched on December 12, 2018. An online survey link was sent to all prospective respondents. If respondents hadn't responded within a reasonable amount of time, generally two -to -three business days, AMPERAGE followed up with three 1 Waterloo's adult population (age 20+) is estimated at 50,334, according to the U.S. Census Bureau. Page 1 I , ,I,r1,l) r.l (I "`> Page 156 of 277 MARK Ci C9 dlufrfl'UNG reminder emails. The study was closed on January 2, 2019, at which point AMPERAGE had collected 287-340 usable surveys. Why is the number of collected surveys presented as a range? Some respondents discontinued taking the survey before they had responded to all of the questions. In many cases partial responses would be omitted from the data analysis. However, AMPERAGE chose to include partial responses because the information they provided before discontinuing the survey is valuable and valid. According to U.S. Census data, there are approximately 50,334 adults over the age of 20 living in Waterloo. A sample size of 287-340 surveys yields a statistically reliable sample possessing an aggregate data confidence level of 95 ± 5.30-5.77%, depending on the number of responses for the question. This means that for every rating or ranking expressed by the aggregate respondent group, if we were to conduct the same survey 100 times, 95 percent of the time the results would be within ± 5.30-5.77% of the data collected. Page 2 )lei "✓`11',I`., ..r.l(I Page 157 of 277 kl tt 9 ;v N '1 IJ IV f."M f I S I Oveirall, responderil.s are not satisfied with Ineiiir current in. leirnel service (provider • 43% of respondents were very dissatisfied or dissatisfied with their current Internet service provider • There was also low -to -moderate satisfaction reported for characteristics such as speed, size of data cap, customer service experience, responsiveness, reliability and price. Means ranged from a 1.20 (price) - 2.12 (size of data cap) on a scale of 0 (very dissatisfied) to 4 (very satisfied) • Mediacom is the dominant service provider in Waterloo, reported by 81 % of respondents IRespondeinls reported a hiigh 111kelihood to swirtch providers, but it all comes down to •IIHe cost ■ 77% of respondents were likely to switch providers if another offered superior service for a reasonable price • Lower pricing was the key reason 85% of respondents would switch Internet service providers • Two-thirds of respondents spent less than $100/month for Internet service and paid an average of $66.27/month. An additional 27% spent between $100-$199/month and spent an average of $134/month • 56% of respondents said cost was the biggest factor preventing them from subscribing to a higher speed level of Internet service Use of the best available teclhinology and excellent customer service were .line most important charaaci eristiics of an iiry erinet service provider ■ These factors were rated a 2.59 and 2.53, respectively, on a scale of 0 (not important) to 3 (very important) espoindeints ore using the fnterinet • or email , web surfing caind video streaming • The uses above were reported by 96%, 93% and 72% of respondents, respectively • Nearly two-thirds of respondents have 1-6 devices connected to the Internet at home • Half of respondents didn't know what download speed they currently received. Of those that did, 29% reported speeds of 10 Mbps or more Page 3 (Ill Y'Vr tiflr; Page 158 of 277 MARf(,9fl''IJIVf."Mf' I I AMPERAGE worked to uncover the answers to four questions in this research. The questions and answers, based on the findings of this research, are below. Q; Are Waterloo residents satisfied with their current internet provider? A. Some residents were satisfied with their provider, but about two-thirds were either dissatisfied or neutral. Q: How likely are residents to change internet providers? 77% of respondents were likely to switch providers if another offered superior A: service for a reasonable price, but it comes down to cost. Lower pricing was the key reason 85% of respondents would switch internet service providers. Q: A: What do residents want and need from an internet provider? Use of the best available technology and excellent customer service were the most important characteristics reported by respondents. These factors were rated a 2.59 and a 2.53, respectively, on a scale of 0 (not important) to 3 (of an internet service provider. Q: Can the City of Waterloo sustain three broadband providers? A. The research suggests that there is an opportunity for a third provider to enter the market. However, if the provider cannot offer superior service at a competitive price, the opportunity may not be as great. Page 4 Page 159 of 277 CITY OF WATERLOO Council Communication Resolution authorizing the City Attorney to file a claim in Vista Healthplan, Inc. v. Cephalon, Inc., et al, Civil No. 06-CV-01833, in the United States Dictrict Court for the Eastern District of Pennsylvania. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date 1 �X l c,pci�p�: pC Il y Approved 0/'3/Z,0 p Q) .... 2:2 p P I11 SUBJECT: Resolution authorizing the City Attorney to file a claim in Vista Healthplan, Inc. v. Cephalon, Inc., et al, Civil No. 06-CV-01833, in the United States Dictrict Court for the Eastern District of Pennsylvania. Submitted by: Submitted By: Martin M. Petersen, City Attorney Recommended Action: Approval Page 160 of 277 CITY OF WATERLOO Council Communication Resolution approving award of contract to Keisler Police Supply, for the Police Department's FY 2020 ammunition needs as budgeted, and authorizing the Mayor to execute said documents. City Council Meeting: 10/28/2019 Prepared: 10/22/2018 REVIEWERS: D epartment P()lice Department Clerk: Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Dave e Action A pproved Approved Date 10/22/2,019 ... 2:1.2 P C1� 10/ . 3/2,01.9 ... 1(:26 .A.14. Resolution approving award of contract to Keisler Police Supply, in the amount of $24,677, for the Police Department's FY 2020 ammunition needs as budgeted, and authorizing the Mayor to execute said documents. Submitted By: Dave Mohlis, Police Captain Authorize the Police Department to accept the bid and execute it for the FYE 2020 Ammunition needs. Keisler's was the sole bidder for ammunition needs. This is an annual purchase of ammunition used in firearms training for the Police Department. This ammunition is needed in order to maintain proficiency and certifications in a variety of weapon systems. General budgeted funds General Funds None None Ammunition costs and requirements to continue to increase each year. The delay from order to delivery can be up to a year. This ammunition is utilized to maintain proficiency and certification that reduces liability. N/A Page 161 of 277 CITY OF WATERLOO Council Communication Resolution approving completion of project and recommendation of acceptance of work for work performed by Croell, Inc., in the amount of $2,148,349.98, in conjunction with the reconstruction of Taxiway Charlie at the Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said documents. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date Airport 1Caspa.rL" Keith Approved 10/73/2,019... 10:43 /.M (.'Ilene t.' Approved �p�c�:, 1^;venr9 p:Tehr�rr l� .r:rra.wecR 10/:7,3/2,019 - A_A/a ATTACHMENTS: Description a 1'l3la" i;opy o1` 1 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type t:`ov °r A/leurro Resolution approving completion of project and recommendation of acceptance of work for work performed by Croell, Inc., in the amount of $2,148,349.98, in conjunction with the reconstruction of Taxiway Charlie at the Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said documents. Submitted By: Keith Kaspari, Airport Director Approve above request from Staff. Provides complete pavement, guidance signage and edge lighting reconstruction and/or replacement for Taxiway Charlie. This project completed by Croell, Inc. totals $2,148,349.98. For this project, the FAA paid 90% with the City of Waterloo providing the final 10% match of funds via the airport's FAA approved and City Council approved Passenger Facility Charge application. This project complied with City of Waterloo's Strategic Plan, as follows: Goal No: 2, and Strategy No: 2.2. Goal No: 3, and Strategy Nos: 3.4,3.5, 3.7, Goal No: 4, and Strategy No: 4.5. Alternative: No project alternatives were selected for this project. This project was for the complete reconstruction of the pavement, guidance signage and edge lighting for Taxiway Charlie at Waterloo Regional Airport. This taxiway runs parallel to Waterloo's secondary runway - Runway 18/36 Page 162 of 277 Background Information: whereby it was showing significant deterioration requiring a full reconstruction with concrete pavement (PCC), in contrast with a most likely cheaper asphaltic pavement. With proper maintenance, this taxiway should provide excellent service to Waterloo for the next 25-years. Legal Descriptions: Not Applicable for this request by Staff Page 163 of 277 ��A —COM Imagine it. AECOM � Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com October 22, 2019 Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Reconstruct Taxiway C Waterloo Regional Airport Waterloo, Iowa FAAAIP Project No. 3-19-0094-045 AECOM ID No. 60550592 Dear Mr. Kaspari: By this letter, we hereby state: 1. We have made a final review of the project and recommend acceptance. 2. To the best of our knowledge and belief, based on observations of AECOM staff during construction, the contractor, Croell Inc. has performed the work in accordance with the contract requirements in effect for the above -referenced project. 3. The total cost of the completed work is $ 2,148,349.98. • �°. s o�ssjo, l Dn[> , H 1viGHEIt5 13037 d. , low ,' = I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. ,. , Octboer 22, 2019 David B. Hughes License No. 13037 My license renewal date is December 31, 2019. Pages or sheets covered by this seal: Date \\usdem1fp001\Data \ Projects \60550592 ALO Twy C CRS\300_Communications\310_Client\KK102219.Itr2.docx aecom.com Page1l64 of 277 CITY OF WATERLOO Council Communication Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $652,178.66, in conjunction with the reconstruction of the Runway 12/30 paving joint, and the complete airfield repainting of all FAA eligible pavement markings, and authorizing the Mayor and Airport Director to execute said documents. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date .Airport K.aspari, Keith Approved 10/23/2,019 - 10:44 .AM t.`Ilerk Office. .eA n Approved 10/23/2,0 19 - p .:27 AM. ATTACHMENTS: Description Type D 1'I)i,` Copy of1,etter 1ronnn )Atnginneen .. . i:giro i nc,o (Over Memo SUBJECT: Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $652,178.66, in conjunction with the reconstruction of the Runway 12/30 paving joint, and the complete airfield repainting of all FAA eligible pavement markings, and authorizing the Mayor and Airport Director to execute said documents. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Approve of the above request by Staff. This project provided for the repair of a runway paving joint and a repainting of all FAA eligible airfield pavement markings. This project completes by Aspro, Inc. of Waterloo, reflects a total cost of $652,178.66. Ninety percent (90%) of the above funds was derived by FAA Grant No: 0045 as noted above, with the final ten percent (10%) balance being derived by Waterloo's FAA -approved Passenger Facility Charge program. This project complied with the City of Waterloo's Strategic Plan, as follows: Goal No: 2, and Strategy No: 2.2. Goal No: 3, and Strategy Nos: 3.4, 3.5 & 3.7. Goal No: 4, and Strategy No: 4.5. No Alternatives were selected for this project. Page 165 of 277 Background Information: This project provided two elements, as follows: 1. A simple rehabilitation of the paving joint on Runway 12/30, at the intersection of B-1 Taxi Connector. This paving joint was the original end of runway for many years at an original length of the Runway at 6,500 feet long, prior to a runway extension that brought the current runway to its current length of 8,400 feet. The runway joint had been failing for a number of years, whereby it was finally time to execute a repair. 2. A full repainting of all FAA -eligible pavement areas (except Runway 6-24) which is not an FAA approved surface for the expenditure of federal funds. Legal Descriptions: Not applicable Page 166 of 277 ��A —COM Imagine it. AECOM � Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com October 22, 2019 Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Runway 12/30 Joint Repair Airfield Pavement Marking Waterloo Regional Airport FAAAIP Project No. 3-19-0094-045 AECOM ID No. 60550592 Dear Mr. Kaspari: By this letter, we hereby state: 1. We have made a final review of the project and recommend acceptance. 2. To the best of our knowledge and belief, based on observations of AECOM staff during construction, the contractor, Aspro Inc. has performed the work in accordance with the contract requirements in effect for the above -referenced project. 3. The total cost of the completed work is $ 652,178.66. " DAV [) It, rluowrs 13037 d " low ,' ; z " I hereby certify that this engineering document was prepared by me or under, Profess onasupervisionand that I am a duly licensed l Engineer underthelaws of the state of Iowa. t Octboer 22, 2019 David B. Hughes License No. 13037 My license renewal date is December 31, 2019. Pages or sheets covered by this seal: Date \\usdemlfp001\Data \ Projects \60550592 ALO Twy C CRS\300_Communications\310_Client\KK102219.Itr.docx aecom.com Page1l67 of 277 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $537,300, in conjunction with preliminary engineering services for the La Porte Road/Hess Road Corridor Improvements - Phase I, and authorizing the Mayor to execute said document. City Council Meeting: 10/28/2019 Prepared: 10/22/2019 REVIEWERS: Department Reviewer Action Date girneering K n:irrsonn, °amide Apprroved 10/2,2/2019 - 3:51 P MI —ice Even, I, LAnrn Approved p 0/23/2,0 p 9 - 9:2„5 A M ATTACHMENTS: Description D AECOM P Rd/lpes r Rd Corr i SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: II' Type 2i:i ➢(.'Qnverr I11.enrno Resolution approving a Professional Services Agreement with AEC OM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed S537,300, in conjunction with preliminary engineering services for the La Porte Road/Hess Road Corridor Improvements - Phase I, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer SWAP 356,000 LOCAL 181300 TOTAL $537,300 SWAP Local Option Page 168 of 277 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO LA PORTE ROAD/HESS ROAD CORRIDOR IMPROVEMENTS STBG-SWAP-8155(760)--SG-07 PHASE I — PRELIMINARY ENGINEERING PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 169 of 277 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's Page 170 of 277 AECOM Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non - renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on a cost plus fixed fee basis. Total compensation is a not -to -exceed fee of Five Hundred Thirty -Seven Thousand Three Hundred Dollars, as shown below and in attached documents. Estimated Actual Costs Fixed Fee (Prime Only) Contingency (Prime Only) Contingency (Subs) Maximum Amount Payable Division I (SWAP) $305,700.00 26,200.00 21,200.00 2,900.00 $356,000.00 Division 2 (LOCAL) $160,400.00 8,600.00 6,800.00 5,500.00 $181,300.00 Total $466,100.00 34,800.00 28,000.00 8,400.00 $537,300.00 ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk Page 171 of 277 AECOM Page 4 without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in Page 172 of 277 AECOM Page 5 any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not Page 173 of 277 be ohanged, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions ofthis contract document shall control. |nthe event cfany conflict among the exhibits, the exhibit ofthe latest date shall control. (N This Agreement shall begoverned bythe laws of the State ofIowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. |nnocase shall CL|ENT'sapproval ofany subcontract relieve ATSof any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damageo, induding, but not limited to, kmo of use, loss of profit or interruption of business, whether arising in contract, tort (including neg|iOenoe), stotude, or strict (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such fnmn shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained inoronsuch forms shall bodeemed stricken and null and void. UD This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written APPROVED FOR CITY OFWATERLOO Printed Name: APPROVED FOR AECOM Quentin Hart Printed Name: Douglas W. Schindel, P.E Date: IOVVADEPARTMENT OFTRANSPORTATION Accepted for SWAP Authorization* Title: Date: Associate Vice President October 15.2O19 By: Printed Name: Title: Date: *The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this agreement is acceptable for SWAP funds. Page 174 of 277 CITY OF WATERLOO, IOWA LA PORTE ROAD/HESS ROAD CORRIDOR IMPROVEMENTS PHASE I — PRELIMINARY ENGINEERING EXHIBIT A A. PROJECT DESCRIPTION This project consists of the preliminary and final design of improvements to the La Porte Road/Hess Road Corridor from just north of Mitchell Avenue to the Shaulis Road intersection, including modifications to the existing traffic operations, safety improvements, access management changes, transit accommodations, bike/pedestrian facilities and corridor aesthetics. This project will be split into three phases: • Phase I - Preliminary Engineering. This phase will include a review of the entire corridor and preliminary design development to improve traffic flow, safety, access management, pedestrian and bicycle accommodations, and aesthetics. This phase will also include completion of preliminary design plans for the corridor. Phase I, Preliminary Engineering, will be separated into two divisions as follows: Division I - SWAP Funding and Division II - Local Funding. • Phase II - Final Design. This phase will include completion of final design and construction document preparation for the preliminary design projects developed in Phase I. • Phase III - Construction -Related Services. This phase will include construction management and construction -related services for the project. B. SCOPE OF SERVICES PHASE I - PRELIMINARY ENGINEERING The following tasks are included in the Scope of Services for Phase I - Preliminary Engineering: Division I— SWAP Funding Data Collection Task 1 - Topographical Survey. This task includes field surveys, property surveys and utility calls, as required, to complete the conceptual and final design of the project. Task 2 - Base Mapping. This task includes development of a base map file in MicroStation format for use in the development of the project. Preliminary Design Report and Preliminary Plan Development Task 3 - Complete Streets. Improvements will address the various modes of transportation to be accommodated with the proposed alternative. Page 175 of 277 Task 4 - Transit. This task consists of coordinating with MET Transit to identify current and proposed transit routes and bus stop locations, and determining improvements in bus stop locations and designs along the La Porte Road/Hess Road corridor. Task 5 - Sidewalk/Recreational Trail. The pedestrian improvements include extending sidewalks and recreational trail along both sides of La Porte Road/Hess Road. This task includes the preliminary design for the pedestrian and bikeway system. Included will be a review of sidewalk locations, bikeway locations and traffic control measures. Task 6 - Corridor Enhancement. This task includes the preliminary design for roadway enhancements along the La Porte Road/Hess Road corridor. The concepts will be presented in the form of plan view drawings and typical sections. (This task will be completed by Ritland+Kuiper Landscape Architects.) Task 7 - Existing Utility Review. The review of existing utilities in the area will include above -ground utility lines and underground utilities based on field locates and maps supplied by the utility companies in the corridor. Locations of potential conflict with the roadway will be noted. Task 8 - Existing Drainage Review. The drainage review will be a review of drainage problem areas which are identified by the City and will include comments about drainage improvements that could be accommodated in the corridor. This task does not include a detailed review of drainage designs or drainage modeling. Task 9 - Environmental Review. The preliminary design will be reviewed with respect to known environmental conditions within the corridor. If the available environmental data identifies major environmental constraints relative to the preliminary design, these items will be summarized. This task will include reviews to meet the requirements of Iowa DOT SWAP funding. (This task will be completed by Hg Consult, Inc.) Task 10 - Prepare Access Management Plan. Design of access management along La Porte Road will be summarized in an Access Management Plan, which will include a narrative of the recommendations along with typical graphics, where required. Task 11 - Construction and Staging Preliminary Plan. The overall corridor will be evaluated to determine logical packaging and staging of construction projects and to prioritize the areas of greatest need. Task 12 - Preliminary Cost Estimates. Preliminary cost estimates will be developed for the preliminary design. Detailed cost evaluations, such as road -user costs, benefit/cost ratios and life -cycle costs, are not anticipated. Task 13 - Prepare Preliminary Plans. The preliminary plans will be depicted on the base strip maps to indicate the lane configurations, intersection layouts, sidewalk/bikeway locations and other major features. Plan and Profile Sheets of the corridor will also be prepared. Task 14 - Prepare Final Corridor Report. This task includes documentation of the evaluation of the corridor, including preliminary plans. The report is anticipated to include the following information: • Traffic Volumes and Results of Traffic Analysis • Bicycle/Pedestrian Accommodations • Anticipated Right -of -Way Needs (Identification of Affected Properties Only) Page 176 of 277 • Traffic Signal Operations • Roadway and Intersection Configuration, Including Turn Lanes and Traffic Control • Traffic Crash Records and Potential Improvement in Recurring or Critical Types of Crashes (Crashes involving serious injuries or fatalities will be closely reviewed.) • Accommodation of Transit Stops • Major Utility Impacts • Environmental Review • Project Priorities and Potential Staging of Improvements • Preliminary Plans A draft report will be submitted to the City for final review. Task 15 - Final Revisions. This task includes revisions to the draft report after review by City of Waterloo. Task 16 - Final Report. Twenty (20) copies of the final report will be printed and submitted. Public Involvement (SWAP Portion) An ongoing public involvement program is included in this Scope of Services. The public involvement program will consist of the following activities: Task 17 - Stakeholder Survey. This task includes online surveys to identify key stakeholders and group representatives within the corridor. Task 18 - Stakeholder Coordination and Meetings. It is anticipated that stakeholder coordination will include group meetings with stakeholders who have a common interest, such as groups of business representatives in a selected area. In some cases, stakeholder meetings will include one-on-one meetings. This task includes a total of 10 individual or group meetings with stakeholders to be held either on -site or at City Hall. (Portions of this task will be completed by HR Green.) Tasks 19 - Public Informational Meetings. Three (3) public informational meetings will be held, including one meeting shortly after the project kick-off meeting and one meeting at the midpoint of project, prior to the development of preliminary plans. Each meeting will include an overview presentation by the project team, followed by one-on-one discussions with the meeting participants. Comment forms will be distributed, and the returned comment forms will be copied into a meeting summary. Copies of the comment forms will be provided to the Project Management Team. (Portions of this task will be completed by HR Green.) Task 20 - Property Owner Meetings. Consultant will meet with property owners along the corridor to answer questions and obtain input in the project development. A maximum of 20 meetings are included. Task 21 - Website/Social Media Materials. It is anticipated that the project website will be hosted as part of the City of Waterloo website and that materials will be posted to the site by the City of Waterloo webmaster. This task includes providing periodic materials to be posted on the website, including a brief summary of project activities and occasional updates to the website graphics. Updates will be provided to the City approximately every four weeks. A Facebook page will also be created and managed by AECOM. The Public Involvement Tasks shown above are repeated in Tasks 40-44, representing the Local Funding Portion. The staff -hour estimate represents the split in labor efforts for these tasks and associated funding sources. Page 177 of 277 Project Management and Meetings (SWAP Portion) Task 22 - Agency Coordination. This task includes ongoing coordination with Iowa DOT, I N RCOG, FHWA and other regulatory agencies. Task 23 - Subconsultant Coordination. This task includes the coordination, scheduling, correspondence and contract management forthe various subconsultants on the project. Task 24 - Project Management Team (PMT) Meetings. This task includes preparation for and attendance at monthly PMT meetings throughout the duration of the project. A total of 18 PMT meetings are included in this scope. Task 25 - City Presentations. This task includes three Council workshop presentations to the City of Waterloo during development of the project. Upon completion of the preliminary plans, a final presentation will be made to the City of Waterloo. Task 26 - Project Administration. This task includes in-house project management and administrative tasks, including intra-office meetings, subconsultant coordination, filing and other in-house administrative tasks. The Project Management and Meetings Tasks shown above are repeated in Tasks 45-49, representing the Local Funding Portion. The staff -hour estimate represents the split in labor efforts for these tasks and associated funding sources. Division 11— Local Funding Traffic Analysis An analysis of traffic operations will be conducted to determine existing traffic conditions along La Porte Road/Hess Road and to evaluate improvements in the corridor. The following tasks are included: Task 27 - Traffic Counts and Reduction of Data. This task includes twenty-four (24) hour traffic counts taken by Traffic Data, Inc. (TDI), at the following locations: • La Porte Road at End of Slip Ramp • La Porte Road at East Mitchell Avenue • Frontage Road at East Mitchell Avenue • La Porte Road at Bourland Avenue • Frontage Road at Bourland Avenue • La Porte Road at Cornwall Avenue • Frontage Road at Cornwall Avenue • La Porte Road at Lorraine Avenue • La Porte Road at Easton Avenue • La Porte Road at Locke Avenue • La Porte Road at Howard Avenue • La Porte Road at Plymouth Avenue • La Porte Road at East Ridgeway Avenue • La Porte Road at Access Point Just North of East San Marnan Drive (Panera/Taco Bell) • La Porte Road at East San Marnan Drive • La Porte Road at Access Point Just South of East San Marnan Drive (Burger King) • La Porte Road at Bopp Street • La Porte Road at Grimm Street • Hess Road at East Shaulis Road Page 178 of 277 Task 28 - Traffic Crash Reports. This task indudes the collection and review of traffic crash reports and collision diagrams based on the most recent 5-year data available from the Iowa DOT. (Portions of this task will be completed by HR Green.) Task 29 - Develop SYNCHRO Traffic Model. A SYNCHRO traffic model will be set up to evaluate existing corridor, including approximately 22 intersections and selected frontage roads. The existing traffic signal timing and coordination data will be provided by the City of Waterloo. (Portions of this task will be completed by HR Green.) Task 30 - Analyze Existing Traffic. The SYNCHRO model will be used to evaluate existing peak traffic operations in the corridor. Output will include levels of service, queuing and other parameters. (Portions of this task will be completed by HR Green.) Task 31 - Develop Design -Year Traffic Volumes and Turning Movements. The design -year traffic volumes and turning movements will be provided by INRCOG and/or Iowa DOT based on the year 2045 regional model. The forecast traffic volumes will be compared to the actual counts obtained from this project, as well as historical Iowa DOT counts. The design -year traffic forecasts will be adjusted, if necessary, to reflect actual turning movements and trend lines. The traffic analysis will evaluate levels of service, queuing and other traffic operational parameters. (Portions of this task will be completed by HR Green). Task 32 - Evaluate Traffic Signal Warrants. Traffic signal warrants will be evaluated at each major side -road intersection. (Portions of this task will be completed by HR Green.) Task 33 - Traffic Analysis Report. A technical memorandum will be prepared summarizing the findings of the traffic analysis tasks. (Portions of this task will be completed by HR Green). Development of Corridor Alternatives Task 34 - Review Existing and Planned Land Use. This task includes a cursory review of the City's existing and future land -use plans. Areas of possible change in land use, as identified by the City, will be reviewed for consistency with the design characteristics of the La Porte Road/Hess Road corridor. Task 35 - Develop Roadway Alternatives. It is anticipated that the roadway alternatives will include modifications of the typical cross sections and/or improvements at various intersections. The alternatives will include such items as changes in the number of through lanes and turn lanes, recreational trail and/or bikeway locations, access and frontage road modifications, and changes in the traffic signal operation. An adequate number of safe pedestrian and handicap -accessible crossings, including pedestrian signals, will be incorporated. It is anticipated that one or more new alternatives would be developed at each major intersection. Task 36 - Determine Mainline Lane Requirements. Based on a review of the design -year traffic analysis and crash history, the lane requirements at each major intersection and segment of roadway will be determined. Segments of roadway with an excess of existing lanes will be identified, along with areas where additional lanes may be required. (Portions of this task will be completed by HR Green.) Task 37 - Evaluate Access and Frontage Road Characteristics. The location and spacing of existing access points will be evaluated. The frontage road locations and setbacks will also be reviewed. In areas where access points are closely spaced, or where frontage road Page 179 of 277 setbacks are inadequate, potential improvements to the access points and frontage roads will be identified. (Portions of this task will be completed by HR Green.) Task 38 - Review of Typical Sections. The typical sections developed for the corridor will be evaluated for traffic capacity, level of service, delay and other measures of operation. It is anticipated that the following alternatives will be tested under this task: • Modifications to the slip ramp at the north end of the project • Modifications to the US 218/Mitchell Avenue intersection • Changes to 3-, 4- and 5-lane configurations • Alternative intersection configurations at major cross streets, including the possibility of roundabout intersections (Portions of this task will be completed by HR Green.) Task 39 - Prepare Drawings of Corridor Elements. The final alternatives will be depicted on the base strip maps to indicate changes in the lane configurations, intersection layouts, sidewalk/bikeway locations and other major features. Public Involvement (Local Portion) An ongoing public involvement program is included in this Scope of Services. The public involvement program will consist of the following activities: Task 40 - Stakeholder Survey. This task includes online surveys to identify key stakeholders and group representatives within the corridor. Task 41 - Stakeholder Coordination and Meetings. It is anticipated that stakeholder coordination will include group meetings with stakeholders who have a common interest, such as groups of business representatives in a selected area. In some cases, stakeholder meetings will include one-on-one meetings. This task includes a total of 10 individual or group meetings with stakeholders to be held either on -site or at City Hall. (Portions of this task will be completed by HR Green.) Tasks 42 - Public Informational Meetings. Three (3) public informational meetings will be held, including one meeting shortly after the project kick-off meeting and one meeting at the midpoint of project, prior to the development of preliminary plans. Each meeting will include an overview presentation by the project team, followed by one-on-one discussions with the meeting participants. Comment forms will be distributed, and the returned comment forms will be copied into a meeting summary. Copies of the comment forms will be provided to the Project Management Team. (Portions of this task will be completed by HR Green.) Task 43 - Property Owner Meetings. Consultant will meet with property owners along the corridor to answer questions and obtain input in the project development. A maximum of 20 meetings are included. Task 44 - Website/Social Media Materials. It is anticipated that the project website will be hosted as part of the City of Waterloo website and that materials will be posted to the site by the City of Waterloo webmaster. This task includes providing periodic materials to be posted on the website, including a brief summary of project activities and occasional updates to the website graphics. Updates will be provided to the City approximately every four weeks. A Facebook page will also be created and managed by AECOM. Page 180 of 277 Project Management and Meetings (Local Portion) Task 45 - Agency Coordination. This task includes ongoing coordination with Iowa DOT, INRCOG, FHWA and other regulatory agencies. Task 46 - Subconsultant Coordination. This task includes the coordination, scheduling, correspondence and contract management forthe various subconsultants on the project. Task 47 - Project Management Team (PMT) Meetings. This task includes preparation for and attendance at monthly PMT meetings throughout the duration of the project. A total of 18 PMT meetings are included in this scope. Task 48 - City Presentations. This task includes three Council workshop presentations to the City of Waterloo during development of the project. Upon completion of the preliminary plans, a final presentation will be made to the City of Waterloo. Task 49 - Project Administration. This task includes in-house project management and administrative tasks, including intra-office meetings, subconsultant coordination, filing and other in-house administrative tasks. PHASE II - FINAL DESIGN The scope for final design services will be determined at the time the services are needed and defined under a future amendment to this agreement. PHASE III - CONSTRUCTION -RELATED SERVICES The scope for construction -related services will be determined at the time the services are needed and defined under a future amendment to this agreement. O:\Administration\AGREE\PROF\WAT La Porte Rd Hess Rd Corridor Impr Ph I.doc Page 181 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa COST ANALYSIS - Division I - SWAP I. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount 1.1 Senior Professional 32 $89.55 $2,865.60 2.2 Project Professional 425 $66.41 $28,224.25 2.5 Project Professional 283 $55.97 $15,839.51 3.2 Staff Professional 72 $51.75 $3,726.00 3.5 Staff Professional 48 $47.95 $2,301.60 4.3 Professional 246 $29.82 $7,335.72 5.1 CADD Operator II 138 $40.78 $5,627.64 6.1 CADD Operator I 138 $28.95 $3,995.10 7.2 Senior Technician 184 $39.20 $7,212.80 8.4 Technician 192 $25.79 $4,951.68 9.2 Project Support 142 $31.80 $4,515.60 $86,595.50 1900 II. Payroll Burden and Overhead Provisional Costs 133.02% $115,189.33 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 2000 0.58 1,160.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 6000 0.06 360.00 Color Copies 9600 0.22 2,112.00 EDM Equipment 100 12.50 1,250.00 GPS Equipment 100 25.00 2,500.00 Miscellaneous, Other 2,400.00 $9,782.00 IV. AECOM Estimated Actual Costs $211,566.83 Rounded $211,600.00 V. Subcontract Expense HR Green $32,500.00 HG Consultants $39,300.00 RKLA $22,300.00 $94,100.00 VI. Estimated Actual Costs $305,700.00 VII. Fixed Fee (13%) $26,232.03 Rounded $26,200.00 VIII. Contingency (10%) $21,160.00 Rounded $24,100.00 AECOM $21,200.00 HR Green $2,900.00 IX. Maximum Amount Payable $356,000.00 Page 182 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa COST ANALYSIS - Division II - LOCAL I. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount 1.1 Senior Professional 8 $89.55 $716.40 2.2 Project Professional 155 $66.41 $10,293.55 2.5 Project Professional 103 $55.97 $5,764.91 3.2 Staff Professional 30 $51.75 $1,552.50 3.5 Staff Professional 18 $47.95 $863.10 4.3 Professional 86 $29.82 $2,564.52 5.1 CADD Operator II 68 $40.78 $2,773.04 6.1 CADD Operator I 68 $28.95 $1,968.60 7.2 Senior Technician 0 $39.20 $0.00 8.4 Technician 0 $25.79 $0.00 9.2 Project Support 60 $31.80 $1,908.00 $28,404.62 596 II. Payroll Burden and Overhead Provisional Costs 133.02% $37,783.83 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 500 0.58 290.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 1500 0.06 90.00 Color Copies 2400 0.22 528.00 EDM Equipment 0 12.50 0.00 GPS Equipment 0 25.00 0.00 Miscellaneous, Other 600.00 $1,508.00 IV. AECOM Estimated Actual Costs $67,696.45 Rounded $67,700.00 V. Subcontract Expense HR Green $79,900.00 HG Consultants $5,500.00 RKLA $7,300.00 $92,700.00 VI. Estimated Actual Costs $160,400.00 VII. Fixed Fee (13%) $8,604.50 Rounded $8,600.00 VIII. Contingency (10%) $6,770.00 Rounded $12,300.00 AECOM $6,800.00 HR Green $5,500.00 IX. Maximum Amount Payable $181,300.00 Page 183 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa AECOM Technical Services, Inc. Staff Hour Estimate Description of Work Senior Prof Project Prof Staff Prof Prof CADD Op II CADD Op Senior Technician Technician Project Support Total Division 1- SWAP Funding 1 Topographical Survey PRELIMINARY DESIGN �REPORT AND PRELIMIN ARY PLANDEVELOPMENT. 3 Complete Streets 4 Transit Alternatives 5 Sidewalk/Recreational Trail 6 Corridor Enhancement (RKLA) 7 Existing Utility Review 8 Existing Drainage Review 9 Environmental Review (Hg Consult) 10 Prepare Access Management Plan 11 Construction Staging Preliminary Plan 12 Preliminary Cost Estimates 13 Prepare preliminary plans 14 Prepare Final Corridor Report 15 Final Revisions 16 Final Report 17 Stakeholder Survey 18 Stakeholder Coordination and Meetings 19 Public Informational Meetings (One Meeting Local) 20, Property„Owner, Meetings,,,,,,,,,,,,,,,,,,,,,,,, 21 Website/Social Media Materials PROJECT,MANAGEMENTANOMEETIN6S ,,,,,,,,,,,,, 22 Agency Coordination 23 Subconsultant Coordination 24 Protect Management Team (PMT) Meet ngs 25 City Presentations 26 Protect Administration division SWAP Funding 7' 6 4 14 4 4 32 64 12 24 12 32 32 20 20 40 16 76 20 30 12 38 38 38 12 20 100 20 20 768. 32 16 40 8, 4 4 10 6 8:: 8 8 8 16 16 32 32 32 16 16 22 12 12 246 40 8 6 12 12 12 40 8 40 6 12 12 12 40 184 192 192 40 6 20 20 32 142 440 92 48.; 32 64 0 64 64 0 36 36 88 168 156 40 74 12.: 38 76 54 12 18 20 152 60 56 1,900 Division 1I - LOCAL Funding 27 Traffic Counts and Reduction of Data (HR GREEN) 28 Traffic Crash Reports (HR GREEN) 29 Develop SYNCHRO Model (HR GREEN) 30 Analyze Existing Traffic (HR GREEN) 31 Develop Design Year Traffic Volumes and Turning Movements (HR GREEN) 32 Evaluate Traffic Signal Warants (HR GREEN) 33 Traffic Analysis Report (HR GREEN) .DEVELOPM, f RIDORALT, ,,, HNT OF CD �RNATIVEB 34 Review Existing and Planned Land Use 35 Develop Roadway Alternatives 36 Determine Mainline Lane Requirements (HR GREEN) 37 Evaluate Access/Frontage Roads (HR GREEN) 38 Review of Typical Sections (HR GREEN) 39 Prepare Drawings of Corridor Elements 40 Stakeholder Survey 41 Stakeholder Coordination and Meetings 42 Public Informational Meetings (One Meeting Local) 43 Property Owner Meetings 44 Website/Social Media Materials PROJECT„MANADEMENTANOMEETIN6S 45 Agency Coordination 46 Subconsultant Coordination 47 Project Management Team (PMT) Meet ngs 48 City Presentations 49 Project Administration .... 2 28 24 20 28 28 40 4 4 10 18 10 4 4 26 4 4 24 6 6 8 8 12 12 12 16. 10 4 4 8 2 8 6 8 8 12 8 8 8 16 40 2 4 6 8 60, 0 0 0 0 0 0 84 48 76 56 56 68 68 4 10 36 14.. 2 6 4 40 12 12 5g9; TOTAL HOURS 40 966 168 332 206 206 184 192 202 2,496 Page 184 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa HR Green COST ANALYSIS - Division I - SWAP I. Direct Labor Cost Category Hours Rate/Hour Amount PIC 1 $120.19 $120.19 Operations Director 1 $91.98 $91.98 Regional Director 0 $70.98 $0.00 Project Manager 134 $63.43 $8,499.62 Lead Engineer 14 $54.74 $766.36 Project Engineer 3 $36.72 $110.16 Staff Engineer 3 $30.50 $91.50 Admin. Assist. 13 $28.05 $364.65 $10,044.46 169 II. Payroll Burden and Overhead Costs 167.79% $16,853.60 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 0 0.58 0.00 Misc 1 2,370.00 Subconsultant 0 0.00 $2,370.00 IV. Estimated Actual Costs (1+11+111) $29,268.06 Rounded $29,300.00 V. Fixed Fee (12%) $3,227.77 Rounded $3,200.00 VI. Contingency (10%) $2,926.81 Rounded $2,900.00 VII. Maximum Amount Payable (IV+V+VI) $35,400.00 Page 185 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa I. Direct Labor Cost Category PIC Operations Director Regional Director Project Manager Lead Engineer Project Engineer Staff Engineer Admin. Assist. HR Green COST ANALYSIS - Division II - LOCAL Hours Rate/Hour 0 $120.19 0 $91.98 1 $70.98 60 $63.43 48 $54.74 95 $36.72 341 $30.50 8 $28.05 553 Payroll Burden and Overhead Costs Direct Project Expenses Category Mileage Misc Subconsultant Estimated Actual Costs (1+11+111) Fixed Fee (12%) Contingency (10%) Units Rate/Unit VII. Maximum Amount Payable (IV+V+VI) 0 0.58 1 1 Amount $0.00 $0.00 $70.98 $3,805.80 $2,627.52 $3,488.40 $10,400.50 $224.40 167.79% Amount 0.00 0.00 18,112.00 Rounded $6,625.42 Rounded $5,521.19 Rounded $20,617.60 $34,594.27 $18,112.00 $73,323.87 $73,300.00 $6,600.00 $5,500.00 $85,400.00 Page 186 of 277 La Parte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa HR Green Staff Hour Estimate Description of Work PIC Operations Director Regional Director Project Manager Lead Engineer Project Engineer Staff Engineer Admin. Assist. Total Division I - SWAP Funding 1 Topographical Survey 2 Base Mapping .,:,.PRELIMINARYDESION. REPORT AND PREUMINAI Y PLAN. DEVELOPMENT,,, 3 Complete Streets ......... 4 Transit Alternatives.... ......... ......... ......... ......... ............... 5 Sidewalk/Recreational Trail 6 Corridor Enhancement (RKLA) 7 Existing Utility Review 8 Existing Drainage Review 9 Environmental Review (Hy Consult) 10 Prepare Access Management Plan 11 Construction Staging Preliminary Plan ,.,.,., 12 Preliminary Cost Estimates ,.,.,.,., .,.,.,.,. .,.,.,.,. .,.,.,.,. ............... 13 Prepare Preliminary plans 14 Prepare Final Corridor Report 15 Final Revisions 16 Final Report PUBLICINVOLVEMEN? 17 Stakeholder Survey 18 Stakeholder Coordination and Meetings 19 Public Informational Meetings (One Meeting, Local) 20 Property Owner Meetings 21 Website/Social Media Materials 22 Agency Coordination 23 Subconsultant Coordination 24 Project Management Team (PMT) Meetings, 25 City Presentations 26 Project Administration "on L- SWAP Funding - Total .,. ,.. 1 24 20 48 42 134, 14 14 3 3 13 0 0 24 20 a O 0 0 48 0 77 169, Division II - LOCAL Funding 27 Traffic Counts and Reduction of Data (HR GREEN) 28 Traffic Crash Reports (HR GREEN) 29 Develop SYNCHRO Model (HR GREEN) 30 Analyze Existing Traffic (HR GREEN) 31 Develop Design Year Traffic Volumes and Turning Movements (HR GREEN) 32 Evaluate Traffic Signal Warants (HR GREEN) 33 Traffic Analysis Report (HR GREEN) DEVELC' MENTOR CORRIDORIAL`yERNATIVES 34 Review Existing and Planned Land Use ........ 35 Develop Roadway Alternatives 36 Determine Mainline Lane Requirements (HR GREEN) 37 Evaluate Access/Frontage Roads (HR GREEN) 38 Review of Typical Sections (HR GREEN) 39 Prepare Drawings of Corridor Elements 40 Stakeholder Survey 41 Stakeholder Coordination and Meetings 42 Public Informational Meetings (One Meeting Local) 43 Property Owner Meetings 44 Website/Social Media Materials 45 Agency Coordination 46 Subconsultant Coordination 47 Project Management Team (PMT) Meetings 48 City Presentations 49 Project Administration Division ll -:,LOCAL Funding- rotal, 1 1 4 4 1 3 1 1 2 3 6 10 2 8 8 2 6 2 4 2 4 6 4 4 16 24 2 8 4 16 4 4 12 24 72 64 16 48 12 24 16 24 40 1 0 0 0 0 0 0 4 31 100 100 21. 65 19 50 0 23 34 61 0 0 6 10 0 4. 0 12 0 21 TOTAL HOURS 1 1 1 194 62 98 344 21 722 Page 187 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa HG Consult Inc. COST ANALYSIS - Division I - SWAP Funding I. Direct Labor Cost Category Hours Rate/Hour Amount Principal 28 $72.12 $2,019.36 Project Manager 133 $54.90 $7,301.70 Planner/Eng I 67 $60.00 $4,020.00 228 $13,341.06 II. Payroll Burden and Overhead Costs 156.74% $20,910.78 III. Direct Project Expenses Category Units Rate/Unit Amount Travel (Vehicle Mileage) 1500 0.58 870.00 Travel (Air) Hotel Meals Plotting Reproduction and Printing 50.00 Equipment Charges IV. Estimated Actual Costs (1+11+111) V. Fixed Fee (12%) VI. Contingency (0%) VII. Maximum Amount Payable (IV+V+VI) Rounded $4,110.22 Rounded $920.00 $35,171.84 $35,200.00 $4,100.00 $0.00 $39,300.00 Page 188 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa HG Consult Inc. COST ANALYSIS - Division II - LOCAL Funding I. Direct Labor Cost Category Hours Rate/Hour Amount Principal 8 $72.12 $576.96 Project Manager 23 $54.90 $1,262.70 Planner/Eng I 1 $60.00 $60.00 $1,899.66 32 II. Payroll Burden and Overhead Costs 156.74% $2,977.53 III. Direct Project Expenses Category Units Rate/Unit Amount Travel (Vehicle Mileage) 0 0.58 0.00 Travel (Air) Hotel Meals Plotting Reproduction and Printing Equipment Charges $0.00 IV. Estimated Actual Costs (1+11+111) $4,877.19 Rounded $4,900.00 V. Fixed Fee (12%) $585.26 Rounded $600.00 VI. Contingency (0%) $0.00 VII. Maximum Amount Payable (IV+V+VI) $5,500.00 Page 189 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa HG Consult Inc. Staff Hour Estimate Task No Description of Work Principal Project Manager Planner/ Engineer I Total Division 1- SWAP Funding 9 Environmental Review 2 46 64 112 18 Stakeholder Coordination and Meetings 24 24 19 Public Informational Meetings (One Meeting Local) 8 8 22 Agency Coordination 3 3 6 24 Project Management Team (PMT) Meetings 6 40 46 26 Project Administration 20 12 32 Division 1- SWAP Funding - Total 28 133 67 228 Division 11- LOCAL Funding 41 Stakeholder Coordination and Meetin s 6 6 42 Public Informational Meetings (One Meeting Local) 4 4 45 Agency Coordination 1 1 ......... 2......... 47 Project Management Team PMT Meetin s 2 10 12 49 Project Administration 6..... 2 8......... .. .... . DivPsiv II - ()CAL Funding - To ....: 23 1 2 TOTAL HOURS 36 156 68 260 Page 190 of 277 La Porte Road/Hess Road - Mitchell Avenue to Shaulis Road Phase 1 - Preliminary Design City of Waterloo, Iowa RKLA Staff Hour Estimate and Cost Analysis - Division I and Division II Task No. Description of Work Senior LA 1 Senior LA 2 Landscape Architect Total Division 1- SWAP Funding 3 Complete Streets 4 12 12 28 5 Sidewalk/Recreational Trail 2 2 2 6 6 Corridor Enhancement 16 16 48 80 12 Preliminary Cost Estimates 4 8 12 14 Prepare Final Corridor Report 4 8 12 15 Final Revisions 16 16 18 StakeholderCoordmahon and Meetings 2 6 20 28 19 Public Informational Meetings 8 8 16 24 PMT Meetings......... ......._6 ......... 6 .......... 12 25 City Presentations 2 3 5 26,,,,, Project Administration .......10 ......... 10 ......... 20 D1vis/on / SWAPunr1n i = Total 24... 70 ....... 141 ....... Division II - LOCAL Funding 34 Review Existing and Planned Land Use 2 2 2 6 35 Develop Roadway Alternatives 2 2 2 6 39 Prepare Drawings of Corridor Elements 8 8 24 40 41 Stakeholder Coordination and Meetings 2 4 6 42 Public Informational Meetings (One Meeting Local) 4 4 8 47 PMT Meetings......... ......._2 ......... 2 .......... 4 48 City Presentations ......... 1 ......... 1 49Project Administration ........2 ......... 2 ......... 4 Division 11;- LOCAL Funding - Total 12 r 22 41. 75 TOTAL HOURS 36 92 182 310 D AP Funding SWAP Hours Hourly Rate Estimated Expenses Direct Expense Costs Estimated Actual Costs Contingency (0%) - Rounded Maximum Amount Payable (Rounded) Division I/- LOCAL.Funding - Total Local Hours Hourly Rate Direct Labor Amount Estimated Expenses Direct Expense Costs 24 $125.00 $3,000.00 $0.00 Rounded 12 $125.00 $1,500.00 $0.00 70 $125.00 $8,750.00 22 $125.00 $2,750.00 141 $75.00 $10,575.00 41 $75.00 $3,075.00 $22,325.00 $0.00 $22,325.00 $22,300.00 $0.00 $22,300.00 $7,325.00 $0.00 Estimated Actual Costs $7,325.00 Rounded $7,300.00 Contingency (0%) - Rounded $0.00 Maximum Amount Payable (Rounded) $7,300.00 Page 191 of 277 CITY OF WATERLOO Council Communication Resolution approving an Encroachment Agreement with Farmers State Bank, f/k/a Liberty Bank, F.S.B., dated December 5, 2011, to make changes to an existing 12 foot 10 inch x 18 foot monument sign in the City right- of-way, in the median of Nicki Street, north of 131 Tower Park Drive, and authorizing the Mayor and City Clerk to execute said document and rescinding Resolution No. 2019-609. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department ➢).k r nar➢ax &.. or➢'i ng Clerk Office ATTACHMENTS: Description D Staff Repoli:. D Aerial. Map DOverview :r D .P net➢:p➢..e D i r➢ed. Aunende D Application SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aric p^;vent, p..eAnnrn Action Approved. A pp roved. Type (.'over \4erro (.I.ov6 r Mc.nrn� M ern an M e.iriu it Agee]] a:°Material roaf°�➢r➢:Hell"lit A p,x,Inent Date 110/22,3/2039 ... i i:03 A.C14 p 0/23/2,0 p 9 A.M Resolution approving an Encroachment Agreement with Farmers State Bank, f/k/a Liberty Bank, F.S.B., dated December 5, 2011, to make changes to an existing 12 foot 10 inch x 18 foot monument sign in the City right-of- way, in the median of Nicki Street, north of 131 Tower Park Drive, and authorizing the Mayor and City Clerk to execute said document and rescinding Resolution No. 2019-609. Submitted By: Noel Anderson, Community Planning and Development Director Approval The applicant is proposing to remove the existing 12' 10" x 18' monument sign and replace it with a new 17' 3" X 9 5" monument sign with electronic messaging on a new 10' base with a total height of 19' 5", the proposed sign will be 6' 7" taller than the existing sign. The request would not appear to have a negative impact on traffic or pedestrian conditions in the area as the sign would not impede visibility of traffic along San Marnan Drive or for traffic entering onto San Marnan from Nicki Street. There are no sidewalks located within this area. The sign will be placed approximately 70' from the southern edge of San Marnan Drive allowing for ample sight visibility for those traveling along San Marnan east bound or for traffic entering onto San Marnan from Nicki Page 192 of 277 Summary Statement: Street. The sign has been in place since October of 2011, and staff has not received any complaints relating to issues with visibility, therefore, staff feels that increasing the height to 19' 5" will not create any issues with visibility. Therefore, staff recommends that the request to amend the encroachment agreement to allow for the construction of a new 17' 3" X 9 5" monument sign with electronic messaging on a new 10' base with a total height of 19' 5", for the following reasons. 1. The request would not appear to have a negative impact on the traffic conditions in the area. 2. And subject to: A signed and executed Encroachment Agreement that enables the City of Waterloo to terminate the agreement and right to remove sign in the event the area is needed for street or utility purposes. P lease see the attached Encroachment Agreement signed by the applicant. The Planning and Zoning Commission unanimously approved the encroachment agreement amendment request at a regular meeting on July 23, 2019. The request was previously approved by Resolution No. 2019-609, but is being rescinded and reapproved to allow for changes in how electrical will serve the sign. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 1.3: Implement a comprehensive business retention and expansion program. Alternative: N/A Background Information: N/A Parcel 1: That part of Tract A, Tower Park, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northwest corner of Northeast Quarter of the Northeast Quarter (NE1/4 NE'/4) of Section Nine (9), Township Eighty-eight (88) North, Range Thirteen (13) West of the 5th P.M., Black Hawk County, Iowa; thence South 00 degrees 26 minutes 14 seconds East, along the West line of said Northeast Quarter of the Northeast Quarter, 63.43 feet to the South right-of-way line of West San Marnan Drive; thence South 89 degrees 03 minutes 48 seconds East, along said South right-of-way line, 1,207.00 feet to the West right- of-way line of Kimball Avenue; thence South 18 degrees 02 minutes 49 seconds East, along said West right-of-way line, Page 193 of 277 Legal Descriptions: 159.44 feet; thence South 00 degrees 28 minutes 22 seconds East, along said West right-of-way line, 154.27 feet; thence North 89 degrees 31 minutes 38 seconds East, along said West right-of-way line, 10.00 feet; thence South 00 degrees 28 minutes 22 seconds East, along said West right-of-way line, 29.20 feet; thence South 89 degrees 33 minutes 46 seconds West, 60.00 feet; thence Northwesterly along a curve concave Northeasterly, having a radius of 284.80 feet, a distance of 123.88 feet; thence South 00 degrees 26 minutes 14 seconds East, 176.52 feet; thence South 89 degrees 33 minutes 46 seconds West, 60.00 feet; thence South 41 degrees 49 minutes 27 seconds West 423.78 feet to the point of beginning; thence North 45 degrees 26 minutes 14 seconds West, 324 feet; thence North 00 degrees 26 minutes 14 seconds West, 90.51 feet; thence North 45 degrees 26 minutes 14 seconds West, 52.00 feet; thence Westerly along a curve concave Southerly, having a radius of 64.00 feet, a distance of 100.53 feet; thence North 45 degrees 26 minutes 14 seconds West, 161.00 feet; thence Northeasterly along a nontangent curve concave Southeasterly, having a radius of 665.00 feet and a long chord bearing North 67 degrees 03 minutes 47 seconds East, a distance of 522.29 feet; thence South 00 degrees 26 minutes 14 seconds East, 374.75 feet; thence North 89 degrees 31 minutes 19 seconds East, 24.75 feet; thence South 00 degrees 28 minutes 41 seconds East, 24.20 feet; thence South 89 degrees 31 minutes 19 seconds West, 24.77 feet; thence South 00 degrees 26 minutes 14 seconds East, 266.05 feet to the point of beginning. P arc el2: A parcel of land located in the Northeast Quarter of the Northeast Quarter (NE'/4 NE1/4) of Section Nine (9), Township Eighty-eight (88) North, Range Thirteen (13) West of the Fifth Principal Meridian and part of Tract A, Tower Park, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of said Tract A; thence North 00 degrees 26 minutes 14 seconds West a distance of 266.05 feet; thence North 89 degrees 31 minutes 19 seconds East a distance of 24.77 feet; thence North 00 degrees 28 minutes 41 seconds West a distance of 24.20 feet; thence South 89 degrees 31 minutes 19 seconds West a distance of 24.75 feet; thence North 00 degrees 26 minutes 14 seconds West a distance of 374.75 feet to the Southerly right- of-way line of Tower Park Drive; thence Easterly on said Southerly right-of-way on a non -tangent curve concave Southerly having a radius of 665.00 feet and a long chord bearing South 87 degrees 25 minutes 22 seconds East a distance of 69.97 feet; thence Southeasterly on a curve concave Southwesterly having a radius of 263.72 feet and Page 194 of 277 long chord bearing South 62 degrees 12 minutes 15 seconds East a distance of 204.40 feet; thence Southeasterly on a curve concave Northeasterly having a radius of 284.80 feet and long chord bearing South 52 degrees 45 minutes 27 seconds East a distance of 126.83 feet; thence Southeasterly on a curve concave Northeasterly having a radius of 284.80 feet and long chord bearing South 67 degrees 58 minutes 45 seconds East a distance of 24.50 feet; thence South 19 degrees 33 minutes 24 seconds West a distance of 51.57 feet; thence South 00 degrees 26 minutes 14 seconds East a distance of 150.31 feet; thence South 50 degrees 42 minutes 06 seconds West a distance of 449.48 feet to the point of beginning. Note: The West line of the Northeast Quarter of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, is assumed to bear South 00 degrees 26 minutes 14 seconds East. Black Hawk County, Iowa Note: Parcel designations are for convenience of reference only and do not constitute an Integral part of the legal description; Page 195 of 277 October 28, 2019 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO Request by Farmers State Bank to amend an existing encroachment agreement to make changes to an existing 12' 10" x 18' monument sign in the City Right -of -Way, in the median of Nicki Street, at North of 131 Tower Park Drive. Farmers State Bank, 131 Tower Park Drive, Waterloo, IA, 50701 The applicant is proposing to remove the existing 12' 10" x 18' monument sign and replace it with a new 17' 3" X 9 5" monument sign with electronic messaging on a new 10' base with a total height of 19' 5", the proposed sign will be 6' 7" taller than the existing sign. The request would not appear to have a negative impact on the surrounding area as the location of the sign would blend in with the surrounding commercial properties. The request would not appear to have a negative impact on traffic or pedestrian conditions in the area as the sign would not impede visibility of traffic along San Marnan Drive or for traffic entering onto San Marnan from Nicki Street. There are no sidewalks located within this area. There are no trails near the site in question. The property in question is zoned "C-2,C-Z"" Conditional Commercial District, and has been zoned as such since July 23, 1987. The Tower Park building 1 was built in 1990 and Tower Park building 2 was built in 1995. No buffers or additional screening would be needed with this request. The request would not appear to have an impact on drainage in the area. This proposed sign is not located in any floodplain designations as indicated by the Federal Insurance Flood Insurance Rate Maps that took effect July 18, 2011. There are no public/open spaces in the immediate area. Hoover Middle School is located 3,000 feet to northwest and West High is located a mile to the northeast of the project site. No utilities are known to exist within the area of the proposed encroachment. The property is located in an area shown on the Future Land Use 8-12-19 131 Tower Park Drive Sign in Easement Encroachment Agreement.doc PDDEP19fgof 277 October 28, 2019 COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Map as Commercial. The proposed encroachment is located within the Primary Growth Area as defined by the Comprehensive Plan. The sign will be placed approximately 70' from the southern edge of San Marnan Drive allowing for ample sight visibility for those traveling along San Marnan east bound or for traffic entering onto San Marnan from Nicki Street. The sign has been in place since October of 2011, and staff has not received any complaints relating to issues with visibility, therefore, staff feels that increasing the height to 19' 5" will not create any issues with visibility. The Planning and Zoning Commission unanimously approved the encroachment agreement amendment request at a special meeting on July 23, 2019. There is no platting required for this request. Therefore, staff recommends that the request to amend the encroachment agreement to allow for the construction of a new 17' 3" X 9 5" monument sign with electronic messaging on a new 10' base with a total height of 19' 5", for the following reasons. 1. The request would not appear to have a negative impact on the traffic conditions in the area. And subject to: 2. A signed and executed Encroachment Agreement that enables the City of Waterloo to terminate the agreement and right to remove sign in the event the area is needed for street or utility purposes. 8-12-19 131 Tower Park Drive Sign in Easement Encroachment Agreement.doc PDDEP 497 of 277 City of Waterloo City Council October 28, 2019 ,✓i/yii %lrrl`�'iirt "TO rr Area of Proposed Sign Encroachment Yrr'✓%/✓cyflOP^ jr li /SIIIiGl/%i%V%%aW/%J)7 �������V�VV IYI� Ij�lU�rNIIIIP��I�a� �IBIIONo�� Y�Vp�f�ri'dA 91 ' IIYi li l�o.�,.l.�„gV'ul 11I"q'"II'Xia','ll, DVS„ /(p� uu 11,11 "Mmn'�Ddld,(1)i.t. N °'„H,„��"1 �IIIIIII uw�.... 111,„I, V „„„ 7IIII ,1111„„„„„ ou puVlVl iuu „ 9i„jl l//111 k ,44'{ N e" N11III011IM 11"Iry NIIIp1,1IIIIIIIRmI11111V1 1NVll d ��III'�,irh 11�� i"oiW „�II "'' I d . rdn Pl Vx�aJ�ti D ilGV °"r"L 'aFn"; 'w�yrrr�iar „ r rt rr „ f !/r/ r r I! 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I r // r / fir ; /r IL / e / Dy rlr i / if r';, / r / / J /r ri / I aGl'�� �j1/ ✓ r r Mri I101II 'M;mu II III III IIIIII II I � /j`VI z it 8�� hill 11 ''1 yilll;' fit /Ylr1w7/c, ,JnJJlJrY 1'1" /rr IrI/ 131 Tower Park Drive Encroachment Agreement Farmers State Bank Page 198 of 277 City of Waterloo City Council October 28, 2019 A R-41 ER DR n 2 T� W J J w 0) O cc CC 0 U ""'"'MEADOW LN- O LYNKAYLE SUNRISE BLV R-13,R-P u � I 'RAIRIE MEADOW CT m co -HILLTOP RD o ce w r °° GLENCOE'AVF WENDY RD OLYMPIC DR O R-4,R-P = mTOWER PARK'DR C-P C-P B-P NANCY RD LYNDA RD o R-2 III C-1 ti "W SAN MARNA C-2,C-Z WINN ST- - RAPIDS SQ S q J , aF'- \ EDGEMO �."AVE o�'i c��� �P� w w AqS,�� R-2,C=Z O 5 w��� u] O • > a ▪ Elj _,,,,,,,,,,Z Q W L 5o z Q 01 c zt- � w u w ter` R-3 " R-4- BROOKER104.4 R-3 1 R-4 R-4 J�HBROOKE DR- UDR-- O z =1C-Z p� co E SAN MARNAN DR,,,, .-E TOWER PARK DR ._,.,,,,,- m C-2 ANDERSON DR A-1 rIPOI 131 Tower Park Drive Encroachment Agreement Farmers State Bank Page 199 of 277 mm ua,�muulul II Encroachment Agreement — 131 Tower Park Drive Existing Sign IIII III1iwIPoXIPo11NIioI��Xii y ui^P,lIyII.i,vl 91ow, m x 1Id441l 1 w 1.1 IIII �p I I��IIUII VIIII • Our,, �, 'li IIIIII11111111111111111111111110111011101 1111,1,11 I'I^II 1��5'�i1�111��j11� 11111 1111II II� INII uI 1l vl111Ilil 11111111111111111 N Bi 1 II l Il II l I lliiiii IiiI11111 IIIIII VI {fp�;IjVI d, p1:1 ulnm'Vilip'I'i.1):,li11IO1411dIPllltll I,,;iiililuUlV, 131 Tower Park Drive , ��II 1��w �' gull.,, I1VII11r vim i �iVuVuV1'00iii II�I�oininininium I .�i �"Iilvl�'NM,N�I1I�Iluli lrl�o�Jvd���iVlllu Vl �iU r f �o�IlNlllfl P��Iliiiliiiiii%,idliuliiiiiliilill I) IMF IIIIIIIIIII1�1 IIII II, Looking at the sign with San Marnan Drive in the background. luddlll"umw 111,11 'plpouuplw1oorlooi IIIIII ,I I11luiuiulYl"iu liu al�hh 1111 u� .11.1.1.11111111111111111111 1111nrll1� m�mnlllml11111""n11 �llll9�.�Ivolmvvo Illu!p �IIIIIIIi,I I�pIIuIpI�I olil 41110 moil; %°rrjAic Looking south on Nicki Avenue toward the sign and 131 Tower Park Drive. Page 200 of 277 '00111 pno ru ilr�4um ,mi , lam;' it id�VIYl.11 I'� �Id1 of Il IwIW�ivgmu 111111111111111111111111111111111111111111111 Illlllll � �miu11 1111111111111111111111111111111111111111111111111111111111111111111110000000 �1111111111111 11i Iallr mmmmmm Looking west along San Marnan Drive, the sign is to the left of the picture. Illpr.,l il„ iiP Looking east along San Marnan Drive 1111111111 111 IVhIIII IIIIIImmIVI IIIdlili"IVhlllll lidl llli ouVu uollll 11111i iimmill101110ll IIIiIIIII11111101111i1i11 III11.0j rill MM ^^yyyy ryry�Ip p II IV��II!Ipl uI r"",I�gg II11 11111VII IIIIIIIIIIIII11IIIlllill;,:1'111 ��'°mill 115ti1�ryy4 uI11��I��I'^11 �Inl�l m�fllnlll?II;IiIYYIIIIU�IIIIIIIYIp�lll�l'lull I!r IlfiiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillll 111l ,,,,,, „„„ Nicki Street. „N„.a ijammoolow»NNOW III111111III1Vj111111 1111111 IIIII��.. �O��Flluml V�n pp�uuu uuVUO,�,. wall!"yy"nm 1111111IIIIIIIIVI�IIIIIIIIIIIII�iIulVliilililuM1liuiuilu iMiYB�uuiiiNl aIIN11,1Ih��liVi1YI�IIIIIIGill14"I{��IINI11111111111111111 '�II��uJr 41111111�I !�y�111 Il��llf��1�"°illl�l�'i111��w�INq U11191Vflllu°jp uoiµ,�p IIIIII I���I� G 111 m�;lp 1111IId11��1111111111111uuuuuuuu11111111h11n1llllu li iiiiiiil l I II 111IIIIIII Looking southwest from San Marnan Drive. Page 201 of 277 ENCROACHMENT AGREEMENT Prepared by: David R. Mason, 415 Clay St., Cedar Falls, IA 50613 (319) 277-6830 THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into by and between Liberty B71(AF.S.B., herqafter "Liberty Bank", and the City of Waterloo, Iowa, hereinafter "City", this (. div-day of ,I)R,c,14,f9e4-- , 2011. WHEREAS, Liberty Bank is the owner of real estate commonly known as 131 and 201 Tower Park Drive, Waterloo, Iowa 50701 and legally described in attached Exhibit "A", hereinafter "Liberty Bank Property"; and WHEREAS, Nicki Street is a dedicated street owned by the City providing access to the Liberty Bank Property from San Maman Drive, and WHEREAS, Nicki Street has a median that divides its north and southbound lanes (the "Median"), which Median is also owned by the City; and WHEREAS, Liberty Bank is requesting to construct, use and maintain on the Median an illuminated, two-sided monument sign a maximum of eight feet high and 18 feet long with tenant panels and channel letters in a configuration similar to the design shown in attached Exhibit "B" (the "Sign"), and in the location as shown on the site plan attached as Exhibit "C"; and WHEREAS, construction and use of the Sign would include furnishing electrical power to the Median by way of an underground boring from Liberty Bank's property to the Median as shown on the site plan attached as Exhibit "C", said electrical line to be owned and maintained by MidAmerican Energy, or its successors or assigns; and WHEREAS, the City is willing to allow the construction, use and maintenance of the Sign on the Median, which constitutes an encroachment on City property, subject to the following Agreement describing the rights and obligations of each party. THEREFORE, IT IS HEREBY AGREED by the parties as follows: 1. Affirmation. Liberty Bank hereby recognizes and affirms that Nicki Street and the Median are City property. Liberty Bank claims no rights in or to the City property, or any part thereof, except as expressly granted by the City in this Agreement. 2. Grants. City grants to Liberty Bank the right to construct, use and maintain the Sign on the Median as shown on attached Exhibit "C", which Sign shall benefit Liberty Bank Property, subject to the rights of the City and/or any public or private agency to which the City has granted Page 202 of 277 a utility franchise for access over, under and upon the City property. The Sign shall be centered on the width of the Median, and no part of the Sign shall be located closer than 60 feet to the back edge of curbing at the north end of the Median or 25 feet to the back edge of the curbing at the south end of the Median. If Liberty Bank chooses at any time to repair or replace the Sign, the physical footprint and height of the Sign may not be enlarged as compared to the approved dimensions, and any reduction in the size of the Sign shall automatically cause a commensurate reduction in the physical scope of the rights granted hereunder. The parties expressly acknowledge that any damage that occurs to the Sign in connection with ordinary use of the Median, the ordinary use of Nicki Street, the work to repair or improvement to Nicki Street, or the work of repair or improvement to public or utilities infrastructure located in or upon Nicki Street will be at the sole risk and expense of Liberty Bank. 3. • Median Maintenance. During the term of the Agreement, Liberty Bank shall bear all responsibility for mowing the grass and otherwise maintaining the landscaping of the Median. If Liberty Bank fails to mow the grass or maintain the landscaping of the Median, the City may do so and assess any and all associated costs against Liberty Bank or the Liberty Bank Property. 4. Term of Agreement. The term of this Agreement shall be for so long as said encroachment continues to exist and is used and maintained by Liberty Bank. This Agreement shall automatically terminate if said encroachment is removed (other than for temporary removal). In the event that the City needs to have the Sign removed in order to reconfigure or redesign Nicki Street or West San Maman Drive roadways or adjacent utilities infrastructure, then this Agreement may be terminated by the City upon 60 days' notice to Liberty Bank. Upon such notice, Liberty Bank agrees to remove said Sign prior to the end of the 60 days' notice period. If Liberty Bank fails to remove said Sign upon termination of this Agreement, Liberty Bank authorizes the City to remove said Sign and assess all costs associated with removal to Liberty Bank or against the Liberty Bank Property. It is understood and agreed that this Agreement is appurtenant to the real estate and runs with the land. 5. Indemnification. Liberty Bank shall protect, defend, indemnify and hold harmless the City, its officers, elected officials, employees, and agents from any claim, damages, liability and expenses (including, but not limited to, reasonable attorneys' fees and costs of litigation) arising out of or in any way connected to the use or maintenance of the Sign and adjacent Median, including but not limited to any damage to the Sign or any property damage or personal injury caused to any other person. This covenant shall survive the termination of the Agreement. 6. General. This Agreement is binding upon and shall inure to the benefit of the parties and the respective successors and assigns of each. This Agreement, together with any addenda or exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. This Agreement may be modified only by the mutual written agreement of the parties. 2 Page 203 of 277 Liberty Bank F.S.B. By: Michele H. Stevens Its: Vice President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) 8 This instrument was acknowledged before me on ,„, ")r-i79,3,-,r " .(9 , 2011 by Michele H. Stevens as Vice President of Liberty Bank F. .B. David R. Mason, Notary Public 3 Page 204 of 277 Aft(41 City ofWaterlooff By: Emest G. Clark Its: • Mayor STATE OF IOWA COUNTY OF BLACK HAWK) ss. This instrument was acknowledged before me on this day of 2011, by Ernest G. Clark and Suzy Schares as May r and City Clerk, Waterloo. 4 No a y, of the City of Vyekofti Page 205 of 277 EXIITBIT A Parcel 1: That part of Tract A, Tower Park, Waterloo, Black Hawk county, Iowa, described as follows: Commenotng at -the Northwest corner of Northeast Quarter of the Northeast Quarter (NEM- NE1/4) of Section. Nine (9), Township Eighty-eight (88) North,, Range Thirteen (13) West of the 5th P.M„ 131aCk Hawk.Courity, Iowa; thence South DO degrees 26 minutes 14 seconds East,- along the West line of said Northeast Quarter of the Northeast Quarter, 63.43 feet to the South right-of-way rme of West San Nieman Drive; thence South 89 degrees 03 minutes 48 seconds East, along sald South right -of -Way line, 1,207.00 feet tothe West right-of-way line of Kimball Avenue; thence South 18 degrees 02 minutes 49 seconds Easta along saki West right-of-way line, 159.44 feet; thence South 00 degrees 28 minutes 22 seconds East, along said West right-of-way line, 154.27 feet; thence North 89 degrees 31 minutes 38 seconds East, along said West right-of-way Ilne, 10.00 feet; there South 00 degrees 28 minutes 22 seconds East, along said West right- of-way line, 29.20 feet; thence South 8.9 degrees 33 minutes 46 seconds West, 60.00 feet; thence Northwesterly along a curve concave Nofthea.sterly, having a radius of 284.80 feet, a distance of 123.88 feet; thence South 00 degrees 26 minutes 14 seconds East, 176.52 feet; thence South 89 degrees- T3 Minutes 46 .seconds West, 60.00 feet; thence South 41 degreeS 49 minutes 27 seconds West 423.78 feet to the point of beginning; thence North 45 degrees 26 minutes1.4 seconds West, 324 feet; thence North 00 degrees 26 minutes 14 seconds West, 90.51.feet; thence North 45 degrees 26 minutes 14 seconds West, 52.00 feet; thence Westerly -along a curve concave Southerly, having a radius of 64.00 feet, a distance of 100.53.feet; thence North 45 degrees 26 minutes 14 secailds West, 161.00 feet; thence Northeasterly along a nontangent curve concave Southeasterly, having a radius of 665.00 feet and a long chord bearing North 67 degrees 03 mlnutes 47 seconds East, a distance of 522.29 feet; thence South 00 degrees 26 minutes 14 seconds East, 374.75 feet; thence North 89 degrees 31 minutes 19 seconds East, 24.75 feet; thence South 00 degrees.28 minutes 41 seconds East, 24.20 feet; thence South 89 degrees 31 minutes 19 seconds West, 24.77 feet; thence South 00 degrees 26 minutes 14 seconds East, 266.05 feet to the point of beginning. Note: The West line of the Northeast Quarter -of the Northeast Quarter of Section 9, Township 8.8 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, is assumed to bear South 00 degrees 26 minutes 14 seconds East. Parcel 2 A parcel of land located In the Northeast Quarter of the Northeast Quarter (NE14 NE%) of Section Nine (9), Township Eighty-elght (88) North, Range Thirteen (13) West of the Fifth Principal Meridian and part of Tract A, Tower Park, Waterloo, Black Hawk County, Iowa, described as follows; Beginning at the most Southerly comer of said Tract A; thence North 00 degrees 26 Minutes 14 seconds West a distance of 266.05 feet thence North 89 degrees 31 minutes 19 seconds East a distance of 24.'77 feet; thence North 00 degrees 28 minutes 41 seconds West a distance of 24.2.0 feet; thence South 89 degrees 31 minutes 19 seconds West a distance of 24.75 feet; thence North 00 degrees 26-minutes 14 seconds West a distance or374.75 feet to the Southerly right-of-way line. of Tower Park DrNe; Page 206 of 277 thence -Easterly on said Southerly right-of-way on a non -tangent curve concave Southerly having a radius qf 66s,o0 feet and a long -chord bearing South 67 degrees 2:5 minutes 22 seconds East adistance of 69.57 feet; thence Southeasterly on a curve concave Southwesterly having a radius -of 263.72 feet and long chord bearing South 62 degrees 12 minutes 15 seconds East a distance of 204.40. feet; thence Southeasterly on e curve concave Northeasterly having a radius of 284.80 Feet and long chord bearing South 52 degrees 45 minutes 27 seconds East a distance of 126.83 feet; thence Southeasterly on -a curve concave Northeasterly having a radius of 284,80 feet and long chord bearing South 67 degrees 58 minutes 45 seconds FFist a distance of 24,50 feet; thence South 19- degrees 33 minutes 24- secorids West a distance of 51.57 Feet; thence South 00 degrees 26 minute14 seconds East a distance of 150.31 feet; thence South SO degrees 42 minutes 06.Seconds West a distance of 449..4B feet to the point of beginning. Note: The West line of the Northeast Quarter of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, Is assumed to bear South 00 degrees 26 minutes 14 seconds East. Black Hawk County, Iowa Note: Parcel designations are for convenience of reference only and do not constitute an integral part of the legal description. Page 207 of 277 onument Sign 153.56 go 151.95 001 • • 63.43 001 10. m m m 0 1- ® O 242 O 17435- N N O 80 I % NH Page 209 of 277 ,SII St 2b�vr ,59 Pae L J Page 210 of 277 Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Farmers State Bank, hereinafter "Farriers State Bank", and the City of Waterloo, Iowa, hereinafter "City" thisp? 1 day of [Ar-Av,,12019. WHEREAS, Farmers State Bank is the owner areal estate commonly known as 131 and 201 Tower Park Drive, Waterloo, Iowa 50701 and legally described in attached Exhibit "A"; and WHEREAS, Nicki Street is a dedicated street owned by the City providing access to Farmer's State Bank Property from San Marnan Drive; and WHEREAS, Nicki Street has a median that divides its north and southbound lanes, which median is also owned by the City (the Median); and WHEREAS, Farmers State Bank is requesting to construct, use and maintain on the Median an electronic messaging, two sided monument sign that is 19'5" in height and 17' 3" long with tenant panels and in a configuration similar to the design shown in attached Exhibit "B" (the "Sign"); and WHEREAS, the sign would be placed in the Median in a position that is approximate center with respect to the north -south and east -west measurements, which placement would he an encroachment upon the Median, which is owned by the City; and WHEREAS, the City is willing to allow the construction, use and maintenance of the Sign on the Median, which constitutes an encroachment of City property, subject to the following agreement describing the rights and obligations of each party. I. Farmers State Bank hereby recognizes and reaffirms, said Right -of -Way. 2. The City grants Farmers State Bank the right to place and maintain said Sign in said Right - of -Way as shown on attached Exhibit "B", subject to the rights of the City and/or any agency to which the City has granted a utility franchise or Right -of -Way License Agreement to and for access over, under and upon said Right -of -Way, expressly recognizing and acknowledging that any damage that occurs to said Sign will be the sole risk and expense of Farmers State Bank including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or Right -of -Way License Agreement needs said Sign to be temporarily moved for access to said Encroachment Area, Farmers State Bank shall move said Sign if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or Right -of -Way License Agreement shall be authorized to move said Sign and assess any costs for removal against Farmers State Bank, or Farmers State Bank Property. 3. The term of this agreement shall be for so long as said Sign is maintained by Farmers State Bank, and said Sign continues to exist, and that this agreement shall automatically terminate if said Sign is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the real estate and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to Farmers State Bank and that Farmers State Bank agree to remove said Sign prior to the end of the 60 days notice and termination of this agreement. If Farmers State Bank fails to remove said Sign upon termination of this agreement Farmers State Bank authorize the City of Waterloo to remove said Sign and assess costs to Fanners State Bank, or against Farmers State Bank Property. Page 211 of 277 4. Farmers State Bank shall protect, defend, indemnify, and hold harmless the City and its successors and assigns and their officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or Right -of -Way License Agreement from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) of any type or nature whatsoever arising out of the use, maintenance, or removal of said Encroachment, including, but not limited to any damage to said Right -of -Way or said Sign. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to subject matter hereof. It maybe amended only in a written instrument signed by the parties. This agreement is binding upon the parties and their respective transferees, successors, heirs and assigns. Time is of the essence in observing the terms of this agreement. Electrical Service to Sign in Nicki Street Right of Way Farmers State Bank desires to have the electrical service to the sign located within Public Right of Way of Tower Park Drive and Nicki Street. Conditions for said installation are as follows: I. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by Farmers State Bank and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall not be liable to Farmers State Bank for any damages arising out of the performance of such work by other parties, provided City exercised reasonable care in performance of such work undertaken by the City. Nothing in this Agreement shall be construed as to relieve any other person or company from liability for damage to Famers State Bank facilities. 2. Farmers State Bank shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under Public Property in such manner as the City may at any time reasonably require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. 3. Upon request, Famers State Bank agrees to assist in locating underground facilities which are part of its electrical service. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this Agreement, Farmers State Bank shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll free "One -Call" number. 4. Installation, repair, or replacement work completed by Fanners State Bank that requires excavation of Public Property or public right-of-way shall require restoration and replacement of (a) any improvements that were removed, destroyed or damaged by Farmers State Bank work to a condition at least equal to the condition of such premises before Fanners State Bank work was undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. All work of restoration and replacement shall be subject to inspection and approval by the City Engineer or his designee. 5. Famers State Bank agrees to require contractors and subcontractors engaged in work for Farmers State Bank within the public rights -of -way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts to be reasonably set by the City. 6, Farmers State Bank agrees to accept the risk of having its electrical service and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Farmers State Bank's equipment, except to the extent caused by the City's gross negligence. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Farmers State Bank's equipment placed in the right-of-way. Page 212 of 277 In WITNESS WIIEREOF, the parties have executed this Encroachment Agreement by their duly authorized offices as of the date first set forth above. Farn rs State Bank rs 'tate Bank, I s: Wes Becker Chief Operations Officer Farnjitate Bank armers State Bank, Its: Rodney Duroe Chief Executive Officer STATE OF COUNTY OF Gijcit 11. ) SS. City of Waterloo By: Quentin Hart Its: Mayor Attest: Kelley Felchle, City Clerk ABIGAIL SEARS COMMISSION NO. 778635 MY COMMISSION EXPIRES MAY 28, 2022 On this 2.1, day of OViti)r)ef, 2019 before me, the undersigned, a Notary Public in and for the State of D‘irk,-fiNt , Wes Becker, Chief Operations Officer, Farmers State Bank., personally appeared to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. )/V2V1 ev‘-1 eet46 Notary Public STATE OF 10Ank.,. ) COUNTY OF 9 italt ) SS. On this 11 day of C.X.A1)11,i , 2019 before me, the undersigned, a Notary Public in an dkfatot he ABIGAIL SEARS COMMISSION NO. 778635 MY COMMISSION EXPIRES MAY 28, 2022 State of 1 CVO, , Rodney Duroe, Chief Executive Officer, Farmers State Bank., personally appeared to me known to be the identical persons named herein and who executed the foregoing instalment and acknowledged that they executed the same as their voluntary act and eed. Nofary lic STATE OF IOWA COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of , 2019 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public Page 213 of 277 EXHIBIT A Parcel 1; That part of Tract A, Tower Park, Waterloo, Mack Hawk County, Iowa, described a9 fellows: Commencing at the Northwest corner of Northeast Quarter of the Northeast Quarter (NE1.4 NE1A) of Section Nine (9), Township Eighty-eight (88) North, Range Thirteen (13) West of the 5th P,M„ Black Hawk County, Iowa; thence South 00 degrees 26 minutes 14 seconds East, along the West One of said Northeast Quarter of the Northeast Quarter, 63,43 feet to the South right-of-way line of West San Marnan [rive; thence south 89 degrees 03 minutes 48 seconds East, along said South right-of-way like, 1,207,00 feet to the West right-of-way line of Kimball Avenue; thence South 18 degrees 02 minutes 49 seconds East, along said West right-of-way line, 159,44 feet; thence South 40 degrees 20 minutes 22 secands East, along said West right-of-way line, 154.27 feet; thence North 89 degrees 31 minutes 38 seconds East, along said West right -of --way tine, 10.00 feet; thence south 00 degrees 28 minutes 22 seconds East, along said West right- of -way line, 29,20 feet; thence South 139 degrees 33 minutes 46 seconds West, 60.00 feet; thence Northwesterly along a curve concave Northeasterly, having a radius of 284,80 foot, a distance of 123.88 feet; thence South 00 degrees 26 minutes 14 seconds East, 176.52 Peet; thence South 89 degrees 33 minutes 46 seconds West, 60.00 feet; thence South 41 degrees 49 minutes 27 seconds West 423.78 feet to the point of beginning; thence North 45 degrees 26 minutes 14 seconds West, 324 feet; thence N"vrth 00 degrees 26 minutes 14 seconds West, 90,51 feet; thence North 45 degrees 26 minutes 14 seconds West, 52,00 feet; thence Westerly along a curve concave Southerly, having a radius of 64.00 feet, a distance of 100,53 feet; thence North 45 degrees 26 minutes 11 seconds West, 161.00 feet; thence Northeasterly along a nontangenr curve concave Southeasterly, having a radius of 665.00 feet and a Jong chord bearing North 67 degrees 03 minutes 47 seconds East, a distantd of 522,29 feet; thence South•00 degrees 26 minutes 14 seconds East, 374,75 feet; thence North 89 degrees 31 minutes 19 seconds East, 24.75 feet; thence south 00 degrees 28 minutes 41 seconds East, 24.20 feet; thence South 89 degrees 31 minutes 19 seconds West, 24,77 Feet; thence South 00 degrees 26 minutes 14 seconds East, 266.05 feet to the point of beginning. Note; The West line of the Northeast Quarter of the Northeast Quarter of Section 9, ToWSshlp 88 North, flange 13 West of the 5th P.M., Black Hawk County, Iowa, Is assumed to bear South 00 degrees 26 minutes 14 seconds East. Parcel 2: A parcel of land located in the Northeast Quarter of the Northeast quarter (NEY NE3/4) of Section Nine (9), Township Eighty -night (88) North, Range Thirteen (13) West of the Fifth Principal Meridian and part of Tract A, Tower Park, Waterloo, slack Hawk County, Iowa, described as follows; Beginning at the most Southerly corner of said Tract A; thence North 00 degrees 26 minutes 14 seconds West a distance of 266,05 feet; thence North 89 degrees 31 minutes 19 seconds East a distance of 24.77 feet; thence North 09 degrees 28 minutes 41 seconds West a distance of 24.20 feet; thence South 89 degrees 31 minutes 19 seconds West a distance of 24.75 feet; thence North 00 degrees 26 •nllhutes 14 seconds West a distance of 374.75 feet to the Southerly right-of-way line of Tower Park Drive; Page 214 of 277 thence Easterly on said Southerly right -or -way on a non -tangent curve concaVe Southerly having a radius of 66S,00 feet and a long chord bearing South 87 degrees 25 minutes 22 seconds East a distance of 69.97 feet; thence Southeasterly on a cUrVe concave Southwesterly having a radius of 263.72 feet and long chord bearing South 62 degrees 12 minutes 15 seconds East a distance or 204.40 feet; thence Southeasterly on a curve concave Northeasterly having a radius of 284,130 feat and long chord bearing South 52 degrees 4-5 mintrtas 27 seconds East a distance or 126.83 feet; thence Southeasterly on .a curve concave Northeasterly having a radius of 284,80 feet and long chord bearing South 67 degrees 58 minutes 45 seconds East a distance of 24,50 feet; thence South J,9 degrees 33 minutes 24 seconds West a distance of 51,57 feet; thence South o0 degrees 26 Minutes 14 seconds East a distance of 150.31 feet; thence South 5D degrees 42 minutes 06 seconds West a distance of 449,48 feet to the point of beginning. Note: The West 'line of the Northeast Quarter of the Northeast Quarter of Section 9, Township 86 North( Mange 13 West of the 5th P.M., Black Hawk County, Iowa, is assumed to bear South 00 degrees 26 minutes 14 seconds East. Bieck Hawk County, Iowa Note: Parcel designations are for convenience of reference only and do not constitute an integral part of the legal description. 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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. Easenient*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 218 of 277 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: 10/28/2019 Prepared: 7/17/2019 ATTACHMENTS: Description Type D Ordinance Backup Man nnz ll SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Motion to receive, file and consider, and pass for the second 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 third time 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 for crimes not relevant to the job..." Page 219 of 277 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 220 of 277 �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 221 of 277 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 222 of 277 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 223 of 277 CITY OF WATERLOO Council Communication An ordinance increasing the mayor's compensation. City Council Meeting: 10/28/2019 Prepared: 10/9/2019 REVIEWERS: Department Reviewer Action Date Clerk Office c,�cpapu' .Kelley .Approved 0/9/2,0p) ... pp o56 AMM ATTACHMENTS: Description Type D Salary Survey 13acik:up:r Ma D Ordinance Backup .Maten. SUBJECT: Motion to receive, file, consider, and pass for the third time and adopt an ordinance fixing the compensation of mayor and council members of the City of Waterloo, Iowa, and rescinding Ordinance No. 4785. Submitted by: Submitted By: Jerome Amos, Jr., Ward 4 Council member Recommended Action: Approval. Summary Statement: This ordinance proposes increasing the mayor's pay and keeps the formula for calculating subsequent salary adjustments the same. Page 224 of 277 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 225 of 277 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 226 of 277 CITY OF WATERLOO Council Communication After Hours Business License Application. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date (1111erlk Office Felchle, Lchpu', Kelley Approved p 0/2 3/7,O 19 .... ,: "1 pP M ATTACHMENTS: Description Type Application 13°acik:up:r 14at,aii Suuppor6nv:Document anon p:3;ack:ui IVpaater! SUBJECT: Motion approving denial of an After Hours Business License application filed by Eric Grover for The Culture Restaurant and Grill, located at 1927 Jefferson Street. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approve denying the application. Summary Statement: Please see the attached summary from the Waterloo Police Department. Page 227 of 277 ("-att4 -18j.cQ e-i!d 6u!uoz ,26u!uueld JGP-10 peluea panoaddv paivac: peAmddv pe!ueo panaiddv eng.e;uesaidad paZIJOLpte JO Jeolgo 'Jaumo Jo aimeub!s .ennoi;o eTels eullo smel pue 813°0 led!olunA eyl;o suo!s!AoJd GL intAn Alduloo !!!An easueoll °La `pe}ueJ5 si asueoil e i oi pealbe s! ;l'aJowJeui_ind .epoo led!o!uniAl ooueleAA;o iieul;o suo!s!Aoid ey Jo suop,elo!A Jo; inedsu! o; SJCIOLI ssewsnq Jeln6al 6uunp Tuenem LioJees e flOL4iM ses!waid pesueoil au; uodn Ja;Lia o; 415u eLp, aneu lieqs 'emoi oopaiem GLI} 10 S}I.JeLIJI.JEdea eoflod 'au au} Jo sJedwew u GJ5e eMil '01..ael3H CI3HOVI_LY °Ns dO SIN3IA2E2:1SV 1V1N]i :10/0NV Sb131 11V dO SEHOO 03I1JL2:130 h -H 0 - :JaqwnN euoqd ( :ssaappv :eweu s,Jeumo Ouippo o i L-5, - 9 3 .777 :siopai!p pue sJeo44o !le lo ssappe pue saweu 'uoileJodnou! o 94els 9[41 m.olaq Ts!! eseald 'uoilaiothoo jr uo!leJoclJoo d!qsJeuped d!LisJol.epdaid 910S :se ssewsnq el.eJedo a; puei.u! no 00 c 1 :u!eldxe seA ij 0) sd:Joueawaps!u.i JO Auo!a; e jo pei.o!Auoo ueaq JeAG noA \,y Jecii.unN auoud s -t :ssaippv ssawsno :ssewsns ;o aLueN -") 2.s (!) :'oN A]rpnoes le!oos ( rssaJopy ewoH :Tueo!iddv;o eweN NOLLO3S 2000 Ain Ofl S3MS Nno1-1 el31+1 end NOLII.ValddV YMOI OlefaLVAA dO Ain Page 228 of 277 'ON SN331-1 KELLEY FELCHLE From: SETH HYBERGER Sent: Wednesday, October 23, 2019 3:19 PM To: DOUG ANDERSON; Chris Ferguson; JEFF SIEBEL Cc: KELLEY FELCHLE Subject: RE: AFTER HOURS APPLICATION-1927 JEFFERSON ST Doug: The site is R-3 Multiple Residence District. They are not properly zoned. So, it's a no. Thanks! Seth Original Message From: DOUG ANDERSON <DOUG.ANDERSON@WATERLOO-IA.ORG> Sent: Wednesday, October 23, 2019 2:52 PM To: SETH HYBERGER <SETH.HYBERGER@WATERLOO-IA.ORG>; Chris Ferguson <Chris.Ferguson@WATERLOO-IA.ORG>; JEFF SIEBEL <JEFF.SIEBEL@WATERL00-IA.ORG> Cc: KELLEY FELCHLE<KELLEY.FELCHLE@WATERLOO-IA.ORG> Subject: FW: AFTER HOURS APPLICATION-1927 JEFFERSON ST Hi Seth, Chris, Are you able to approve or deny this application? I know Jeff is out for the week. Sincerely, Doug Anderson City of Waterloo 715 Mulberry St. Waterloo, IA 50703 Clerk II 319-291-4323 Original Message From: DOUG ANDERSON Sent: Tuesday, October 08, 2019 2:14 PM To: JEFF SIEBEL; SETH HYBERGER; CORBIN PAYNE; KELLEY FELCHLE; ARIC SCHROEDER Subject: FW: AFTER HOURS APPLICATION-1927 JEFFERSON ST Eric Grover just dropped this off and paid the $350.00 application fee for 1 year. Are there going to be issues with this getting passed do you think? They have been trying to do this under the radar for a while and now they got caught I think. Jeff -I know that you were out there recently. 1 Page 229 of 277 Response for Application for After Hours License (The Culture Restaurant and Grill) This memo is in regards to the request being made for an After Hours Business License (City Code Section 3-1-6) at 1927 Jefferson St. The Culture Restaurant and Grill operated by Eric Grover is the applicant on the license. This application for After Hours Business License was submitted by Mr. Grover on October 8th 2019. In speaking with members of the Police Department, we have concerns for the community and we recommend that the After Hours License request be "Denied" due to the ongoing issues with the "illegal" After Hours business that has already been operating in violation of City Code. The following concerns developed before the filing of this application: -On September 15th 2019 at 0300hrs, W19-076099, officers were dispatched to 1927 Jefferson from two separate reporting parties regarding a loud noise complaint (music and people) coming from numerous vehicles in the area of the restaurant and on the streets. Both reporting parties advised that this has been an ongoing problem every Friday and Saturday night and into the early morning hours. -On September 17th 2019 Capt. McGeough asked that I looked into the above case after being informed by 3rd shift officers regarding the ongoing problems and their concerns with this business. -September 18th 2019 I made phone contact with one of the reporting parties that live very close to this business. She is very concerned about the activity going on at the business all hours of the night and morning hours on the weekends. She explained the noise from the cars and people yelling, keeping her and her son up at night. She advised that cars were parking in her driveway and also blocking it. She said that she gets here son every other weekend and he is making comments to her that he was getting scared to come over to her house with all the activity from this business. I advised her I would try to find out more and see if we can help with the problem. Also on the September 18th, I called the owner of the actual building, Jose Jaramillo. I was able to speak to his daughter Diana, due to Jose not being able to speak English. I explained to her the events that have been taking place at the business and they were unaware of such activity. I explained to her that they need to speak with Eric Grover about the activity because they could also be held responsible for a Chronic Nuisance property, if it came to that. She advised me that she would be in contact with Mr. Grover about the situation. -September 20th 2019 I was walking over to the City Clerk's Office on another matter, when I was asked by city clerk officer Doug Anderson if an officer could talk to a gentleman at his counter. The gentleman was complaining about 1927 Jefferson. Doug knew about this address because of previous conversations with him about the status of the business. In speaking with this gentleman, he came across upset and concerned about the above business. He also lives near the area and has been kept up by the noise and commotion on the weekends. He advised that he was finding all kinds of liquor bottles and trash in his yard. Page 230 of 277 -September 20th 2019 I made phone call and set up a meeting at WPD with Eric Grover. I explained to Mr. Grover our concerns and the complaints from the neighborhood. I also provided him with the city code explaining what the guide lines are for an After Hours. 1 advised him that he did not have a permit for an After Hours and that he is operating as a restaurant. 1 advised him per city code he cannot operate a restaurant and have an After Hours as well as charge a cover and BYOB. It can only be one or the other. I explained to him the Wishbone Restaurant is not even a half a block away and we have not had any complaints as we do for his business. He advised he under stood and would not operate as an After Hours any further. -September 21s' 2019 the Culture Restaurant and Grill's manager Josh Adams posted on Facebook that they will be opening as a BYOB club with a $5 cover. This posting was made after I had already told Mr. Grover that this activity needed to stop. I contacted Mr. Grover again and asked him if he had spoken to his manager Josh Adams about our conversation and he advised that he did. Apparently they did not care what I had told them about the law and decided to advertise on their Facebook page. In speaking to the City Clerks Officer and doing further checking into this address there is a valid liquor license until 2/11/2020, Class B Beer/Wine under a former restaurant, Sabor Latino Restaurant registered to Jennifer Bodden Ruiz. I contacted the person who applied for this license and they advised they closed that restaurant awhile back. They have nothing to do with that building anymore and that she needed to get that license closed. In addition, I have several copies of Facebook posts as this place being operated as restaurant as of 10/10/2019. If that is the case, I do not see how they can have a BYOB or a cover to enter a restaurant under our City Code. Also in looking at the application by Eric Grover, it asks the question if the applicant has ever been convicted of a felony or misdemeanor. Mr. Grover does respond "Yes" for possession of marijuana. In looking at Mr. Grover's arrest record, it does show that he was arrested for a Felony for Possession with Intent to deliver marijuana. Also several over arrests for possession of marijuana, driving while barred and Interference with Official Acts On October 9, 2019 I again made phone contact with Diana, the owner of the buildings daughter. informed her that Mr. Grover had filled out an application for an After Hours License for 1927 Jefferson. She was unaware of this and was going to talk with her father. She seemed very concerned and will try and contact Mr. Grover about their concerns. -October 13, 2019 at approximately 0300hrs Officer Weber and Officer Christiansen did a walk-through of the Culture Restaurant and Grill's business. Officer Weber spoke to the Hispanic/White male, Josh Adams 02/10/1982, who is the apparent manager. I spoke with Officer Weber and he advised that Eric Grover was inside the building during this time but never came and spoke to him. Officer Weber also has body camera footage of the incident. Below is an email from Officer Weber: Page 231 of 277 Christiansen and I walked through tonight around 0300 (84401). I immediately walked up to a female who admitted to drinking Hennessey and coke from a red plastic cup. There were multiple people inside the business drinking from these red cups. I did not ask every single person inside the business what was in their cup. 1 did bring it to the manager's attention (Hispanic male, didn't get his name). He said it was tough for them to control what people brought in on their own. I told him the people could not bring their own alcohol in, this was a violation. While walking around outside in the area of the business we noticed a lot of broken glass and car with a broken rear window sitting in the parking lot. Nick Weber Waterloo Police Department Watch Ili Patrol -October 13, 2019 Sgt. Hoelscher received a phone call about a report of gun shots near 1927 Jefferson. The email below I have edited to take out names of reporting party and victims: On Sunday October 13, 2019, at about 1026hrs, a male reporting party called into dispatch to report gunshots heard in the area of the Wishbone and W.18th Street. He stated that it occurred around 0300hrs on this same date. He stated that he did not call this into dispatch because he figured someone else would. Officer checked the area but did not locate anything. At this time it is believed that the incident occurred somewhere around the Culture Restaurant located at 1927 Jefferson St. I spoke to Investigator V. Zubak regarding her investigation on the above shooting. Investigator V. Zubak advised me that one the victims stated she was in the parking lot at 1927 Jefferson when several shots were fired and she was grazed by one of the bullets. -October 14, 2019 I made phone contact with Mr. Grover and asked if he knew what happened over the week outside of his business. He said "yeah a shooting" 1 asked him if he could provide any information into the shooting, he advised he knew it happened near the parking lot, near the corner of Jefferson. He said he was in the kitchen and did not know more about the incident. 1 asked him lithe shooting happened just before the officers stopped by his place and he advised that it did. I suspected Mr. Grover knew more than he was telling me. I spoke to Mr. Grover about the officers walking through the business and how they noticed people drinking alcohol inside at 3:00 in the morning. Again Mr. Grover advised he did not know about people drinking alcohol because he was in the kitchen due to being short staffed. During our conversation, I inquired to how he was going to address the ongoing problems at the restaurant. Mr. Grover could not provide any solutions to the ongoing problems. 1 advised him I would be back in touch at later date to follow up with him. Page 232 of 277 -October 16, 2019 the owner of Jefferson Streets Motors at 2015 Jefferson called into dispatch to request extra attention to the area. This address is across the street from the Culture Restaurant and Grill. He advised people are parking all over the area and in his lot during late night hours of Friday and Saturday. He is picking up liquor bottles, trash and other items on Monday mornings. He believes these items are coming from the events taking place at the Culture Restaurant and Grill across the street from his business. -October 18, 2019 Josh Adams manager of the Culture Restaurant and Grill came to Waterloo PD for a meeting that we had arranged to talk about the issues at the business. On this date Adams was issued a $285.00 citation for operating an After Hours Establishment without a valid license from the city to do s0. -10/20/2019 2:34 A.M. Officer four officers and a Black Hawk County Deputy were dispatched to 1927 Jefferson on loud/music/vehicles/people. Officer arrived in the area and observed numerous people outside the surrounding areas and neighborhood. Officers advised that numerous vehicles and people were on other people's property and parking Tots causing a ruckus. Officers Sears walked around the area telling people to leave. Officers Sears's also walked in the business and in doing so located several people inside. While inside Officer Sears noticed a case of Bud Light sitting on the table with people consuming it, which again is a violation of the After Hours Establishment license. Officer Sears spoke with Mr. Grover and advised him of the situation and get it taken care of. Which of course with the ongoing history Mr. Grover does not seem to care about the law and is allowing this activity to continue to occur. Upon further investigation into these incidents and past history involving 1927 Jefferson and operating an After Hours Establishment without a valid license. It was determined that Eric Grover, the business owner and Josh Adams, the business manager, be cited for violation of the After Hours Establishment, Waterloo City Code 3-3-3 (A)(B), General Penalty 1-3-1 . Adams will be fined $285.00 if any such violations of this nature are violated in the future a second violation penalty will increase to $500,00. Grover will be issued for $500.00 fine, $85.00 court cost. This citation is due to Mr. Grover being the owner of the business with numerous times of being warned and advised of the violations. 10/21/2019 Mr. Grover came to the Waterloo PD and both I and Capt. McGeough spoke with him at length about the ongoing problems and our concerns. He was also cited for the After Hours Violation and was advised if the problems continue another citation for $500.00 would be issued. Mr. Grover advised he understood. Respectfully submitted Lt. Corbin Payne Community Resources Division Waterloo Police Department Page 233 of 277 Rental Agreement , agree to rent the property located at 1927 Jefferson St. Waterloo, IA 50702, from the owners, Jose Jaramillo and Margarita Jaramillo, for the monthly amount of $1500 fora year (12 months). This contract will begin on July 1st 2019 and will terminate on June 30th 2020. This contract may be renewed at any time before its expiration date. This rental agreement includes all the equipment and furnishings present within the property. Any repairs or replacement of this equipment and furnishings will be the responsibility of the renter. The rent will be due on the 1st of every month, and will be considered past due on the 5th of each month, A deposit of $1500 along vv th first month's rent ($1500) will be due on July 1st 2019. ) Eris Grover Date 810Western Ave Waterloo, Iowa 50702 s: yr Date rc, 50703 2 .'`:s-a(g'ctrita Jaramilto Date 813 Dawson St. Waterloo, Iowa 50703 f 7 j Page 234 of 277 WATER 0 LICE D A ENT Call For Service Record Call #: 19076099 Lat: 0,000000 Lon: 0,000000 Police Fire Amb Other Premise: GALERIJA 92 BAR AND GRILL Grid: 13 F812 F812 9999 Location: 1927 JEFFERSON ST Beat: 01 38 38 City: WATERLOO St: IA Zip: 50702 CMD Area: P F F Cross Str: 17TH / 18TH Area/Agency: WLPD xWLF bCOV Call Type: LOUD LOUD/NOISE/VEHICLE/ ACHINER Priority: 5 Reporting Party Information Name: LEDTJE,NORMAN Address: 306 W 18TH ST City: WATERLOO St: EA Zip: 50702 Phone: Cell: (319)235-2634 Work Phone: Disposition: NR Disp Desc: NO REPORT Actual Type: LOUD LOUD/NOISE/VEHICLE/MA( by: CROZIER,CORTNEY via: Phone Received: 09/15/2019 @ 03:00:26 Custody: Fire Out: Pat Contact: Remarks: - ALL REMARKS ENTERED BY; D24CC A 09/15/2019 0300:26 1927 JEFFERSON IS BEING REAAY LOUD AGAIN ONGOING PROBLEM LOUD VEH IS STILL THERE PLAYING LOUD MUSIC ENTERED BY: D24CC 09/15/2019 03:00:48 Location changed from 306 W 18TH ST to 1927 JEFFERSON ST ENTERED BY: D24CC A 09/15/2019 03:18:23 (D24CC 09/15/2019 03:17:20) RESTAURANT AT THIS INTERSECTION IS BEING VERY LOUD ONGOING PROBLEM WITH THIS RESTAURANT EVERY FRIDAY AND SATURDAY NIGHT 2ND RP ERICA HOVATTER AT 1918 JEFFERSON ST, PBX 319 404 6265 ENTERED BY: D22KF 09/15/2019 03:20:22 Name/RODE,JOSHUA DOB/19970208 Race/ Sex/ Hgt/ Wgt/ Hair/ Eye/ OLN/ OLS/ OLY/ OLT/ ENTERED BY: D22KF A 09/15/2019 03:20:58 ***PRIVATE*** OLN/938AL5957 SOC/468339999 CO/BLACK HAWK NAWRODE,JOSHUA ADAM JR RES/252 BALTIMORE ST WATERLOO,IA 50701 MAIL/1025 LOGAN AVE WATERLOO,IA 507032461 DOB/1997-02-08 WHITE MALE 506 130 EYE/BROWN LEGAL PRES/U HEARING DISABLE/NO PENDING ACT/ CDL STATUS/ NCDL STATUSNALID CLASS/C ENDOR/ RESTRICTIONS/ ISS/2019-05-08 EXP/2020-02-08 AUDIT/3826236 DATE TYP DATE/FILE JUR EXPLANATION 2016-04-15 CON 2016-05-29 IA SPEED 09/19/2019 Pagel% 077 REQUIREMENTS TO BE SATISFIED: ELIGIBLE TO APPLY: YES END OF RECORD"********* ENTERED BY: D22KF A 09/15/2019 03:22:30 LIC/IHA829 LIS/ LIY/ LIT/ VIN/ VCO/ VYR/ VMK/ VMO/ VST/ ENTERED BY: D22KF (a), 09/15/2019 03:22:42 LIC/II1A839 LIS/ LIY/ LIT/ VIN/ VCO/ VYR/ VMK/ VMO/ VST/ ENTERED BY: D22KF A 09/15/2019 03:23:03 LIC/IHA839 LIT/STANDARD LIT/PC ***PRIVATE*** OWNER(S)/JOHNSON, LEMUEL CORNELIUS DOB/19850526 SOC-OLN/098CC2955 657 DAWSON ST WATERLOO IA 50703-5845 TRQ/WHI 1986 CITEV CHEVROLET CAP CAPRICE CLASSI 4D VIN/ I G I BN69H2GX101654 AUTOMOBILE USE/REGULAR VAL CO/BLACK HAWK NO/1HA83905202001 EXP/05-2020 REGISTRATION DATE/2019-07-03 PREV PLATE/HWL685 TITLE DATE/2019-07-03 NO/07AG51082 PREV TITLE CO/ NO/ ENTERED BY: D22KF A 09/15/2019 03:23:39 ***PRIVATE*** OLN/098CC2955 SOC/525558459 CO/BLACK HAWK NAM/JOHNSON,LEMUEL CORNELIUS RES/832 KERN ST WATERLOO,IA 50703 MAIL/832 KERN ST WATERLOO,IA 507035640 DOB/1985-05-26 BLACK MALE 509 218 EYE/BROWN LEGAL P ES/U HEARING DISABLE/NO PENDING ACT/ CDL STATUS/ NCDL STATUS/VALID CLASS/C ENDOR/ RESTRICTIONS/ ISS/2019-04-18 EXP/2027-05-26 AUDIT/3775772 DATE TYP DATE/FILE JUR EXPLANATION 2012-06-13 SUS 2019-04-02 IA NON-PAYMENT OF IOWA FINE 2011-09-01 SUS 2019-04-02 IA NON-PAYMENT OF IOWA FINE 2010-12-24 CON 2013-04-29 IA DRUG/DRUG RELATED CONVICTION 2010-08-03 SUS 2019-04-15 IA NON-PAYMENT OF IOWA FINE 2010-07-30 SUS 2019-04-15 IA NON-PAYMENT OF IOWA FINE 2003-07-07 SUS 2019-04-02 IA NON-PAYMENT OF IOWA FINE REQUIREMENTS TO BE SATISFIED: ELIGIBLE TO APPLY: YES ********** END OF RECORD********** ENTERED BY: D22KF A 09/15/2019 03:24:53 LIC/IGY990 LIS/ LIY/ LIT/ VIN/ VCO/ VYR/ VMK/ VMO/ VST/ ENTERED BY: D22KF (a), 09/15/2019 03:25:07 LIC/IGY990 .LIT/STANDARD LIT/PC ***PRIVATE*** OWNER(S)/WILLIAMS, JOSIAH MALACHI ISRAEL DOB/19830323 SOC-OLN/945AA4995 1303 GRANDVIEW AVE WATERLOO IA 50703-2241 09/19/2019 Pager'Ne df277 Version 041 BLU 2006 CADI CADILLAC DTS DTS 4D VIN/ 1G6KD57YX6U216982 AUTOMOBILE USE/REGULAR VAL CO/BLACK HAWK NO/IGY99003202001 EXP/03-2020 REGISTRATION DATE/20I9-08-21 PREV PLATE/GPY616 TITLE DATE/2019-08-21 NO/07AG58186 PREV TITLE CO/ NO/ ENTERED BY: D22KF a, 09/15/2019 03:25:32 ***PRIVATE*** OLN/945AA4995 SOC/344729853 CO/BLACK HAWK NAM/WILLIAMS,JOSIAH MALACHI ISRAEL RES/1303 GRANDVIEW AVE WATERLOO,IA 50703 MAIL/1303 GRANDVIEW AVE WATERLOO,IA 50703 DOB/1983-03-23 BLACK MALE 508 205 EYE/BROWN LEGAL PRES/U HEARING DISABLE/NO PENDING ACT/ CDL STATUS/ NCDL STATUS/VALID CLASS/D ENDOR/3 RESTRICTIONS/ ISS/2019-06-25 EXP/2025-03-23 AUDIT/3947111 AKA/WILLIAMS,JOSIAH MALACHI AKA/WILLIAMS,JOSIAH MALACHIISRAEL AKA DOB/ AKA DOB/ DATE TYP DATE/FILE JUR EXPLANATION 2017-11-12 ACC 1014191 IA 2017-07-28 CON 2017-09-18 IA SPEED 2010-10-13 SUS 2017-01-23 IA NON-PAYMENT OF IOWA FINE 2004-08-03 SUS 2017-01-23 IA NON-PAYMENT OF IOWA FINE REQUIREMENTS TO BE SATISFIED: ELIGIBLE TO APPLY: YES ********** END OF RECORD********** Unit Information: Unit ID Officer 1 Disp Enrte Arriv 3K1 K3552 09/15/2019 03:23:42 301C 13772 09/15/2019 03:13:01 Clear Total Destination Trans Trans Mile Mile Start Stop Start Stop 03:23:52 03:28:13 5 03:17:55 03:28:13 15 0.0 0.0 0.0 0,0 09/19/2019 Pages?:=7 63277 Version 0411 A' LOOP ICE 1 AR ENT Call For S rvice mord Call #: 19084456 Lat: 0.000000 Premise: Location: W 18TH ST/ JEFFERSON ST City: WATERLOO St: IA Zip: 50702 Cross Str: Call Type: WEAPON* WEAPON:SHOTS FIRED Lon: 0.000000 Police Grid: 41 Beat: W2 CMD Area: P Area/Agency: WLPD Priority: 8 Fire F812 38 F xWLF Am b Other F812 9999 38 F bCOV Reporting Party Information Name: LEDTJE,NORMAN Address: 306 W 18TH ST City: WATERLOO St: IA Zip: 50702 Phone: Cell: (319)235-2634 Work Phone: Disposition: RI Disp Desc: REPORT INITIATED Actual Type: by: Received: Custody: WEAPON* WEAPON:SHOTS FIRED CROZIER,CORTNEY via: Phone 10/13/2019 @ 10:26:09 Fire Out: Pat Contact: Remarks: - ALL REMARKS ENTERED BY: D24CC A 10/13/2019 10:26:09 LOTS OF GUNSHOTS LAST NIGHT AT 0256 IN THE MORNING ENTERED BY: D24CC 10/13/2019 10:26:23 RP THINKS IT WAS A SEMI AUTO PISTOL ENTERED BY: D24CC 10/13/2019 10:28:08 WHEN ASKED WHY HE DIDN'T CALL LAST NIGHT HE ADVISED HE WENT BACK TO SLEEP AND THOUGHT SOMEONE ELSE WOULD HAVE CALLED IT IN. HE DIDN'T SEE ANY POLICE DRIVE BY IN THE AREA SO HE WANTS OFCS TO KNOW THAT THIS HAPPENED ENTERED BY: D12JC A 10/13/2019 20:08:27 3G3B Location updated to 76 COV ENTERED BY: D17SG @ 10/13/2019 23:26:07 3E7C Location updated to 76 230 WESTERN ENTERED BY: D17SG A 10/13/2019 23:31:00 3E7C Location updated to 223 WEBSTER ENTERED BY: D17SG A 10/14/2019 01:10:14 UPDATED BY: D17SG @ 10/14/2019 01:24:06 DUPLICATE LOG ENTERED BY: D17SG A 10/14/2019 01:10:56 REMARKS LOGGED FROM CFS/ 84632 (D3 I DH 10/14/2019 00:22:43) PICK UP BULLETS FROM SURGERY ON MALE IN THE OR 12 (3W2C 10/14/2019 00:37:21) Queries run = QQ.ORILLIC/IKW141.1.1T/PC (3W2C 10/14/2019 00:52:19) Police Only BULLETS SEIZED (3W2C 10/14/2019 00:55:19) Queries run — QQ.ORILLIC/EFY553.LIT/PC L6-4 ej- 10/21/2019 Pagee*8 df2277 Version 0411 (3W2C 10/14/2019 00:58:04) Queries run = QQ.ORI/.LIC/HGX441.LIT/PC (D17SG 10/14/2019 00:59:09) 3W2C Location updated to 715 ENTERED BY: D17SG (i 10/14/2019 01:23:26 3W2C Location updated to 715 ENTERED BY: D21TM (i 10/15/2019..19:34:37_.. BELOW VEH WAS STRUCK BY BULLETS LIC/DAT242 .LIT/STANDARD ***PRIVATE*** OWNER(S)/LEE, MARK ANTHONY DUANE DOB/19710306 SOC-OLN/964BB7747 LEE, BOBBI DALE DOB/19811225 SOC-OLN/498XX9356 626 KEYSTONE ST WATERLOO IA 50703-1526 LIT/PC GRY 2012 FORD FORD FUS FUSION SE 4D VIN/ 3FAHPOHG2CR309351 AUTOMOBILE USE/REGULAR VAL CO/BLACK HAWK NO/DAT24203202001 EXP/03-2020 REGISTRATION DATE/2019-04-26 PREV PLATE/Z8504 TITLE DATE/2015-03-25 NO/07AE38066 PREV TITLE CO/ NO/ LIEN/AMERICREDIT FINANCIAL SERVICES INC 4001 EMBARCADERO DR STE 300 , ARLINGTON TX 760144106 2015-03-25 07L05065818 Unit Information: Unit ID Officer 1 Disp Enrte Arriv Clear Total Destination 3E7C C3754 10/13/2019 23:25:19 3G3B W3668 10/13/2019 20:08:01 3W2A K3648 10/13/2019 10:30:45 3W2C B3722 10/14/2019 01:09:49 23:31:02 23:32:50 7 21:17:28 22:33:02 145 10:47:21 17 01:23:29 01:26:44 17 Trans Trans Mile Mile Start Stop Start Stop 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10/21/2019 Pagel 042277 Version 11 WA E or erviee ART ENT ec io rd Call #: 19084545 Lat: 0.000000 Lon: 0.000000 Police Fire Amb Other Premise: CONVENIENT CARE - WATERLOO Grid: 43 F814 F814 9999 Location: 2710 ST FRANCIS DR Beat: W2 38 38 City: WATERLOO St: IA Zip: 50702 CMD Area: P F F Cross Str: WILDWOOD / KING DR Area/Agency: WLPD xWLF bCOV Call Type: SUSP SUSPICIOUS Priority: 5 Reporting Party Information Name: URGENT CARE NURSE/JANET COOK Address: City: Phone; Work Phone: (319)272-8065 St: Zip: Cell: Disposition: NN Disp Desc: NOT NEEDED Actual Type: SUSP SUSPICIOUS by: BREUER,LUCY via: Phone Received: 10/13/2019 (0_, 17:46:51 Custody: Fire Out: Pat Contact: Remarks: - ALL REMARKS ENTERED BY: D15LB A 10/13/2019 17:46:51 URGENT CARE IN PROCEDURE RM COME IN THRU PHYSICIANS CLINIC ENTRANCE PATIENT WITH WOUND FROM RICHOCHET GUN QUANISHA OWE,NS OCCURRED LAST NIGHT AT 0300 AROUND WISHBONE SHE SPOKE TO OFFICER UNK IF HE KNEW THAT SHE WAS HIT BY GUN TIIEY CLOSE AT 1800 ENTERED BY: D15LB (i 10/13/2019 17:47:20 RP WILL CALL WC WITH INFO SINCE THEY ARE CLOSING IN 10 MIN ENTERED BY: D18LH 10/13/2019 18:04:29 SUBJECT LEFT ENTERED BY: D15LB A 10/14/2019 07:01:00 NO CALL IN THAT AREA AROUND THOSE HOURS Unit Information: Times Unit ID Officer 1 Disp Enrte Arriv 3W2B H3789 10/13/2019 17:54:18 3W6B J3784 10/13/2019 17:54:43 Clear Total Destination 17:54:43 0 18:04:31 10 Trans Trans Mile Mile Start Stop Start Stop 0.0 0.0 0.0 0.0 6A. 10/21/2019 Pagd& 0 df1277 Version 0411 WA I 1 CE 1 A TM N Call F crvice Can #: 19085298 Lat: 0.000000 Premise: JEFFERSON STREET MOTORS Location: 2015 JEFFERSON ST City: WATERLOO St: IA Zip: 50701 Cross Sir: 18TH / 19TH Call Type: EXTRA EXTRA ATTENTION Lon: 0.000000 Police Grid: 41 Beat: W2 CMD Area: P Area/Agency: WL Priority: 8 Fire Amb Other F812 F812 9999 38 38 F F 'D xWLF bCOV Reporting Party Information Name: HUSIDIC,AMIR Address: City: Phone: Work Phone: St: IA Zip: Cell: (319)883-3035 Disposition: NR Disp Desc: NO REPORT Actual Type: by: Received: Custody: EXTRA EXTRA ATTENTION BAMFORD,CINDY via: Phone 10116/2019 @ 10:05:37 Fire Out: Pat Contact: Remarks: - ALL REMARKS ENTERED BY: D11CB A 10/16/2019 10:05:37 R/P IS PICKING UP GLASS/LIQUOR BOTTLES/TRASH ON MONDAY MORNING BELIEVE IT COMES FROM 1927 JEFFERSON STREET PEOPLE PARK IN THE AREA ON THE WEEKENDS FOR THE AFTER SET REF TO LT PAYNE 10/21/2019 PagePZ41 aff1277 Version 0411 WAT 0 PO ICE AM ENT 1 or Servic ecord Call #: 19086491 Lat: 0.000000 Premise: GALERIJ A 92 BAR AND GRILL Location: 1927 JEFFERSON ST City: WATERLOO St: IA Zip: 50702 Cross Str: 17TH / 18T1-I Call Type: LOUD LOUD/NOISE/VEHICLE/MA Lon: 0,000000 Grid: Beat: CMD Area: Area/Agency: Police Fire Amb Other 13 F812 F812 9999 01 38 38 P F F WLPD xWLF bCOV CHINER' Priority: 5 Reporting Party Information Name: Address: City: Phone: Work Phone: HOVNITER, 1927 JEFFERSON ST WATERLOO St: IA Zip: 50702 Cell: (319)404-6265 Disposition: NR Disp Desc: NO REPORT Actual Type: LOUD LOUD/NOISE/VEHICLE/MA( by: IIEKEL,LAURIE via: Phone Received: 10/20/1019 (rib 02:34:51 Custody: Fire Out: Pat Contact: Remarks: - ALL REMARKS ENTERED BY: D18LH ci 10/20/2019 02:34:52 A LOT OF CARS AT TIIE RESTAURANT ACROSS THE STREET AND ARE BEING EXTREMELY LOUD ENTERED BY: D20AG A 10/20/2019 02:37:10 Location changed from W 18TH ST/ JEFFERSON ST to 201 W 18TH ST ENTERED BY: D20AG 10/20/2019 02:40:38 Location changed from 201 W I 8TH ST to 1927 JEFFERSON ST ENTERED BY: D20AG ("it 10/20/2019 02:43:24 3W9C Location updated to 1927 JEFFERSON ENTERED BY: D22KF 10/20/2019 02:44:37 ALOT OF CARS IN THE PARKING LOT WITH MUSIC ENTERED BY: D22KF A 10/20/2019 02:50:52 CODE 4 ENTERED BY: 3W9C @i 10/20/2019 02:56:34 CARS IN PRIVATE LOTS WERE CLEARED OUT AND MOVED ALONG. DID OBSERVE SUBJECTS INSIDE OF THE BUSINESS WITH ALCOHOL Unit Information: Unit ID Officer 1 3P4 3W1C 3W1C 3W1C 3W2C 3W9C 3 W9C Times Disp Enrte Arriv Clear Total E3768 10/20/2019 02:41:32 W3712 10/20/2019 02:37:14 W3712 10/20/2019 02:46:13 W3712 10/20/2019 02:56:46 B3722 10/20/2019 02:36:31 S3765 10/20/2019 02:36:31 S3765 10/20/2019 02:43:08 Destination 02:43:31 02:44:58 3 02:41:18 4 02:46:25 0 02:56:53 0 02:43:06 02:55:29 19 02:38:46 2 02:43:29 02:57:04 14 Trans Trans Mile Mile Start Stop Start Stop 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10/21/2019 PageP242 of 277 Version 0411 Payne, Corbin From: Martin .Petersen <Martin.Petersen@WATERLOO-IA.ORG> Sent: Tuesday, October 15, 2019 9:34 AM To: Payne;Corbin.. Subject: ignore fast email 1-3-1: GENERAL PENALTY: The doing of any act prohibited or declared to be unlawful or a misdemeanor by this code, or the omission or failure to perform any act or duty required by this code is, unless another penalty is specified, punishable by a fine in a sum not exceeding five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days. (Ord. 4441, 10-16- 2000) This is the correct one to use. misdemeanor 1 Page 243 of 277 Payne, Corbin From: McGeough, Matthew Sent: Thursday, September 19, 2019 7:42 AM To, .,.-. Payne; Corbin Cc: Bose, Steve; Gann, Spencer; Erie, Greg; Ludwig, Melissa; Schuster, Kristin Subject: Meeting with 1927 Jefferson Ave Attachments: City Code After Hours.pdf; City Application for After Hours Business License.pdf Corbin: We are having problems at another afterhours club that recently was established. I have copied in two emaiis below....one of which has a flyer showing it is a BYOB operation and we have established they are charging cover. With that being said they fall under the city code and must file for a permit/fee for approval (See attached forms). We are starting to get neighbors in the downtown area complaining about the music and problems on Friday and Saturday nights. A recent call is 19-76099 where there were two reporting parties. CJ Nichols said there were several arguments that were close to turning physical when he was down there on that date and he confirmed there was alcohol BYOB that night as well. Please run a search and pull additional calls for both that address and block as I am sure there are more. Below is some contact information for both the owner and the current leaser (Eric Grover). Please set up a meeting with Grover to go over the expectations/laws/permit and we should probably reach out to the owner as well and let him know what is going on so he can avoid a chronic nuisance issue. Grover needs to know he will be the one receiving the afterhours citations if we do not gain compliance. Keep me posted. Thanks, McGeough From: Gann, Spencer Sent: Sunday, September 01, 2019 3:21 AM To: McGeough, Matthew Cc: Erie, Greg; Ludwig, Melissa; Bose, Steve; Schuster, Kristin Subject: 1927 Jefferson Ave Officers have noticed recently that the former Mexican restaurant/bar has had an influx in activity after bar close hours. Tonight I stopped in with Officer Weber to see who is running it. I found it is owned by Lincoln Savings but the contract buyer is Jose Jaramillo of Waterloo. When we walked in we noticed they were charging admission ($5) for entry but there was no alcohol ( that we could obviously see) inside. I made contact with Eric Grover . Grover said he is renting the place from Jose and Grover said repeatedly this is a "restaurant" . I advised him about issues with afterhours clubs and he was very receptive. He said he does have security at the door. Nathaniel Cunningham claims to be a manger her as well. As long as he is not allowing people to bring alcohol inside does that mean he doesn't need a permit from the city? 1 wasn't exactly sure on this . Gann 1 Page 244 of 277 Front: Gann, Spencer <ganns@waterloopolice.com> Sent: Thursday, September 19, 2019 5:05 AM To: Watch III <watch3@waterloopolice.com> Subject: 1927 Jefferson Ave Found this on Facebook about the afterhours club on Jefferson Ave. Last time I was in there I did not see any alcohol inside and they were charging cover for dancing/music. I know there have been some problems here and there but nothing major from what I hear. Eric Grover is the main person there and he was decent with me last time I spoke with him. Grover is in a rental agreement with a local couple in town for the use of this building. If you see people brining alcohol inside of the business or are there on a call and see it please document it. It's obvious with this flier they are operating a BYOB after hours club. tioos t if $"2'• .:. 4n"s416 GOuptt.tv SFPkIm REAYRYSNFOR-rtJ', :TULL FOOD MENU flurxtrawri, We LCa Y_.I LFYE DJ ;CURT ATYFLY.Pt:5.7t 6'!�Y JLrttRstlH 5T WATFRL¢'P, eP�yl� diLI14E 1.15 Ott FAGEMLIOK ,R.THECULTURE319 2 Page 245 of 277 0 Eric Grove (:000,0„, .11110100 1111,1 ,Ipmmill'inn111.1111.1111111111111V,,,,Ilio,, 011111), 1,,,'111,1,.1.11,,1111181Viili,opy,:!:1111111011,!;,,V;i111, Eric Grover Titrileihrae 2019 -,, Octohr ("2 ntro Owrvar and Found w at:The Culture Restaurant ander:Hi S' Studied AA Degree - Business at Purdue UnNersily Global (:) Married Eric Grover hrs The Culture will be open to at llani until 9prn!!! Tuesday, Oct 15, 2019 10:45 AM Page 246 of 277 r.., ntro Be ready to fail 'Cause only then you are ready to succeed ! Restaurant Gener Restaurant and Grill uiture Founder at The Boom Boom Ro�m at Fantasy Theatre Disc Jockey (DJ) at Keyb Founder at Keyb Promo to Former PrOrnOiorl,,, iomotions 1 I , . - at Insomnia,.'N,,:C1,1;4,:,;,„; Former MarKetiii;,',etild0(0,011: Club After 2 . Former Marketing and Promotion C,Ancipin N aes YPage 247 of 277 [111111i11111'1,m, 41P40211sitemit„1, bat .1u1, 111'1 CIA1turE NIMItummytflt 1111111111111000000111 Fru 1AV111111111 1111 III 111„,1 P 1,3 IR $ E S Al 0 EAP 0 5 L C) E PSG NU 5 RI 0 G 0 Iv t„v E E ;?,.f1E4 rk LflfHED ft G F 2 S ES ro '1Ch 11"7 P ,3r s 0 IS NI K„ y E i1000,11111001 410 11144411"11010000!!1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,11, / 4 '0111 hgtillgv1111111111113111311101111,111,1111,1,y,1,011, p„,„,„„dulualthaWaumoollilbulama,,,u4a!,rtfil„„pa „:,1,11120661S IPSY fif,11,1, 1111„, 11111 111111111111110'1'1'1"110 The Culture R ,,staura ,11,V 111111111111 11111 yvill111111111111 11111111111m!!!Hoomonloiviv,vol111,1111111111 „„A:D,„ 11111111111111111111111111111uuloouluoolooilotenour1011111111111111111111111111111111111111111111111111111111111111 ')..11'11.'1);!11111'111.111.1111•11111',,, 1 11111111111111Y,111; III , 1,H1q1111,,1::11;11111d11,11,11',1 '11,111111 dm) Like Keyb September 2 11111111111111111 1000000004 d ar.1s i w th ont y Rey a"nd 3 o 111111 rtdllll 1l'lil4I 11��dl �illj i��d�lllll'�dh,91111111i it 4 iIUllli�', a B OB )am, 5 glass, sta Chat 1111111111111 PVVWvom�olbnly PM •I Grab yo IIVRii',: Chat 9,011 tar h pte 0 PM 11 �ouuuioluiii°1111111111111111), 11111111111111111111 1111111111111111111111111 111111111111 II arson sj�n. iri s Keyb 2'2 hrs Pretty sad when we do everything on the legal stand point to give the community somewhere to enjoy a after hour's spot, go to the extreme to give you all a good atmosphere, people just don't know how to act. We refuse to allow people to throw bottles, their trash, loiter in our neighbor's property who are hard working citizen's. They don't deserve it & we don't deserve nor will accept responsibility far people who refuse to show respect to their communities business's & citizen's. We are all about doing positive thing's for the community. We will continue on with the restaurant being open untill 4a but will not be doing after hour's any more. We will also continue to host private event's n etc before 2am! We thank you all for supporting us & understanding our motives on both a business and civilian aspect. So go like our page because we still got alot in store for you all just not for after hour's unless you hungry for the best food after 2am rA, ! Wednesday, Sep 25, 2019 09:09 AM Page 253 of 277 Eric Gr ver Serytember '24 at 9:57 Attention: Due to the fact people can't respect other people's property e neighborhood,there is no more after hours, after party or atever you want to call it at The Culture, a ks from t e OwnrtII Chat Wednesday, Oct 09, 2019 10:16 AM Page 254 of 277 Josh Keyb Adams Yesterday at I :35 AM • QO 0-70 ,-10-0"00 -0,00010c,"--"",0000,0,0000,00-00,,,"00,01,00-0P,,, Just a reminder there will be NO after hour's tonightust food! Our kitchen is open till 3 30am! Chat 11, 1,1 , 11 10111,1111r ,," 1,11,11111,',0111111110„1,11111, The Culture Restaurant an September 28 at 7:37 PM ft,177/7", 111'1111111111111111 111111111110 Hootun II „I lon000novolvivivivivitoojillivol1111111111111111111111111111111111111111111111111111flolloogpro 01 111111111111111 11111111111111111111' 11111111 1111 11 •111111111,1,1,1,11111111111111111111 1111111111111111111111111111)111 1111111111(111i1 1111111111111111111111',;:,1,1,1,1,1,1,1,1,yn 11111111111111 1.411 oil oil 11111111 11. 1111111111111111111111111111111111111111111011011101111111111111111111111111 1111111111 1111:11111„1„1111111111111111111 11,1,1111111111111""n'..1 1111 1111111111111111 11111111111111111111111111111111111150111110111111111111111111111111111111tiIIIIIIIIIIIIIIIIIIIIIIIIzzl' nfliiittill1111,111111111J111 iiii 110000 11111111111111111111111 111„„„„,li,j1111111,tostessootonolonnoi1111111111111111111111 111111 , 1111111111111 11111111 lovolv)„„„„„ 041„„„„„„„„ Illloolo01111111111111111111111111011))),v,i,v,i,v,i,tv 11111'1'1'1'1'1'1'1'1'1'1'111111111111' 1111111111111111111111111111 1,1,11001 1111111111111111111111111001111111111111111 111111111111111,111111111 1 1h11111111,,, fRolwil1,N1n,101111ii 1,1111,11,1111 tvilivivitt111111111111111111111111111111111 ,uaeaueueueueue5,....1111111111111111 11111115111 I 11111111111111111111111111111111111111111111111 " 1111111111 ovovo0000III 1111111' Im1,111!), 11111111111111111111 HI 1111111111 111111111111111. n1111.11,, 11111111111111111 0,1 00it'l y)t,i1qt41111,/ iN1111flou ,,i1f11111,110,{„, /liyi,t4)6/ , lii ),t1„„IMIIINII, „„„,,,,,,,,jiIIIIIIIIIIIIIIIIIIIIIIIIII": l'' 1111111,61 '11i9111,„, 1111111111111111111111111111111111111111111111 ill un 1111111111111111111111111011 11,,,,1,1,1,,11,1,111lly111111111IIII111111111111101vo011111111111111111111111111111111111111111111'1'111111111111111111111111111" 111111111111111111111 1:H1: !111111111!11111111,11111,11,11111111111111111111,111111111111111111111 1111 „ Wednesday, Oct 09, 2019 09:57 AM Page 256 of 277 HI ahIo y Like 211 L Lk Eri Oro Like ,2k1 You gonna have at eva Wi erne s 50 hati agai 414 );Alf e ConwirierEs hey k 1:11111171111 'c Grover smh! Because it was LIT and no drama ! I wonder how you can get the licensing! know you was make cashhhhh! it was a nice little set too Like :2c1 Dike Turn it into a sports bar an grill hat. Monday, Oct 14, 2019 11:03 AM Page Eric )ctucber 19 at 10A8 Ph/i 4, • Monday, Oct 21, 2019 10:23 AM Page 258 of 277 1 Eric ()ye October 19 at: 246 00000.1000000 Private •Pa y 110,0 11111111 011 He ',enters Chat GI 014 ,,,r9b Monday, Oct 21, 2019 10:22 AM Page 259 of 277 CITY OF WATERLOO Council Communication Motion approving Change Order No. 4, for a total increase of $ 79,216, to Lodge Construction Inc., of Clarksville, Iowa, in conjunction with the 2018 Remedial Actions Phase IIIB, Contract No. 949, and authorizing the Mayor to execute said documents. City Council Meeting: 10/28/2019 Prepared: 10/21/2019 REVIEWERS: Department Reviewer Action Date Waste Maannaagenrnen t bowman, irriaum Approved i0/23/2,0 i9 - i 0:/ i A.M. t."krk Office i^;ven p:.eAnn Approved l i0/2,3/20 9 - i p.33 AM. ATTACHMENTS: Description Type D Change Order No 4 Backup Marten Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve Change Order from Lodge Construction for Contract No 949 Expenditure Required: $ 79,216.00 Source of Funds: Sewer Funds Page 260 of 277 AECOM August 9, 2019 Mr. Randy Bennett, PE Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: 2018 Remedial Actions Phase IIIB Change Order No. 4 NON-SRF City of Waterloo, Iowa City Contract No. 949 AECOM #60604454 Dear Mr. Bennett: The following are included in the attached Change Order Tabulation: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax • Bid Item No. 101-111 — 200 Block of Halstead St. Sanitary Sewer Reconstruction (Add $79,216.00) These bid items were added to replace the damaged sanitary sewer serving the 200 block of Halstead Street. The existing piping was determined to be damaged to the point where it could not be repaired by Cured -In -Place -Pipe (CIPP) lining. The City requested that this work be added to the existing 2018 Remedial Actions Phase IIIB, City Contract No 949. This is a SRF project. This block of Halstead Street was not included in the Intended Use Plan (IUP) and has not been made eligible by IDNR for SRF inclusion. Therefore, the City has requested that this work be added to this project and be paid by a funding source outside of SRF. The Contractor shall submit a separate Pay Estimate that only includes this work and no SRF eligible work. AECOM recommends the City of Waterloo approve Change Order No. 4 for an addition of $79,216.00 and pay for the work with a funding source outside of SRF. P:\60604454\600_Construction_Support\03-PH IIIB\670_Change-Orders\CO NO4\WAT CIPP PH IIIB Change Order No 4-LTR.docx Page 261 of 277 AECOM The following table illustrates the overall change to the project: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com ORIGINAL CONTRACT $ 520,649.23 CO NO. 1 $ (26,275.04) CO NO. 2 $ 27,244.96 CO NO. 3 $ 9,829.19 SRF - ALL CHANGE ORDERS $ 10,799.11 SRF - REVISED CONTRACT $ 531,448.34 SRF - PROJECT CONTRACT CHANGE 2.07% NON-SRF CO NO. 4 $ 79,216.00 NON-SRF REVISED CONTRACT $ 610,664.34 NON -SRF PROJECT CONTRACT CHANGE 17'29% Yours sincerely, Christopher G. Oelkers, P.E. Attachment: As Noted Enclosures: Lodge Construction 200 block of Halstead Street Estimate Change Order No. 4 Tabulation 319-232-6531 tel 319-232-0271 fax P:\60604454\600_Construction_Support\03-PH IIIB\670_Change-Orders\CO NO4MAT CIPP PH IIIB Change Order No 4-LTR.docx Page 262 of 277 LODGE CONSTRUCTION INC. P.O. BOX 459 CLARKSVILLE, IA 50619 Contact: JOHN SENN OR STEVE LODGE Phone: 319-290-5767 OR 319-239-0480 Fax: 319-296-2144 EXCLUSIONS: 1.BOND 2. EROSION CONTROL 3.COMPACTION TESTING 4. SURVEY PLEASE CALL WITH ANY QUESTIONS Job Name: WATERLOO HALSTEAD SANITARY SEWER ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 TOPSOIL 4" IMPORT 361.00 SY 10.00 3,610.00 2 PAVEMENT REMOVAL STOCK AND RESPREAD 867.00 SY 9.00 7,803.00 3 SANITARY SEWER 8" 334.00 LF 89.00 29,726.00 4 SANITARY SEWER SERVICE 6" 111.00 LF 39.00 4,329.00 5 STORM SEWER RCP 24" 314.00 LF 51.00 16,014.00 6 REMOVE STORM SEWER 314.00 LF 10.00 3,140.00 7 REMOVE MANHOLE 1.00 EA 600.00 600.00 8 R.A.P. PER LOAD 10.00 EA 200.00 2,000.00 9 TRAFFIC CONTROL 1.00 LS 2,750.00 2,750.00 10 SEED HYDRO 361.00 SY 4.00 1,444.00 12 MOBILIZATION 1.00 LS 7,800.00 7,800.00 GRAND TOTAL $79,216.00 NOTES: LODGE CONSTRUCTION WOULD ANTICAPATE THE WORK TAKING PLACE IN OCTOBER. Page 1 of 1 Page 263 of 277 7 § REVISED CONTRACT DATES SUBSTANTIAL COMPLETION REVISED CONTRACT DATES REVMED CONTRACT OATES REVISED CONTRACT DATES ORIGINAL CONTRACT DATES SUBSTANTIAL COMPLETION SUBSTANTIAL COMPLETION FINAL COMPLETTION R „.- CI .• 5 5 L- ,- 2 , 2 = ,g,s, ..i p, 8 § ,SSESE.' 5: Rs .28282.2 8 2 2 !. ! ! , Ir! r...Z.,Kg; F, 4 w ,828288.888ErESESE.A. ..........................2CIS4 . i 5.2 .!...g,..,.,-2.-40 0 . 4 - ....t......,.......,.,.,..,... ...1 pmmu : pm:12ww ..,!,.1pAH ....... .5,1 .... 1 rf 1 !ER iE i 17-Ap P4M17701! :7" ''::..!,: , k ill ' . slo .iL p g =... „S !!'2.........E.'2... .................... -g' s',,,,g,',C,' „„„„.„ °, . . , E-,“, ,!,g.,, Hi ,... g-g 0 il ,O) A ... il _ „ i 171,1,11 !,,is! i . w. - Ei,I,,P'rm,°v..g,.5A.,,,,,,,.2.. "(: n-i 0 5-.. ,,, 'c,'§-m,J §,5,:1,15ME .kTNLI,...2R22222...22 Ai i A - ii g,1 limulml,125m11;ggRgimpA ml ! ' I , 1 OS ' 4 1 ' 7,0g.2.itBz147:-:,::,-',.11,212W12121gg figii!:',N:nn1,1Agggg L t 'f. IE ii E I L. LT E,I.,.. frO: iiiiinin,W§A§n,, TIIWT11 1:01i 2 g Milfl '-g ,L, ' hA Page 264 of 277 CITY OF WATERLOO Council Communication Motion to approve Change Order No.1, for a total increase of $ 32,664.35, to Municipal Pipe and Tool Company, LLC of Hudson, Iowa, in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No.962, and authorizing the Mayor to execute said documents. City Council Meeting: 10/28/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date Waste Maonnaagennnen t bowman, Approved i0/23/20 i9 ... i ii,iri A.M_ Clerk Office i^;ven p:.eAnn Approved l i0/2,3/2,0i9 ... i p:p i AM ATTACHMENTS: Description Type D Change. Orden- lfi Backup Marten:. Submitted by: Recommended Action: Expenditure Required: Source of Funds: Submitted By: Brian Bowman, Treatment Operations Supervisor Approve Change Order No.1 from Municipal Pipe and Tool Co. LLC for Contact No.. 962 $ 32,664.35 Sewer funds Page 265 of 277 AECOM October 17, 2019 Mr. Randy Bennett Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa, 50702 Subject: FY 2019 CIP Pipelining Phase IIIC Change Order No. 1 City of Waterloo, Iowa City Contract No. 962 AECOM #60504645 AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com Dear Mr. Bennett: Attached is Change Order No. 1 for the FY 2019 CIP Pipelining Phase IIIC project. The changes are described as follows: 319-232-6531 tel 319-232-0271 fax • The work originally shown on Drawings 8B and 13B was removed from the project. That work is 8-in. CIPP and was removed from Bid Item Nos. 1, 5 and 9. • A 391-ft segment of 12-in. CIPP in Service Area 19 was added to the project in place of the 8-in. CIPP that was removed from Drawings 8B and 13B. The pipe is in bad shape and expected to be lined as part of CIPP Phase IV. This work is included in Bid Item Nos. 3, 7 and 11. • Bid Item Nos. 13 and 14 for Type C Root Removal are estimated quantities. These bid items are adjusted to account for the actual work to date. Also, Lumberjacking to remove excessive scale is added to these bid items. • Bid Item No. 17, Protruding Tap Removal, is being added to the Pay Estimate at a cost of $250 per protruding tap. This unit cost is typical of the industry. The quantity is estimated at 50. • The contractor has requested that the completion date be extended to April 30, 2020, see attached. They are starting approximately 2 months later than expected due to weather and change order delays from the Remedial Actions Phase IIIB project. The lining work will be completed in 2019; however, due to the delays and onset of winter, the lateral grouting will not be completed until 2020. AECOM has reviewed the work described in this change order. We recommend that the City of Waterloo approve Change Order No. 1 for the project addition of $32,664.35 and the revised completion date of April 30, 2020. This change order is an overall contract addition of 8.66% and adjusts the contract to the amount of $409,917.10. AECOM will deliver five (5) wet -signed copies of the Tabulation and Signature Form to the City Clerk for the Mayor to Sign. Three (3) of those copies will be sent to IDNR for SRF approval. Yours sincerely, Christopher G. Oelkers, P.E. Enclosure: Change Order No. 1 Tabulation and Signature Form Time Extension Request P:\60604454\600_Construction_Support\04-PH IIIC\670_Change-Orders\CO NO 1\Wat CIPP PH IIIC - Change Order No 1 LTR.docx Page 266 of 277 REVISED CONTRACT DATES W z 0 SUBSTANTIAL COMPLETION 0 0 M 0 FINAL COMPLETTION ORIGINAL CONTRACT DATES W Z 0 z SUBSTANTIAL COMPLETION FINAL COMPLETTION U W N r = a 0 z d z 1:2J N a • Da) • Lim o 03 O t V cQ y O 0 V .� O U. 0 5 0 o co o co 0 z U cu 0 0 U W Thursday, October 17, 2019 Change Order No. 1 QUANTITY UNIT PRICE AMOUNT $ 191,675.00 $ 15,705.00 0 0 tn•1 V 0 0 0 N $ 1,237.40 $ 301.00 o 0 r N m V N $ 20,879.25 $ 1,187.10 0 0 $ 12,500.00 $ 377,252.75 $ 32,664.35 $ 32,664.35 O o n 41 00 QI or 0 a yr $ 27.75 $ 43.00 $ 0.50 $ 0.50 $ 0.50 $ 0.50 $ 1.25 $ 1.75 $ 2.50 $ 3.00 $ 250.00 ORIGINAL CONTRACT CO NO. 1 ALL CHANGE ORDERS REVISED CONTRACT PROJECT CONTRACT CHANGE 0 o u1 m C� 1,237.4 301.0 0 o m O� 2,474.8 602.0 0 0 o NO C1 1,237.4 301.0 ^ n N N W M o o N N m m 0 N Bid QUANTITY UNIT PRICE AMOUNT $ 201,925.00 $ 15,705.00 $ 23,476.50 $ 12,943.00 $ 9,850.00 $ 698.00 $ 846.00 $ 301.00 N N $ 1,057.58 $ 526.75 $ 1,975.00 $ 294.0D $ 21,150.00 $ 73,320.00 $ 377,252.75 $ 27.75 $ 43.00 $ 0.50 $ 0.50 $ 1.25 $ 1.75 $ 2.50 $ 3.00 846.0 301.0 19,700.0 1,396.0 9,850.0 698.0 ~ Z LL LL J � LL LL J � LL LL J � LL LL J � LL LL J � LL LL J � LL LL J J Q Q W W Q W DESCRIPTION 0 m 8" Diameter CIP Pipe Lining 10" Diameter CIP Pipe Lining 12" Diameter CIP Pipe Lining 15" Diameter CIP Pipe Lining Pipe Televising - 8" Pipe Televising - 10" Pipe Televising - 12" Pipe Televising - 15" Pipe Cleaning - 8" Pipe Cleaning - 10" Pipe Cleaning -12" Pipe Cleaning - 15" Type C Root Removal - 8"-10" Type C Root Removal - 12"-15" Lateral Reinstatement 3-FT Lateral Grouting Protuding Tap Removal o Z — N M v un m, m a a a CHRISTOPHER G. OELKERS, PE License No. 22053 Page 267 of 277 CONTRACT CHANGE ORDER Owner: City of Waterloo Change Order No.: 1 MPT Project #: 2019-04 Location: City of Waterloo City Project No.: 962 Contractor: Municipal Pipe Tool Co. LLC PO Box 398 Hudson, IA 50643 Date: June 30, 2019 You are hereby requested to comply with the following changes from the contract plans and specifications: Justification: MPT requested more time so that Lodge Construction could complete the excavation work on the CIPP lines entirely before MPT started cleaning and TV work on the project which pushes back the CIPP and grout work as well. This is an extension request to accommodate those changes. Item No. 1 2 Change Order $ The Contract Period provided for completion increase by days: This document will become a supplement to the contract and all provisions will apply hereto. Requested: Contractor: Municipal Pipe Tool Co. LLC Title: Project Manager Accepted: Owner: Title: City of Waterloo to April 30, 2020 Date: June 30, 2019 Date: Page 268 of 277 CITY OF WATERLOO Council Communication Motion approving Change Order No. 5, in the amount of $ 31,575.10, to Lodge Construction, Inc., of Clarksville, Iowa, in conjunction with the Waste Water Treatment Plant 2018 Remedial Actions Phase IIIB, Contract No. 949, and authorizing the Mayor to execute the said documents. City Council Meeting: 10/28/2019 Prepared: 10/22/2019 REVIEWERS: Department Reviewer Action Date Waste Maannagenrnen t bowman, irria .n Approved i0/23/2,0 i9 ... i 0:/ i A.M_ &."krk Office i^;ven p:..Annb Approved i0/2,3/2,0i9... i p:0 A M ATTACHMENTS: Description Type D Change Order NGDo 5i...,�rd s ("aura tnm Backup Marten Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve Change Order from Lodge Construction for Contract No. 949 Expenditure Required: $ 31,757.10 Source of Funds: Sewer Funds/SRF Page 269 of 277 AECOM October 10, 2019 Mr. Randy Bennett, PE Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: 2018 Remedial Actions Phase IIIB Change Order No. 5 City of Waterloo, Iowa City Contract No. 949 AECOM #60604454 Dear Mr. Bennett: The following are included in the attached Change Order Tabulation: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax • Bid Item Nos. 5D-G (Add $31,757.10): These bid items were added at the direction of the City of Waterloo Engineering Department. AECOM was directed by Engineering in regard to what pavements were to be removed and which were to be protected during the design phase of this project. Once construction commenced at Sumner Street, it was discovered that the curbing on Sumner Street was highly deteriorated. Engineering directed AECOM and the contractor to remove the curbing. These bid items are to remove and replace the curbing, including other elements effected by the curb removal. AECOM recommends the City of Waterloo approve Change Order No. 5 for an addition of $31,757.10. AECOM will deliver five (5) wet -signed copies of the Tabulation and Signature Form to the City Clerk for the Mayor to Sign. Three (3) of those copies will be sent to IDNR for SRF approval. The following table illustrates the overall change to the project: ORIGINAL CONTRACT $ 520,649.23 CO NO. 1 $ (26,275.04) CO NO. 2 $ 27,244.96 CO NO. 3 $ 9,829.19 CO NO. 5 $ 31,757.10 SRF - ALL CHANGE ORDERS $ 10,799.11 SRF - REVISED CONTRACT $ 563,205.44 SRF PROJECT CONTRACT CHANGE 2.07% NON-SRF CO NO. 4 $ 79,216.00 CITY - REVISED CONTRACT $ 642,421.44 CITY - PROJECT CONTRACT CHANGE 17.29% Yours sincerely, Christopher G. Oelkers, P.E. Enclosures: Change Order No. 5 Tabulation P:\60604454\600_Construction_Support\03-PH IIIB\670_Change-Orders\CO NO 5\WAT CIPP PH IIIB Change Order No 5-LTR.docx Page 270 of 277 1 TANTIAL COMPLETIO 0 TANTIAL COMPLETION FINAL COMPLETTION EVISED CONTRACT DATES SUBSTANTIAL COMPLETION FINAL COMPLETTION FINAL COMPLETTION , 'i tt ,, 1 ' : , '8 , i$ ' ' , , , , 8:., , , 9'1 : ' c'o 'i:; 1; ; 'Pl'''''':-.1iS1 r 1 •“,''-',' i,.....f , .;:iff;', '81! -. — '''':,' 1 ' ' ”iii .. 'F* S' ' ' ' : ' '' -' � Ili 'ti I1 2 rirti h .2"'' F''' ' 7 Itt II � t.:,,) 119r, Itt Page 271 of 277 CITY OF WATERLOO Council Communication Motion approving Change Order No. 5, for a total increase of $ 56,439, to WHR Inc., of South Amana, Iowa, in conjunction with the Waste Water Treatment Plant Satellite Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said documents. City Council Meeting: 10/28/2019 Prepared: 10/22/2019 REVIEWERS: Department Reviewer Action Date Waste Maannaagenrnen t bowman, irriaum Approved i0/23/2,0 i9 - i 0:/ i A.M_ Cpa;rk Office i^;ven p:.eAnn Approved l i0/2,3/2,0i9 - i p.i4 AM. ATTACHMENTS: Description Type D Change Order NGDo 5 Backup Marten Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve Change Order No 5 from WHR Inc. for Contract No. 907 Expenditure Required: $ 56, 439.00 Source of Funds: Sewer Fund Page 272 of 277 AECOM October 23, 2019 Mr. Randy Bennett Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Change Order No. 5 Satellite Wet Well Rehabilitation Waterloo, Iowa City Contract No. 907 AECOM #60488465 Dear Mr. Bennett: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax Enclosed please find Change Order No. 5 for the above -referenced project. As part of the original Contract, there are a number of pipes to be coated in the Raw Wastewater Pumping Station Building. At some of the pipe joints, there appears to be excessive corrosion occurring, and the integrity of some of the bolts at the joints are in question. This Change Order would include providing a media blast at the joints and replacement of bolts that have deteriorated. It is recommended to move forward with this Change Order No. 5 in the amount of $56,439.00. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, Ross A. Hillsman, PE Enclosure: As Noted c: WRH, Inc. P:\60488465\600_Construction_Support\670_Change-Orders\2019-10-23 CO #5 - Trnsmtl to Randy Bennett Waterloo Satellite Wet Well Rehab (003).docx Page 273 of 277 CHANGE ORDER NO. 5 Owner: City of Waterloo Project: Satellite Wet Well Rehabilitation Date: October 23, 2019 Owner's Contract No.: 907 Contractor: WRH, Inc. Date of Contract Start: $ Original Contract: $1,839,380.00 You are directed to make the following changes in the Contract Documents. Description: Add media blast joints on piping to be coated in the Raw Wastewater Pumping Building. Replace bolts at joints as needed with B7 Heavy Hex Plain Finish (up to approximately 1,700 bolts [varying sizes]). NET ADD $56,439.00 Reason for Change Order: There are a number of pipes to be coated in the Raw Wastewater Pumping Building as part of the original Contract. There appears to be excessive corrosion occurring at some of the pipe joints, and the integrity of some of the bolts at the joints are in question. This addition would include providing a media blast at the joints and replacement of bolts (up to approximately 1,700) that have deteriorated. Labor and Materials will be tracked during this construction activity. CONTRACT PRICE Original: $ 1,839,380.00 Original: Previous C.D.s (ADD/DEDUCT): $ 93,453.00 Previous C.D.s (ADD/DEDUCT): This C.O. (ADD/DEDUCT): $ 56,439.00 This C.O. (ADD/DEDUCT): Contract Price With All Approved Change Orders: $ 1,989,272.00 REVISED: Original Completion Date: Revised Completion Date: CONTRACT TIMES (Calendar Days) To Substantial To Final Completion Completion 4 October 1, 2019 To be Determined It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO APPROVED: By: City of Waterloo (Authorized Signature) ACCEPTED: By: Date: WRH, Inc. (Authorized Signature) Date: AECOM 60488465 5 Project No. Change Order No. Page 1 of 1 P:\60488465\600_Construction_Support\670_Change-Orders\2019-10-22-CO#5- Satellite Wet Well - WRH (002).doc Page 274 of 277 CITY OF WATERLOO Council Communication 4:10 p.m. Work Session, Harold E. Getty Council Chambers City Council Meeting: 10/28/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office F c,hchl', Kelley Approved p 0/2..>/2,0 d Submitted by: Submitted By: Page 275 of 277 CITY OF WATERLOO Council Communication Communication from the Leisure Services Park - Forestry Department on the notice of the conclusion of employment for Crager Cook, Park Maintenance II, effective October 2, 2019 with recommendation of approval of payout of $2,834.51 for unused benefits. City Council Meeting: 10/28/2019 Prepared: REVIEWERS: Department Reviewer Action Date RZc on rces Dann, ance Epp roved i0/18/20 R9 .. 4:3P MI ➢iftic, RR by Nancy Approved R0/2,,2/2,0p9.... pR:Ril➢AM. ATTACHMENTS: Description SUBJECT: Type Communication from the Leisure Services Park - Forestry Deparliiient on the notice of the conclusion of employment for Crager Cook, Park Maintenance II, effective October 2, 2019 with recommendation of approval of payout of $2,834.51 for unused benefits. Submitted by: Submitted By: Page 276 of 277 CITY HALL To: City Council Members Re: Notice of Severance Department Leisure Services 715 MULBERRY STREET 50703 Today's Date: 10/4/2019 Effective Date: 10/2/2019 Employment Date: 7/20/2010 Job Title/Classification This is to report that the employment of Park Maintenance II Forestry with the City of Waterloo has been severed by reason of: Crager Cook 10347 El Retired Disability Related [i] No 0 Yes E,1 Resigned Li Termination 0 Other In accordance with City Policy, it Is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 90 27.17 2,445.30 Vacation -Current 0 - Usable Sick Leave 22.5 27.17 (x) 25% 152.83 Frozen Sick Leave 0 (x) 60% - Personal Hours 8.7 27.17 236.38 Comp Time Pay - Unscheduled Leave - Other Pay - Total Payment $ 2,834.51 Approved by Human Resource Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward copy of approved form to Council Agenda Date: (Copy in Personnel File) Department and Human Resources 0 Accruals DStatus 0-9 Date Date /0 7—/5") 10ht \It) Updated 6/28/11 Page 277 of 277