HomeMy WebLinkAboutCouncil Packet - 2/4/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAR OLD E. GETTY COUNCIL CHAMBERS
Tuesday, February 4, 2020
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 department.
5. Keep comments germane and refrain from personal, impertinent or slanderous remarks.
6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office
at 291-4323.
7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the
day of the City Council meeting to appear before the City Council (may also register by
phone). Registered speakers will be given first priority.
Page 1 of 162
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Dave Boesen, At -Large Council Member
Agenda, as proposed or amended.
Minutes of January 27, 2020, 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 the request of Image Pointe for tax exemptions on the
construction of a commercial building addition and other improvements valued at
$1,505,171, for property located at 1224 La Porte Road, and located within the
Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
3. Resolution approving the request of Shauna Lewis for tax exemptions on the
construction of home improvements/remodel, valued at $126,000, for property
located at 1620 Oakwood Drive, and located in the Consolidated Urban
Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
4. Resolution approving the request of JSA Development for tax exemptions on the
construction of building improvements/remodel, valued at $800,000, for property
located at 323-329 E. 4th and 522 Mulberry Street, and located in the
Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
5. Resolution approving the request of JSA Development for tax exemptions on the
construction of building improvements/remodel, valued at $800,000, for property
located at 515 E. 3rd Street, and located in the Consolidated Urban Revitalization
Page 2 of 162
Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
6. Resolution approving the request of JSA Development for tax exemptions on the
construction of building improvements/remodel, valued at $2,000,000, for property
located at 610-616 Mulberry Street, and located in the Consolidated Urban
Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
7. Resolution approving the request of Abigail R. Schares for tax exemptions on the
construction of a single family home valued at $156,558 for property located at
1011 Vermont Street, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
8. Resolution approving the request of Pttumg Antt Huynh for tax exemptions on the
construction of a single family home valued at $215,000 for property located at
1132 Hummingbird Circle, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
9. Resolution setting date of public hearing as February 17, 2020 to approve the
request by Marvin Richardson and Charles and Bobbi Stocks to vacate, sell and
convey an existing 14 foot wide alley, located adjacent to 136 Smith Street and
421 Cherry Street between Smith and Cherry Streets, with a portion being
conveyed to Marvin Richardson in the amount of $599.76, and a portion being
conveyed to Charles and Bobbi Stocks in the amount of $336.80, and instruct the
City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution setting date of public hearing as February 17, 2020, for the sale and
conveyance of City property, located at 1809 Black Hawk Street, to 3 Little
Lambs, LLC, in the amount of $1.00, and approving a Development
Agreement and Minimum Assessment Agreement for the construction of a new
commercial building, 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. Kelly Martin *AMENDED*
Class/Meeting: Lead Inspection Risk Assessor Certification - Third Party
Test
Destination: Cedar Rapids, IA
Dates: January 28, 2020
Amount not to exceed: $140
b. Noel Anderson, Community Planning and Development Director
Class/Meeting: 2020 Cedar Valley Coalition
Destination: Washington, D.C.
Dates: April 20-22, 2020
Amount not to exceed: $1,920
Page 3 of 162
c. Luke Even, Forestry Foreman; Phillip Thompson, Glenn Bearbower
and Robert Thompson, Park Maintenance II
Class/Meeting: Rochester Arborist Workshop
Destination: Rochester, MN
Dates: February 20, 2020
Amount not to exceed: $500
d. Luke Even, Forestry Foreman
Class/Meeting: Tree Risk Assessment Qualification Renewal Course
Destination: Grinnell, IA
Dates: April 15, 2020
Amount not to exceed: $260
e. Travis Ihnen, Medical Officer; Erica Christiansen, Medical Services
Specialist
Class/Meeting: ESO Wave 2020 Training Academy
Destination: Austin, TX
Dates: February 23-27, 2020
Amount not to exceed: $5,237
f. Firefighter Sam Hess; Engineer Chris Linder; Lieutenants Wass and
Donohue
Class/Meeting: Fire Department Instructors Conference
Destination: Indianapolis, IN
Dates: April 21-23, 2020
Amount not to exceed: $1,620
Pat Treloar, Fire Chief; Jason Hernandez, Medical Supervisor
Class/Meeting: ESO Wave 2020 - ESO Training Academy
Destination: Austin, TX
Dates: February 26-28, 2020
Amount not to exceed: $1,601
h. Julie Dawson, Executive Director; Beverly Cosby, Housing
Coordinator; and (1) Bookkeeper/Administrative Assistant
Class/Meeting: Iowa National Association of Housing and Rehabilitation
Officials 2020 Annual Conference/Training
Destination: West Des Moines, IA
Dates: April 6-8, 2020
Amount not to exceed: $2,355
g.
2. LIQUOR LICENSES
a. Legends Sports Grill, 118 Commercial Street
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 1/21/2021
b. HyVee Food Store #1, 2834 Ansborough Ave *Ownership Update*
Page 4 of 162
Class: E Liquor / B Wine / C Beer
New Application Includes Sunday
Expiration Date: 3/23/2021
c. HyVee Gas #3, 1512 Flammang Drive *Ownership Update*
Class: C Beer
New Application Includes Sunday
Expiration Date: 8/27/2020
d. Elitte Cafe Bar, 1108 Jefferson Street
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date: 2/7/2021
3. APPOINTMENTS
a. Scott Wienands
Board/Commission: Water Works Board
Expiration Date: February 3, 2026
Re -Appointment
b. Edward Ottesen
Board/Commission: Historic Preservation Commission
Expiration Date: February 3, 2023
Re -Appointment
c. Matthew Gilbert
Board/Commission: Historic Preservation Commission
Expiration Date: February 4, 2023
New Appointment
4. Recommendation of appointment of Craig Laue, from the Civil Service list, to the
position of Development and Marketing Manager at the Waterloo Center for the
Arts, effective February 17, 2020.
Submitted By: Kent Shankle, Cultural and Arts Director
PUBLIC HEARINGS
2. Request by New Star for a Site Plan Amendment in the "S-1" Shopping Center
District for exterior changes to the existing building located at 315 Fletcher
Avenue.
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 the Planning, Programming and Zoning Commission.
Motion to receive, file, consider and pass for the first time an ordinance to approve the
request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District
for exterior changes to the existing building located at 315 Fletcher Avenue, and
instruct the City Clerk to publish notice.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt the ordinance.
Page 5 of 162
Submitted By: Noel Anderson, Community Planning and Development Director
RESOLUTIONS
3. Resolution approving Right -of -Way License Agreement with WIN, LLC, to allow use of
city right-of-way for a communication system, and authorizing the Mayor and City Clerk
to execute said document.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
4. Resolution approving Completion of Project and Acceptance of Work, for work
performed by K & W Electric, Inc., of Cedar Falls, Iowa, and release of retainage in the
amount of $25,000, in conjunction with the 5th and 6th Street Traffic Safety
Improvements Project, Iowa DOT Project Number CS-TSF-8155(749)--85-07, and
authorizing the Mayor to execute said document.
Submitted By: Mohammad Elahi, Traffic Engineer
5. Resolution approving a Master Services Agreement with AECOM Technical Services,
Inc., of Waterloo, Iowa, for consulting services, in conjunction with FY 2020-2024 FAA
funded Waterloo Regional Airport development projects, and authorizing the Mayor to
execute said document.
Submitted By: Keith Kaspari, Airport Director
6. Resolution approving a Professional Services Agreement with AECOM Technical
Services, Inc., of Waterloo, Iowa, in an amount not to exceed $194,100, in conjunction
with the Waterloo Regional Airport FY 2020 FAA approved projects, and authorizing
the Mayor to execute said document.
Submitted By: Keith Kaspari, Airport Director
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
4:25 p.m. Council Work Session, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
Page 6 of 162
CITY OF WATERLOO
Council Communication
Minutes of January 27, 2020, Regular Session, as proposed.
City Council Meeting: 2/4/2020
Prepared:
REVIEWERS:
Department Reviewer Action
Clerk Office Higby, Nancy Approved
ATTACHMENTS:
Description Type
❑ Minutes of January 27, 2020 Backup Material
Submitted by: Submitted By:
Date
1/29/2020 - 10:27 AM
Page 7 of 162
January 27, 2020
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, January 27, 2020. Mayor Quentin Hart in the Chair. Roll Call:
Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Randy Bennett, Public Works Division Manager
157350 - Juon/Morrissey
that the Agenda, as amended, by deleting Item 1A3, Resolution approving the request of Scott
Hambly for tax exemptions on the construction of home improvements valued at $30, 000, for
property located at 1516 Newell Street and located in the Consolidated Urban Revitalization Area
(CURA), to finalize building inspections and permits, for the Regular Session on Monday, January
27, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
157351 - Juon/Morrissey
that the Minutes, as proposed, for the Regular Session on Tuesday, January 21, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Recognition of Julie Dawson for 30 Years of Service.
ORAL PRESENTATIONS
John Sherbon, 1715 Robin Road, commented that he is confused about why the city is leasing a
property near the bowling alley and believes it is for the business to put snow.
Forrest Dillavou, 1725 Huntington Road, commented that he is concerned about a home located at
915 Linden. Operation Threshold and other charitable organizations have helped people to inhabit
this home and is concerned where the people will go. He asked if the city will pay to relocate this
family.
David Dryer, 3145 W. 4th Street, requested clarification on what regulations are requiring sprinklers
at the warming center but not at the airport. He commented that he does not support closing runway
6/24.
Mrs. Klein commented that she is excited to see RAGBRAI coming to Waterloo. She stated that she
had a conversation with a council member about seconding the motion to rescind the ban the box
ordinance and the colleague agreed to do so. She expressed thanks for that member's willingness to
work together. She further stated that she had a phone call later from that same council member who
said that they would no longer be seconding the motion due to phone calls from other council
members. She stated that she wants to pull off the consent agenda because transparency is needed.
Mr. Morrissey commented on a previous action by council, downtown snow removal and the
warming center.
Mayor Hart provided an update on the warming center. He explained how the consent agenda
works.
157352 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
157353 - Juon/Morrissey
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
Page 8 of 162
January 27, 2020 Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated January 27, 2020,
in the amount of $1,559,910.28, a copy of which is on file in the City Clerk's office, together
with recommendation of approval of the Finance Committee. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-58.
157354 - Klein/Morrissey
2. Resolution approving the request of Brian and Brenda Holman for tax exemptions on the
construction of a new single family home valued at $240,000, for property located at 711
Short Street and located in the Consolidated Urban Revitalization Area (CURA). Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-59.
3. Resolution approving the request of Scott Hambly for tax exemptions on the construction of
home improvements valued at $30,000, for property located at 1516 Newell Street and
located in the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. No. 2020
157355 - Klein/Morrissey
4. Resolution approving the request of Shawn Hoosman for tax exemptions on the construction
of a garage and home improvements valued at $30,000, for property located at 333 Wendell
Court and located in the Consolidated Urban Revitalization Area (CURA). Roll call vote -
Ayes: Seven. Motion carried.
Mrs. Klein requested an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2020-60.
157356 - Klein/Morrissey
5. Resolution approving the request of Ron Knudsvig for tax exemptions on the construction of
a single family home valued at $650,000 for property located at 4847 Shelley Court, and
located in the City Limits Urban Revitalization Area (CLURA). Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-61.
157357 - Klein/Morrissey
6. Resolution approving the request of Ian Crowther -Green for tax exemptions on the
construction of a single family home valued at $303,675 for property located at 1306
Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-62.
157358 - Klein/Morrissey
7. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date
of bid opening as February 13, 2020, and date of public hearing as February 17, 2020, for the
FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and
instructing the City Clerk to publish said notice. Roll call vote -Ayes: Seven. Motion carried.
Mr. Morrissey commented that there were no attachments on Item 7 and 8 and does not want
to vote to approve a resolution without a chance to review the documents.
Jamie Knutson, City Engineer, explained that for the past 25 years, this has been the way
these projects have been put on the agenda. He further explained that the plans for this
Page 9 of 162
January 27, 2020 Page 3
project alone are approximately 130 pages, and the specs book are a couple of hundred pages
and he is happy to provide council with copies.
Mayor Hart questioned what information is made available for viewing following the bid
opening and public hearing.
Jamie Knutson provided an overview of the process and explained that plans and specs are
available in the Engineering Department for council and public review.
Kelley Felchle, City Clerk, explained the need for the wording used in resolutions 7 and 8,
and gave an example of wording that could be added in lieu of providing the large
attachments.
Resolution adopted and upon approval by Mayor assigned No. 2020-63.
157359 - Klein/Morrissey
8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as February 27, 2020, and date of public hearing as March 2, 2020, for the FY
2020 University Avenue Reconstruction - Phase 3 from Evergreen Avenue to Highway 63,
Contract 971, and instruct City Clerk to publish said notice. Roll call vote -Ayes: Six. Nays:
One (Morrissey). Motion carried.
Mr. Juon commented on the size of the documents and questioned why it is unacceptable to
Mr. Morrissey to review the large documents in the Engineering Department.
Mr. Morrissey provided a response and considerable discussion ensued on the issue.
Mrs. Klein call the question.
157360 - Morrissey/Feuss
to postpone for one week to allow council to review preliminary plans. Roll call vote -Ayes:
One. Nays: Six (Juon, Boesen, Amos, Klein, Feuss, Grieder). Motion failed.
Jamie Knutson explained the importance of the timing and noted that are consequences and
additional costs involved to redo plans and specs if the resolution is postponed. He further
urged council to approve the resolution and allow the bidding process to continue.
Mr. Morrissey explained the reason he wants to postpone the item is because he believes the
preliminary plans have changed since he last voted on the issue.
Jamie Knutson commented that nothing has changed in the plans from what was previously
presented.
Resolution adopted and upon approval by Mayor assigned No. 2020-64.
157361 - Morrissey/Amos
9. Resolution approving request to seek proposals for Digital Signage System Design, Upgrade
and Installation for the Waterloo Public Library. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-65.
Page 10 of 162
January 27, 2020
Page 4
157362 - Klein/Amos
a.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Todd Derifield, City
Forester
Iowa State University
Shade Tree Short Couse
Ames, IA
February
26-27, 2020
$288
Voice vote -Ayes: Seven. Motion carried.
157363 - Klein/Amos
b.
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Officers Ehlers,
Northup and
Woodward
Physical Surveillance
School
Des Moines,
IA
March 9-13,
2020
$400
Voice vote -Ayes: Seven. Motion carried
157364 - Klein/Amos
c.
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Sgt. Hoelscher
Open Sight Rifle
Instructor Recertification
Des Moines,
IA
November
13, 2019
$175
Voice vote -Ayes: Seven. Motion carried.
157365 - Klein/Amos
2.
a.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Amalgamated Local 838
UAW, 2615 Washington
Street
C Liquor w/Outdoor
Service
Renewal
2/29/2020
Mr. Morrissey questioned if the new license application is connected with the signage and
commented that the establishment had been out of compliance.
Kelley Felchle explained that signage and liquor licenses were handled separately.
Noel Anderson, Community Planning and Development Director, explained that he would
follow up on the compliance issue.
Voice vote -Ayes: Seven. Motion carried.
157366 — Klein/Amos
b.
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
New Star Fletcher, 315
Fletcher Avenue
B Wine / C Beer / E
Liquor
Voice vote -Ayes: Seven. Motion carried.
New
1/29/2021
x
157367 — Klein/Amos
Page 11 of 162
January 27, 2020
Page 5
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Brad Condon
Board of Adjustment
February 2, 2025
Re -Appointment
Voice vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
157368 - Amos/Feuss
that proof of publication of notice of public hearing on Wastewater Treatment Plant Biosolids
Modifications, Contract No. 994, as published in the Waterloo Courier on January 13, 2020, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
157369 - Amos/Feuss
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
157370 - Amos/Feuss
that "Resolution confirming approval of specifications, bid documents, etc.", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-66.
157371 - Amos/Feuss
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-67.
157372 - Amos/Feuss
Motion to receive and file and instruct City Clerk to read bids and refer to Treatment Operations
Supervisor for further review.
Base Bid Estimate: $16,275,000
Alt. 1 Outdoor Loadout - $ 200,000
Alt. 2 Chemical Building - $ 1,020,000
Alt. 3 Primary Sludge - $ 360,000
Alt. 4 Boilers - $ 305,000
Bidder
Bid Security
Bid Amount
WRH, Inc.
Amana, IA
5%
Base Bid $18,200,000
Alt. 1 $132,000
Alt. 2 $990,000
Alt. 3 $518,000
Alt. 4 $296,000
Woodruff Construction LLC
Waterloo, IA
5%
Base Bid $16,587,300
Alt. 1 $199,000
Alt. 2 $840,000
Alt. 3 $374,000
Alt. 4 $266,000
Page 12 of 162
January 27, 2020
Page 6
Williams Brothers
Construction, Inc. Peoria, IL
5%
Base Bid $18,150,000
Alt. 1 $100,000
Alt. 2 $740,000
Alt. 3 $640,000
Alt. 4 $260,000
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
157373 - Morrissey/Boesen
that "Resolution approving an amendment to the City of Waterloo Policy Regarding Residency of
Critical Municipal Employees and City Department Heads by removing fire fighters, Waterloo Fire
Rescue medical supervisors, and Regional Training Center Coordinator, from the policy", be
adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried.
Forrest Dillavou, 1725 Huntington Road, commented that he does not support this resolution as it
will have a serious impact on safety. He commented that critical city employees should live within
city limits.
David Dryer, 3145 W. 4th Street, questioned why these employees would not want to live in the city.
Mrs. Juon questioned how the restriction is impacting searching for talent. She also questioned how
residency impacts call backs.
Pat Treloar, Fire Chief, explained that they would like to see the certified list include a certain type
of prospective employee that already possessed the required certifications and believes that
eliminating the restriction will increase that likeliness.
Mrs. Juon questioned how many times the city has had to call people in for an emergency
Pat Treloar commented that a 32-year employee has had to be called back only once.
Mr. Grieder questioned how this policy compares to other cities in Iowa and if their communities
have burned down.
Pat Treloar commented that the amendment would make the residency restriction comparable to
other large communities in the state.
Mr. Boesen commented that he supports the policy amendment and believes it will help with
recruitment efforts. He stated that during the course of his employment the mileage was reduced and
found the policy very restrictive. He does not believe that this amendment will cause employees to
leave the city.
Mrs. Klein commented that she prefers that the people who protect the city, live in the city.
Mr. Morrissey questioned how many critical employees the policy will cover.
Pat Treloar commented that it would exclude every employee except for the Fire Chief.
Mr. Morrissey questioned if other departments could do the same thing.
Pat Treloar commented that the amendment is for the Fire Department but that it is possible that
other departments may follow suit.
Mr. Morrissey commented that the policy change does not set a 60-mile radius.
Pat Treloar commented that they will adopt a departmental policy requiring a 60-mile radius and it
will be included in the job descriptions.
Mr. Morrissey expressed his confidence and support of Chief Treloar's decisions regarding the fire
department.
Page 13 of 162
January 27, 2020 Page 7
Mr. Amos commented that the department heads are here because they're trustworthy individuals
and that they know what's best for the city. He stated he supports the policy and the fire department.
Mr. Feuss commented that the city needs to attract the best employees and that the city needs to be
open minded and competitive with other communities.
Mayor Hart questioned how many fighters live in Waterloo
Pat Treloar explained there are approximately 45 firefighters that live in the city.
Mrs. Klein commented that 60 percent of the fire fighters do not live in Waterloo and stated that we
are going to see employees leave.
Mayor Hart spoke on the importance of having critical need staff within a 10-15 minute drive from
the city.
Resolution adopted and upon approval by Mayor assigned No. 2020-68.
157374 - Feuss/Grieder
that "Resolution approving and accepting a Sanitary Sewer Easement Agreement in the amount
$25,000, with JARF, LC, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension,
Contract No. 986, located at 1369-1425 Martin Road, 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. 2020-69.
157375 - Morrissey/Amos
that "Resolution approving Supplemental Agreement No. 2 with Ament Design, in an amount not to
exceed $50,543.30, for construction review services, in conjunction with pavement widening of
Ansborough Avenue, from Black Hawk Road, north 0.1 Miles, to Downing Avenue, DOT Project
Number STP-A-8155(757)--86-07, and authorizing the Mayor to execute said document", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Don Share, 1415 Downing Avenue, questioned if this item has anything to do with property located
Downing and Ansborough.
Sandie Greco, Traffic Operations Director, commented that the property is part of the project and
has agreements in place with the property owners.
Resolution adopted and upon approval by Mayor assigned No. 2020-70.
157376 - Boesen/Amos
that "Resolution approving declaring a climate crisis and requesting immediate and accelerated
action to address the climate crisis and keep global warming to 1.5 degrees Celsius", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Cheryl Christiansen, 1702 E. Mitchell, stated that she shared an article with the council that states
that climate change is a hoax. She asked that the council not adopt the resolution and do more
research on global warming She noted two areas in the world that are causing a change in the
weather patterns.
John Sherbon, 1715 Robin Road, commented that the city does not have the funding to carry out this
resolution. He stated that this is already controlled by state and federal law and that the cost to the
city is tremendous.
David Dryer, 3145 W. 4th Street, questioned how much the resolution would cost the citizens of
Waterloo.
Page 14 of 162
January 27, 2020 Page 8
Mr. Grieder commented that the newspaper shared with council is not a newspaper. It is a website
written by an Anti -Semitic Holocaust denier and is offended that this type of information would be
presented to the council. Mr. Grieder shared a number of scientific studies supporting the existence
of climate change and provided a detailed presentation of his stance on the issue.
157377 - Morrissey/Grieder
To amend by adding a number 4A that the city resolves that the stakeholders, the mayor or designee
and at least one but no more than three council persons, convene at least quarterly working
conferences to develop plans for the implementation of these targets. Roll call vote -Ayes: Six.
Nays: One (Klein). Motion carried.
157378 - Morrissey/Feuss to recess for five minutes at 7:05 p.m. voice vote ayes seven. Motion carried.
157379 - Morrissey/Juon to reconvene at 7:12 p.m. voice vote ayes seven. Motion carried.
Mrs. Juon commented that she believes plans are already underway.
Mr. Grieder commented that this plan would not cost the city to create the plan because the Center
for Energy and Environmental Education at UNI has reached out to Waterloo and other cities that
they have a grant which will allow them to pay for their staff that will help us. The plan will be
developed throughout the year and will then come before council with recommendations around the
end of this calendar year.
Mayor Hart thanked Mr. Grieder for his passion on this topic and explained that he has asked him to
be the council liaison and to help walk city staff through the process. Mayor also asked Mr. Grieder
to update council every couple of months of the process.
Mr. Morrissey encouraged the public to visit the city website and review the action statements
included in the resolution.
Mayor Hart questioned if a joint proclamation might be considered so that Waterloo could be
consistent with the five other communities that UNI has approached.
Mrs. Klein commented that Mr. Grieder shows great passion for what he's interested in and that he
has done his research. She further asked that everyone remember to be respectful and listen with a
caring ear on controversial subjects and understand that council does take the time to research items.
Resolution adopted and upon approval by Mayor assigned No. 2020-71.
ORDINANCES
157380 - Klein/
that "an ordinance amending the City of Waterloo City Code by repealing Title 5, Police
Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring
Decisions (5-3-15), in its Entirety, and Rescinding Ordinance No. 5522", be received, placed on file,
considered and passed for the first time.
Motion failed due to a lack of a second.
157381 - Feuss/Morrissey
that "an ordinance amending the City of Waterloo 2008 Traffic Code by deleting subsections (2) and
(16) of Section 273, No Parking, and inserting in lieu thereof new subsections (2) and (16) to Section
273, No Parking", be received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
157382 - Feuss/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Nay: One (Klein). Motion carried.
Page 15 of 162
January 27, 2020 Page 9
157383 - Feuss/Morrissey
that "an Ordinance amending the City of Waterloo 2008 Traffic Code by deleting subsections (2)
and (16) of Section 273, No Parking, and inserting in lieu thereof new subsections (2) and (16) to
Section 273, No Parking", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Six. Nay: One (Klein). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5537.
157384 - Morrissey/Amos
that "an Ordinance amending the City of Waterloo 2008 Traffic Code by deleting Section 286,
Parking for Certain Purposes Prohibited and inserting in lieu thereof a new Section 286, Parking for
Certain Purposes Prohibited", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion carried.
157385 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried.
157386 - Morrissey/Amos
that "an Ordinance amending the City of Waterloo 2008 Traffic Code by deleting Section 286,
Parking for Certain Purposes Prohibited and inserting in lieu thereof a new Section 286, Parking for
Certain Purposes Prohibited", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5538.
OTHER COUNCIL BUSINESS
157387 - Amos/Feuss
that Change Order No. 1 to ECCO Midwest, Inc., for a net increase of $8,000, in conjunction with
additional asbestos removal, for property located at 1100 Grant Avenue, be received, placed on file
and approved. Voice vote -Ayes: Seven. Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
157388 - Morrissey/Amos
that Change Order No. 2, to J.F. Brennan Co., Inc., for a net decrease of $93,000, in conjunction
with the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, be received, placed on file
and approved. Voice vote -Ayes: Seven. Motion carried.
Jamie Knutson, City Engineer, provided an overview of the item.
ADJOURNMENT
157389 - Morrissey/Grieder
that the Council adjourn at 7:23 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 16 of 162
CITY OF WATERLOO
Council Communication
Resolution approving the request of Image Pointe for tax exemptions on the construction of a commercial
building addition and other improvements valued at $1,505,171, for property located at 1224 La Porte Road,
and located within the Consolidated Urban Revitalization Area (CURA).
City Council Meeting: 2/4/2020
Prepared: 1/28/2020
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
❑ CURA 1224 La Porte Road Form
D CURA 1224 La Porte Road Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
Date
1/29/2020 - 10:37 AM
1/29/2020 - 11:11 AM
Resolution approving the request of Image Pointe for tax exemptions on the
construction of a commercial building addition and other improvements
valued at $1,505,171, for property located at 1224 La Porte Road,
and located within the Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The Planning, Programming, and Zoning Commission staff has reviewed
this application and feels that the project qualifies for exemptions from taxes
on the actual value added to Residential property under the Consolidated
Urban Revitalization Area.
None
N/A
Strategy 3.8: Continue efforts to foster new investments and development in
the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban
Revitalization Area (CURA).
Legal Description:
That part of East One-half of the North One-half of the South One-half of
the Northwest Quarter of the Southeast Quarter of Section No.36,
Township No. 89 North, Range No. 13 West of the Fifth Principle
Meridian, in the City of Waterloo, Black Hawk County, Iowa, lying within
the following described boundaries:
Page 17 of 162
Legal Descriptions:
Beginning at a point in the East line of the Northwest Quarter of the
Southwest Quarter of said Section which is 30 feet South of the Northeast
Comer of the South One-half of the Northwest Quarter of the Southwest
Quarter of said Section; thence West along a line which is parallel with the
North line of the South One-half of the Northwest Quarter of the Southwest
Quarter of said Section 287.2 feet; thence South along a line which is parallel
with and 1,053.5 feet East of the West line of the Northwest Quarter of the
Southeast Quarter of said Section 270.16 feet; thence East along a line
which is parallel with and 30 feet North and South line of the North One-half
of the South On -half of the Northwest quarter of said Section 288.6 feet to
the East line of the Northwest Quarter of the Southwest Quarter of said
Section; thence North along the East line of the of the Northwest Quarter of
the Southwest Quarter of said Section; to the of beginning, except the East
100 feet thereof conveyed to the City of Waterloo, Iowa for street purposes.
Also, that part of the Southeast Quarter of the Northwest Quarter of the
Southeast Quarter of Section No. 36, Township No. 89 North, Range No.
13 West of the Fifth Principle Meridian, Black Hawk County, described as
follows:
Commencing at a Point 30 feet South of and 100 feet West of the Northeast
corner of said Southeast Quarter of the Northwest Quarter of the Southeast
Quarter of said Section; thence South 270 feet; thence East 67 feet; thence
North 270 feet; thence west of 67 feet to the point of beginning.
Page 18 of 162
Winn tilt! lt,if;11V.Ordiu
08110( n /1-10 n
.1),P
. C.. tiy or Wttierloo Ltt din.t..! And impections Depot Intent Itirormation:
$ i t'cintNuniller: .11(9pwmssucd /0-02/-1 9 row' x,riiiii(s) vm,,oicm: -Mii COC)
11. WII;II Wilf; 1111.' LA_1.'i! Or Lh ti1lpISWCITh:111? 1_505 in 1 .
-
1 F.:0 „,.,„1„,-1 ,,r .,,..„„A d..th: 0 „,.,„,,,Id,,,,, 1.1inse improveinenItt? 3 2ozo
(i. ii. (hi, i, 00.1 , silw,-rdinily ,[,,,ili,,L2 uoit.,,ivou ,.,,kii ni ,c.,.i,i, in, will these iniprovernenti: creak: a clisplueurnent -ol.
y;r1rit 11.11011k?
j (Tn. OF \AiM k11.0()
A PliRov f. 1 i
p3/3,(00z
(:ONSOLIDNIED URBAN RP:VITALI/Al ION AITLICATION
Pl()I'l,R.PY IA> FX1.:NIPTI(111/41 IMPUWEMENTS LINDIT 'I 111.:
110 )VI;i11.INS OF T H I CONS01.11MITD (.11Z13AN R 1:Vrl'AI.IZSI'101\1 A R MAN
A IR 10( TM. CI I•1COUNCIL OF Cl FY 1.)F \VATERLC)c).
Tilsr! CollSOi Mir:0d (.11-!VIII 1?....'Vil.:1111r1114111,A1Vi4 1((.1fA1 11.10W1-: Ill Opel tv itr-ut nerapiftillti 011 1111)1P,SIT111011'i to property iocaied
hotinditt ihmincei
I. At Ii:.tru 111113110;ellbr'11; (0 111,2 0 .(11c..i residenital oropert).. At least it I improvement to -the vultin oT
C011111Ic1C;11 •Iv it 0:its prtn;iottsly isit the site_ If comtvert-izti npei ty pi.evtotudy V1lit, nil aettuil
valor; ri. .• • iIkopl clipirile Cur it, cx-,troptiur.
2_ I Sy • .•, . (-1.1R,A linundtirie fit mop lit t;an be obtained rrom the Ciiy of Watorloo ComintirUtly Planning
i.'; • Deptir11nc.ni2
1' 1111111 riled nilil ty pilot to flay tiI I ettnittry Followmg Inc Ycm. Wien thc
;ire completed io oomph; IAA) Flu] intielint: Ihe Sinte. Code id' town. Section 4C4.4 unittimbeied partigroplt
• aryls:wpm mon. bo tiled upon completion of an entire Ilroject :coifing more ihnn tine year to
; complete. priA.idinr prior ttpprt)vtil htts bet !2,ritrited Ihe City CoLuta or Couni Ilerard ctUtirierviv.trs
ItIcatie 1111 out iIi rollnkeitui, rormalion ror your opplicution 10 be mil -Knitted to thc Cily
NAME:
1)PIZE.Sfir
TEI.F:PI(ONL:
17/Triage Poth-lt
Z.4 Parte*/
319 ,R1/43'71 3107
A0 iI Lhhire.N.i,)11iLprimet I) being improved?
SIGNATURE: tins add., ro4,14, fuelitla„
/01,106,40 _
aaie 14,0de Rci ,waieficto
DATE;
%Vila! 0 the L.f`j11 I )f' Ihr pr1pci1y2..(1\10, ;fedi luble Cotoily Recordet i Oitiet: on 2' floor of the
courthututer -
/
5ee ok4+-401
8_ I iidictite desired exemption iic.holtlIe: ( oi• 2)
One hindiett l'eteent (10(t",',0 exemption For three years nn the ucttial value addcd by improver)ents:
'ALF.purtial LIN C1111)1 ii)}1 011 the ae.tital vidoe titide.(1 by improvemenk ileeording to Ihe Following schcdttle
a I -trr-it `v.ein- •;11'-'.-,, I. Fourth Yen ----- --.50":', 1'-• Scvenilt Year 11)"-,
h. Second Yunr- -701.;, (r. Filth Year ..40"0 h. Eighth Yetti rtlY,vir
Third Year- - -6()'!:,. l'_ Sixth Yeat- 1.0'4 !. NitaYe..tli' 21Y.1,4
1 Tenth Year- 201'.1
DEN111:17.)
HAWK COUNTY ASSF.S.SOR
A l'PROVF.D DATED:
RFSOLUTIk IN Nt):
[nun kleFaritutd
Bluck I irtv,•)-t County Ari;tetisor
l`litle iinitrrivencuilii to yr-int home tit Iittruite.,;;-; niuy not chungt: the ii,-.iteKsed
Nan, (_ ity C•ttiftwil rinni tivit I does ritit 10rIlULy0 10 exonittions, The appli0.111olt mutt' 1)0 reviewed uId approved by
IThielt• I (_ottniy f)rtiett For et krill
Page 19 of 162
Page 1 of 1
f
atAMOszeil
pail$I` A
That part Of the tut • ei'helf of ihe Nvrth One-half of-tho uth Qne'h$.i'.of tho
'
NA.rthw Quarter of the �"f C S.t Quo*g-kogo- , SO., To L V ij 9
Forth, .1htige No, 13 West of the fifth P 1 cip di ,. In th ty of
Waterloo1 Btaa Ewk owAty, town, 104 wltt ln. the 140101t ti4eilpeif
bOt es:
eennin .ai' i tt in the . line of NarthWeot Qua#er 'f the. Pa th.
Q41.. .t4l. oo is 30 feet South Of Ihellorth 1: crier 14Lb `; ;u
pe,e two**t8C.or . 4tliea t Quiar o -Saki sot* *09
,o at . *Oa w.#h 010 NO0 1itte. f#te Soi0 .tl ie. t? ai `tf�e
4'C4 thW C � af. -:.tha outhea, t k ' of said Simon 7,2 :feet; *go
Y �
:d!L� t elan . n 1h a w1 ob �o -wok 444 �.00.5 f t o 'th West of
=.twestgoattet of #,lt `SOe.� QuAfior of saki Sc- i70.18 ft . 000
lie white 0#414 with nM $0 fiat Iottfi of ioSoithline .Orttio
of the.Seuth. .haltof,fhe OottitviOt Qivarte of the Southt
T,-on nt.6 fed to fho rast'lIe of the lNorthW x t `-of:l i
��..'Q ' or ct S ; thce Z *ith along,.; t -
of the Sontltokt.tNatio -bf .1141 SeetIork to. the prAnt
..oioopt the st 0() fe+ -thereof onnveyed to the vt4t of aWoo
tlAtitigtQ a: t Qiigtor of'4 a Northwest (pallet the Aci,tgheist
_ t0 o , tin .$61, 00010 No..89 North, I ge l o 13 West of Mt
Witasit$41.01rrtd ,.li kit tvuk;wanly, xetika, des44'bed aS fai1OWa:
:00.iftItt Pohlt -30 feet Sooth of slid 100 feet West of the liOttho4 corner
Soha (150tez,of thebidr west Qua terof the ;the t QuArto4 of lad
064* .tom SoOth 270 feet; t f' thonce North 270 few; theft e
We* t 7 folio the polo; of beginning,
File Number: 2019-00819106 Fiel.27
1_ �.: =-1 1
CITY OF WATERLOO
Council Communication
Resolution approving the request of Shauna Lewis for tax exemptions on the construction of home
improvements/remodel, valued at $126,000, for property located at 1620 Oakwood Drive, and located in the
Consolidated Urban Revitalization Area (CURA).
City Council Meeting: 2/4/2020
Prepared: 1/13/2020
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 1/29/2020 - 10:40 AM
Clerk Office Higby, Nancy Approved 1/29/2020 - 11:13 AM
ATTACHMENTS:
Description Type
❑ CURA 1620 Oakwood Drive Form Cover Memo
D CURA 1620 Oakwood Drive Map Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Legal Descriptions:
Resolution approving the request of Shauna Lewis for tax exemptions on the
construction of home improvements/remodel, valued at $126,000, for
property located at 1620 Oakwood Drive, and located in the Consolidated
Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed
this application and feels that the project qualifies for exemptions from taxes
on the actual value added to the residential property under the City Limits
Urban Revitalization Area Plan.
None
N/A
Strategy 3.8: Continue efforts to foster new investments and development in
City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban
Revitalization Area (CURA).
Greenbrier Third Addition, Lot 57
Page 22 of 162
For Office Use Only
Received by'.-ii
Staff to date slamp and make a
copy for applicant
CONSOLIDATED URBAN REVITALIZATION AREA
APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS
CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CI
WATERLOO.
The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located
within its boundaries that meet the following criteria:
1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of
commercial property if a building was previously on the site. If commercial property was previously vacant, all actual
value added by the improvements is eligible for tax exemption.
2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
3. This application must be filed with City prior to the working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire projeot requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council.
NAME: ski\Lana L�,,,.hS SIGNATURE: r
ADDRESS: . LQ2d 6Llbwrod Or,
TELEPHONE:(31Si Sort - 5t95DATE:
/ij/ Zo
II
A, What is the Address of the property being improved? 1(-12 ZU OCI r 1>OCt 0(
What s the Legal Description of the property? (Mai be available at County Recorder's Office on 2nd floor of the Courthouse)?
,
B. Indicate desired exemption schedule: (1 or2)
One Hundred Percent (100%) exemption for three years on the actual value added by improvements;
2. ) Apartial exemption on the actual value added by improvements according to the following schedule:
a. First Year- ---- ----80% d. Fourth Year-------50% g. Seventh Year 30%
b. Second Year—----70% e. Fifth Year -40% h. Eighth Year 30%
c. Third Year 60% f. Sixth Year-------40% i. Ninth Year--------2O%
j. Tenth Year-----20%
C. What was the nature of the improvement(s)?
lMe, Ye Ookk
D. City of Waterloo Building and Inspections Department Information: Oa
Permit Number: Date permit was issued: a- aa-1 Y{ Total permit(s) valuation: 1
E. What was the cost of the improvement? u� Cx )
F. Estimated or actual date of completion of these improvements?
G. If this is not a singe -family dwelling r3rlit, which you own and reside in, will these improvements create a displacement of
your tenants? Yes
No
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR
APPROVED
DENIED
DATED:
T.J. Koenigsfeld
Black Hawk County Assessor
Note: The improvements to your home or business may not change the assessed value.
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
Page 23 of 162
CHERRY HILLS DR
CITY OF WATERLOO
Council Communication
Resolution approving the request of JSA Development for tax exemptions on the construction of building
improvements/remodel, valued at $800,000, for property located at 323-329 E. 4th and 522 Mulberry Street,
and located in the Consolidated Urban Revitalization Area (CURA).
City Council Meeting: 2/4/2020
Prepared: 1/28/2020
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 1/29/2020 - 11:01 AM
Clerk Office Higby, Nancy Approved 1/29/2020 - 11:12 AM
ATTACHMENTS:
Description
CURA 323-329 E 4th Street and 522 Mulberry Street
u
Form
CURA 323-329 E 4th Street and 522 Mulberry Street
Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Cover Memo
Cover Memo
Resolution approving the request of JSA Development for tax exemptions
on the construction of building improvements/remodel, valued at $800,000,
for property located at 323-329 E. 4th and 522 Mulberry Street, and located
in the Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed
this application and feels that the project qualifies for exemptions from taxes
on the actual value added to the residential property under the City Limits
Urban Revitalization Area Plan.
Expenditure Required: None
Source of Funds: N/A
Policy Issue:
Legal Descriptions:
Strategy 3.8: Continue efforts to foster new investments and development in
City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban
Revitalization Area (CURA).
The Southeasterly 95 feet of Lot No. 1, and the Southeasterly 95 feet of the
Northeasterly 20 feet of Lot No.4, all in Block No. 29 In the Original Plat,
Page 25 of 162
on the East Side of the Cedar River, in the City of Waterloo, Black Hawk
County, Iowa.
Page 26 of 162
CONSOLIDATED URBAN REVITALIZATION APPLICATION
FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE
PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located
within its boundaries that meet the following criteria:
1. At least a 10% improvement to the value of the residential property. At least a l 5% improvement to the value of
commercial property if a building was previously on the site. If commercial property was previously vacant, all actual
value added by the improvements is eligible for tax exemption.
2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
3. This application must be filed with City prior to the t s` working day of February following the year when the
improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph
2. However, a single application may be filed upon completion of an entire project requiring more than one year to
construct or complete, providing prior approval has bee granted by the City Cou . or County Board of Supervisors.
Please fill out the following information for your application to be submitted to t
NAME: SSA (k ve id vr,Pv+ � C--L SIGNATURE:
ADDRESS: '� V 5 41" s4 / f ti . ✓Ius S I1 5
TELEPHONE: 3 t 1 Z31 DATE:
A. What is the Address of the property being improved? 3 2-3 -3l9 if `7 A 'f S 2-2 a 4 `-1.) S j-
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the
Courthouse)?
wckiko eF54- SE_ s FT LOT (L/22-1 S15 FT
?-a FT- L- O f , 3 L k 2-
B. Indicate desired exemption schedule: (1 or 2)
1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements;
2. A partial exemption on the actual value added by improvements according to the following schedule:
a. First Year
b. Second Year
c. Third Year
80% d. Fourth Year 50%
70% e. Fifth Year 40%
60% f. Sixth Year 40%
g. Seventh Year 30%
h. Eighth Year 30%
i. Ninth Year 20%
j. Tenth Year 20%
C. What was the natureof the improvement(s)?
A/it14141 c4 .4 �=��I(.,c,� l� - cr) ff zr rn��r►- %'[ w cyJd A., it • / • /1
D. City of Waterloo Building and Inspections Department Information:
Date permit was issued:
Permit Number: Cl
E. What was the cost of the improvement?
F. Estimated or actual date of completion of these improvements?
�r 4
1110
Total perrnit(s) valuation: TNO
G. If this is not a singe -family dwelling unit, which ou own and reside in, will these improvements create a displacement of
your tenants? Yes / No
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
LL3LACK HAWK COUNTY ASSESSOR
APPROVED
DENIED
DATED:
Tami McFarland
Black Hawk County Assessor
Note: The improvements to your home or business may not change the assessed value.
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and apprPattY2IT of 162
T]1«..t. TT.....1. !'....,-. a.. A...........
Page 1 of 1
Ilill
1111111111
111
111
rinmiiimiio
111111
Doc ID 007553360001 Type GEN
Recorded: 02/09/2017 at 01:58:00 PM
Fee Arnt : $12.00 Page 1 of 1
Revenue Tax: $0.00
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F0e2O17-00014246
i Preparer
Information Christopher S. Wendland P.O. Box 596 Waterloo, IA 50704 (319) 234-5701
Individual's Name Street Address City Phone
Address tax statement to: JSA Development, LLC, 315 E. 5r' St., Waterloo, IA 50703
SPECIAL WARRANTY DEED
For the consideration of One Dollar ($1.00) and other valuable consideration, Lincoln Park Building, LLC
does hereby Convey to JSA Development, LLC the following described real estate in Black Hawk County,
Iowa:
/ The Southeasterly 95 feet of Lot No. 1, and the Southeasterly 95 feet of the
( Northeasterly 20 feet of Lot No. 4, all in Block No. 29 in the Original Plat, on the East Side of
the Cedar River, in the City of Waterloo, Black Hawk County, Iowa.
Subject to restrictive covenants, ordinances, and limited access provisions of record, if any, and to
existing easements, if any.
Deed in which consideration is $500 or less. Exempt from real estate transfer tax, declaration
of value, and groundwater hazard statement.
The Company hereby covenants with grantees, and successors in interest, to warrant and defend the real
estate against the lawful claims of all persons claiming by, through, or under it, except as may be stated above,
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural
number, and as masculine or feminine gender, according to the context.
STATE OF IOWA
) ss:
BLACK HAWK COUNTY )
Acknowledged before me on F3. 7
2017, by James E. Walsh, Jr., as Manager of Lincoln
Park Building, LLC.
s wuvccQCc-r,P
Notary Public
CHli-iiSTOPHER S, WENIJiN D
Cornmissior :umber 197 ! (i9
MY CCif/;l Sl MORES
JiRES
Dated; 2-17 , 2017.
LINCOL PARK :UILDING, L
By:
fames, E. Walsh, Jr., Manager
File Number: 2017-0001ie8S4a??
4 .
et
s,k
CITY OF WATERLOO
Council Communication
Resolution approving the request of JSA Development for tax exemptions on the construction of building
improvements/remodel, valued at $800,000, for property located at 515 E. 3rd Street, and located in the
Consolidated Urban Revitalization Area (CURA).
City Council Meeting: 2/4/2020
Prepared: 1/28/2020
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
❑ CURA 515 E 3rd Street Form
D CURA 515 E 3rd Street Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Legal Descriptions:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
Date
1/29/2020 - 11:02 AM
1/29/2020 - 11:12 AM
Resolution approving the request of JSA Development for tax exemptions
on the construction of building improvements/remodel, valued at $800,000,
for property located at 515 E. 3rd Street, and located in the Consolidated
Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed
this application and feels that the project qualifies for exemptions from taxes
on the actual value added to the residential property under the City Limits
Urban Revitalization Area Plan.
None
N/A
Strategy 3.8: Continue efforts to foster new investments and development in
City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban
Revitalization Area (CURA).
The Southwesterly 45 feet of Lot 5; the Northeasterly 5 feet of the
Southwesterly 75 feet of Lot 8, Cooley Addition.
Page 30 of 162
CONSOLIDATED URBAN REVITALIZATION APPLICATION
FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE
PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located
within its boundaries that meet the following criteria:
1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of
commercial property if a building was previously on the site. If commercial property was previously vacant, all actual
value added by the improvements is eligible for tax exemption.
2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
3. This application must be filed with City prior to the 12 working day of February following the year when the
improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph
2. However, a single application may be filed upon completion of an entire project requiring more than one year to
construct or complete, providing prior approval has bee granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted tc'fhe C?+ Council.
NAME: j SA -eve ty4 `L , LLB SIGNATURE:
ADDRESS: 3) sr 5 �'N S 1-6.1 F 00- lAlc41,
TELEPHONE: 31 2.3 3 31 `1 1-- DATE:
A. What is the Address of the property being improved? Si S / 3 ' ` Sr4.%!"
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the
Courthouse)?Cb 6/ et
Ad e� ✓vti S Li
FT_ L o T s (L v. 6,3
N F 5 FT SF r I T
Loi-- fe3
B. Indicate desired exemption schedule: (1 or 2)
1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements;
2. ' A partial exemption on the actual value added by improvements according to the following schedule:
a. First Year 80% d. Fourth Year 50% g. Seventh Year 30%
b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30%
c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20%
j. Tenth Year 20%
C.
D.
E.
F.
G.
What was the natur of th improvement(s)?
-v171J�e 14-7 5 r dyi-c 1, +,,A:rNe-v
City of Waterloo Building and Inspections Department Information:
D3L1z1-
Permit Number:
po to 1 `}-
What was the cost oPthe improvement? E-6-)1 IXLQ
Date permit was issued:
Estimated or actual date of completion of these improvements?
( (I ;1
Total permit(s) valuation:
If this is not a singe -family dwelling unit, which own and reside in, will these improvements create a displacement of
your tenants? Yes / No
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR
APPROVED
DENIED
DATED:
Tami McFarland
Black Hawk County Assessor
4-
Note: The improvements to your home or business may not change the assessed value.
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and apprRa§120of 162
Page 1 of 1
Addendum
1. The Southwesterly 45 feet of Lot 5; the Northeasterly 5 feet of the Southeasterly 75 feet of
Lot 8; ,
File Number. 9998-0002$4403
raJ
►v
CITY OF WATERLOO
Council Communication
Resolution approving the request of JSA Development for tax exemptions on the construction of building
improvements/remodel, valued at $2,000,000, for property located at 610-616 Mulberry Street, and located in
the Consolidated Urban Revitalization Area (CURA).
City Council Meeting: 2/4/2020
Prepared: 1/28/2020
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 1/29/2020 - 11:37 AM
Clerk Office Higby, Nancy Approved 1/29/2020 - 11:46 AM
ATTACHMENTS:
Description Type
❑ CURA 610-616 Mulberry Street Form Cover Memo
D CURA 610-616 Mulberry Street Map Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Resolution approving the request of JSA Development for tax exemptions
on the construction of building improvements/remodel, valued at $2,000,000,
for property located at 610-616 Mulberry Street, and located in the
Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed
this application and feels that the project qualifies for exemptions from taxes
on the actual value added to the residential property under the City Limits
Urban Revitalization Area Plan.
Expenditure Required: None
Source of Funds: N/A
Policy Issue:
Legal Descriptions:
Strategy 3.8: Continue efforts to foster new investments and development in
City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban
Revitalization Area (CURA).
The southeasterly Forty (40) FEET of Lot No. 2; The Southeasterly Forty
(40) Feet of the Northeasterly Forty (40) Feet of Lot No.3; and the
Southwesterly Twenty (20) Feet of the Northwesterly Ten (10) Feet of the
Southeasterly Fifty (50) Feet of Lot No. 2, All in Block No. Twenty -Eight
Page 34 of 162
(28) in the Original Plat, on the East Side of the Cedar River, In the City of
Waterloo, Black Hawk County Iowa, Including all easement Associated
Therewith.
Page 35 of 162
CONSOLIDATED URBAN REVITALIZATION APPLICATION
FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE
PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located
within its boundaries that meet the following criteria:
1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of
commercial property if a building was previously on the site. If commercial property was previously vacant, all actual
value added by the improvements is eligible for tax exemption.
2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
3. This application must be filed with City prior to the 151 working day of February following the year when the
improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph
2. However, a single application may be filed upon completion of an entire project requiring more than one year to
construct or complete, providing prior approval has bee granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the,uncil.
NAME:
ADDRESS: i (5 4\ S tnJ,- ✓fw S 0 7-f, 3
TELEPHONE: -30 )---3 '� t� DATE:
6/0-10
43-SA (k'te 1p pvvlP, T, — -( SIGNATURE:
A. What is the Address of the property being improved?
*(10
/l4w (h4 y
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the
Courthouse)?
LEGAL
ORIGINAL PLAT WATERLOO EAST SE 40 FT LOT 2 BLK 28 SW 20 FT NW 10 FT SE 50 FT LOT 2 BLK 28 SE 40 FT
INE 44 FT LOT 3 BLK 28 & EASEMENT _
B. Indicate desired exemption schedule: (t or 2)
1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements;
2. „(.. A partial exemption on the actual value added by improvements according to the following schedule:
a. First Year 80% d. Fourth Year 50% g. Seventh Year 30%
b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30%
c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20%
j. Tenth Year 20%
C. What was the nature of a improvements)? f
C h its c riA.4 , It h`5kv,L hid)
D. City of Waterloo Building and Inspections Department Information:
Permit Number: n u l I-, p1z_ Date permit was issued: !~ i y &--- Total permit(s) valuation:
E. What was the cost of the improvement? 6.nifiiW—
F. Estimated or actual date of completion of these improvements? i 1 Y i Lt.
G. If this is not a singe -family dwelling unit, whic you own and reside in, will these improvements create a displacement of
your tenants? Yes No
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR
APPROVED
DENIED
DATED:
Tami McFarland
Black Hawk County Assessor
Note: The improvements to your home or business may not change the assessed value.
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and appriitag&y36 Of 162
nl_--1. T. A ..«f.. r1FC:
Page 1 of 1
D 1I IIIIIIIIIIIIIIIIIIIIIIYIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
111
Doc ID 009404720005 Type GEN
Recorded: 10/15/2018 at 01:37:39 PM
Fee Amt: $27.00 Pape 1 of 5
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e2019®00006149
(Space Above This Line For Recording Data)
PREPARED BY: Mark F. Conway c/o Swisher & Cohrt, PLC, P.O. Box 1200, Waterloo, IA 50704
.WHEN RECORDED RETURN TO: First Security State Bank, 3229 Greenhill Circle, Cedar Falls, IA 50613
Ph: (319)232-6555
Ph: (319) 266-0474
ASSIGNMENT OF TAX CREDITS
THIS ASSIGNMENT OF TAX CREDITS (this "Assignment") is executed on this 12th day of October, 2018, between JSA
Development, LLC, (the "Grantor"); and First Security State Bank (the "Lender").
ASSIGNMENT, For valuable consideration, Grantor assigns, grants a continuing security interest in, and conveys to Lender
all of Grantor's right, title, and interest in and to all Slate, Federal and other Tax Credits associated with the preservation,
rehabilitation, reconstruction and remodel of the following described Property located in Waterloo, Black Hawk County, State
of Iowa:
THE SOUTHEASTERLY FORTY (40) FEET OF LOT NO. 2; THE SOUTHEASTERLY FORTY (40)
FEET OF THE NORTHEASTERLY FORTY (40) FEET OF LOT NO. 3; AND THE SOUTHWESTERLY
TWENTY (20) FEET OF THE NORTHWESTERLY TEN (10) FEET OF THE SOUTHEASTERLY FIFTY
(50) FEET OF LOT NO. 2, ALL IN BLOCK NO, TWENTY-EIGHT (28) IN THE ORIGINAL PLAT, ON
THE EAST SIDE OF THE CEDAR RIVER, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY,
IOWA, INCLUDING ALL EASEMENTS ASSOCIATED THEREWITH.
The Real Property or its address is commonly known as 612-616 Mulberry Street, Waterloo, Iowa.
DEFINITIONS. The following words shall have the following meanings when used in this Assignment. Terms not otherwise
defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code. All references
to dollar amounts shall mean amounts in IawfuI money of the United States of America.
Assignment. The word "Assignment" means this Assignment of Tax Credits between Grantor and Lender, and includes
without limitation all assignments and security interest provisions relating to the Tax Credits,
Event of Default. The words "Event of Default" mean and include without limitation any of the Events of Default set forth
below in the section titled "Events of Default."
Grantor. The word "Grantor" means JSA Development, LLC, its authorized successors and assigns..
Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and
accommodation parties in connection with the Indebtedness.
Indebtedness. The word "Indebtedness" is as defined in that certain Loan Agreement between the parties, the same dated
on or about a date even herewith,
Lender. The word "Lender" means First Security State Bank, its successors and assigns.
Note. The word "Note" means the promissory note or credit agreement dated on or about a date even heiFfg
original principal amount of $537,750.00 from Grantor to Lender, together with all renewals of, extensions of, mac'
istbf 162
Ications
CITY OF WATERLOO
Council Communication
Resolution approving the request of Abigail R. Schares for tax exemptions on the construction of a single
family home valued at $156,558 for property located at 1011 Vermont Street, and located in the City Limits
Urban Revitalization Area (CLURA).
City Council Meeting: 2/4/2020
Prepared: 1/28/2020
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
❑ CLURA 1011 Vermont Street Form
D CLURA 1011 Vermont Street Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Legal Descriptions:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
Date
1/29/2020 - 10:35 AM
1/29/2020 - 11:11 AM
Resolution approving the request of Abigail R. Schares for tax exemptions
on the construction of a single family home valued at $156,558 for property
located at 1011 Vermont Street, and located in the City Limits Urban
Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed
this application and feels that the project qualifies for exemptions from taxes
on the actual value added to the residential property under the City Limits
Urban Revitalization Area Plan.
None
N/A
Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
Hawthorne Estates First Addition Lot 2
Page 39 of 162
For Office Use Only
Date Received:
Received by:
Staff to make a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the 1st working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more Than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME: jl�tul Y Sclnl fey
ADDRESS: 100 Vet 0\-611 k St VI r`D
TELEPHONE: 311 13r{ "IG' '5"
A. What is the Address of the property being improved?
SIGNATURE:
DATE:
1)26911616
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)
k-IekkAvvrint t-s.ka es \ \- Mali -Ton U �.
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
C. City of Waterloo Building and Inspections Department Information:
Permit Number: /q 32 95 Date permit was issued: e// P /,Zei 9 Total permit(s) valuation: /I/7i AO I
D. What was the cost of the new construction?
E. Estimated or actual date of completion of this new construction?
301It /1.0t -6t
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED
DATED:
DENIED
T.J. Koenigsfeld
Black Hawk County Assessor
Page 40 of 162
BYRON AVE
® 4ti=
FOREST AVE
HOLM S7I age-4- o
CITY OF WATERLOO
Council Communication
Resolution approving the request of Pttumg Antt Huynh for tax exemptions on the construction of a single
family home valued at $215,000 for property located at 1132 Hummingbird Circle, and located in the City
Limits Urban Revitalization Area (CLURA).
City Council Meeting: 2/4/2020
Prepared: 1/28/2020
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
❑ CLURA 1132 Hummingbird CR Form
D CURA 1132 Hummingbird CR Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Legal Descriptions:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
Date
1/29/2020 - 10:38 AM
1/29/2020 - 11:13 AM
Resolution approving the request of Pttumg Antt Huynh for tax exemptions
on the construction of a single family home valued at $215,000 for property
located at 1132 Hummingbird Circle, and located in the City Limits Urban
Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed
this application and feels that the project qualifies for exemptions from taxes
on the actual value added to the residential property under the City Limits
Urban Revitalization Area Plan.
None
N/A
Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
Crossroads Estates Replat No 5, Lot 2
Page 42 of 162
MTV LIMITS URBA
Date Received:
Received by:
Staff to make a copy
REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTI'.N FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF T CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CI Y OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3- -ar 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family ! omes or duplex/twin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of whi h can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the 15t wxrking day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application o be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
SIGNATURE:T
077173 /_
y% �/ DATE:
A. What is the Address of the property being improved? /32 I7
r))110-
/ I )..2.2
What is the Legal Description of the property? (May be a ailable at County Recorder's Office on 2nd floor of the Courthouse)
S C GilVlPk —
13. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
Q4_1/1,(6 1A1C ?
C. City of Waterloo Building and Inspections Department Information:
Permit Number:/g- / 9.55-
Date permit was issue{: /z// /24i/..2.-Da Total permit(s) valuation: /75' ere-0
D. What was the cost of the new construction?
di 5-) ono
E. Estimated or actual date of completion of this new construction?
;(01
Note; City Council approval does not guarantee tax exemptixns. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED DATED:
DENIED
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED
DENIED
DATED:
T.J. Koenigsfeld Page 43 of 162
Black Hawk County Assessor
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as February 17, 2020 to approve the request by Marvin Richardson
and Charles and Bobbi Stocks to vacate, sell and convey an existing 14 foot wide alley, located adjacent to
136 Smith Street and 421 Cherry Street between Smith and Cherry Streets, with a portion being conveyed to
Marvin Richardson in the amount of $599.76, and a portion being conveyed to Charles and Bobbi Stocks in
the amount of $336.80, and instruct the City Clerk to publish notice.
City Council Meeting: 2/4/2020
Prepared: 1/24/2020
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Rejected 1/22/2020 - 11:08 AM
P lanning & Zoning Hyberger, Seth Approved 1/24/2020 - 10:58 AM
Planning & Zoning Higby, Nancy Approved 1/29/2020 - 9:47 AM
Clerk Office Higby, Nancy Rejected 1/29/2020 - 9:48 AM
Planning & Zoning Schroeder, Aric Approved 1/29/2020 - 10:57 AM
Clerk Office Higby, Nancy Approved 1/29/2020 - 11:13 AM
ATTACHMENTS:
Description Type
D Aerial Map Cover Memo
D Overview Map Cover Memo
D Aerial Map Land Purchase Cover Memo
D Staff Report Cover Memo
D Pictures Cover Memo
D Plat Book Page Cover Memo
D Legal Description Cover Memo
D Signed Intent to Vacate Charles and Bobbi Stocks Cover Memo
D Signed Intent to Vacate Marvin Richardson Cover Memo
D Application Cover Memo
SUBJECT:
Submitted by:
Resolution setting date of public hearing as February 17, 2020 to approve
the request by Marvin Richardson and Charles and Bobbi Stocks to vacate,
sell and convey an existing 14 foot wide alley, located adjacent to 136 Smith
Street and 421 Cherry Street between Smith and Cherry Streets, with a
portion being conveyed to Marvin Richardson in the amount of $599.76, and
a portion being conveyed to Charles and Bobbi Stocks in the amount of
$336.80, and instruct the City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Staff is recommending to approve the vacate request due to the fact that the
alley is not needed for public access. In addition the area to be vacated was
Page 45 of 162
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
platted as an alley but does not get used for anything other than a private
access for two properties.
Transmitted is a request to set the date of public hearing as February 17,
2020 to approve a request by Marvin Richardson and Charles and Bobbi
Stocks to vacate an existing 14' wide alley, located adjacent to 136 Smith
Street and 421 Cherry Street between Smith and Cherry Streets.
The Planning and Zoning Commission unanimously recommended approval
for the alley vacate request at their regular meeting on October 1, 2019.
None. Marvin Richardson plans to purchase his portion of the alley (1,826
SF) for $599.76 and Charles and Bobbi Stocks plan to purchase their
portion of alley (1,470 SF) for $336.80, which meets the sale of property
policy.
N/A
Strategy 3.5: Continue to engage with local partners to identify cost savings,
streamline efforts and improve the efficiency in City operations and
activities.
This is a request by Marvin Richardson and Charles and Bobbi Stocks to
vacate an existing 14' wide alley, located adjacent to 136 Smith Street and
421 Cherry Street between Smith and Cherry Streets.
The request to vacate the alley would not appear to have a negative impact
on the surrounding neighborhood.
The request to vacate the alley would not appear to have a negative impact
on vehicular or pedestrian traffic.
The area to be vacated was platted as an alley but does not get used for
anything other than a private access for two properties. The surrounding area
was developed with homes during the 1900's between 1905 and 1910.
The Planning and Zoning Commission unanimously approved the request
for the alley vacate at their regular meeting on October 1, 2019.
Therefore, staff recommends the request to vacate 3,578 SF of the unused
platted alley between Smith Street and Cherry Street be approved for the
following reasons.
1. The alley has not been used or maintained by the city for decades.
2. The neighboring property owners will own and maintain the alley once
sold and conveyed.
Description — alley vacate:
That portion of the platted alley adjoining Lots 10, 11, 12, and 14 of Smith's
Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of
Page 46 of 162
Legal Descriptions:
the south line of Smith Street as currently platted. And also, that portion of
the easement for alley purposes over Lot 14, Smith's Subdivision, City of
Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith
Street as currently platted.
Description— conveyance to Stocks:
That portion of the platted alley adjoining Lot 12, Smith's Subdivision, City
of Waterloo, Black Hawk County, Iowa, lying 45 feet east of the west line of
Lot 12.
Description — conveyance to Richardson:
That portion of the platted alley adjoining Lots 10, 11 and 12, Smith's
Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of
the south line of Smith Street, as is currently platted, and except for that
portion lying east of a line 45 feet west of the west line of Lot 12.
Page 47 of 162
City of Waterloo City Council
February 17, 2020
136 Smith Street �- -
Alley to be Vacated
421 Cherry Street
Adjacent to 136 Smith Street
Alley Vacate Request
Marvin Richardson and
Charles and Bobbi Stocks
Page 48 of 162
City of Waterloo City Council
February 17, 2020
R-2
C-2
DANE ST
SAXI ON iST ROBY LN
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> ARGYLE_ST
Lg iW 1
ER13Q
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Feet
Adjacent to 136 Smith Street
Vacate Alley Request
Marvin Richardson
Page 49 of 162
City of Waterloo City Council
February 17, 2020
QAAIT6-1 CT
136 Smith Street
Marvin Richardson
Price: $599.76
INDEPENDENCE AVE
fil
421 Cherry Street
Charles and Bobbi Stocks
Price: $336.80
INDEPENDENCE AVE
Adjacent to 136 Smith Street
Alley Vacate Request
Marvin Richardson and
Charles & Bobbi Stocks
Page 50 of 162
February 17, 2020
REQUEST:
APPLICANT(S):
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS
REQUIRED/ NEEDED:
DRAINAGE:
DEVELOPMENT
HISTORY:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER,
Request by Marvin Richardson and Charles and Bobbi Stocks
to vacate an existing 14' wide alley, located adjacent to 136
Smith Street and 421 Cherry Street between Smith and
Cherry Streets.
Marvin Richardson, 136 Smith Street, Waterloo, Iowa 50703
and Charles and Bobbi Stocks at 421 Cherry Street, Waterloo,
IA 50703.
Request to vacate a 14`alley (3,578 SF) in order to be sold to
adjacent property owners.
The request to vacate the alley would not appear to have a
negative impact on the surrounding neighborhood.
The request to vacate the alley would not appear to have a
negative impact on vehicular or pedestrian traffic. The area
was platted as an alley, but the alley is no longer being utilized
as an alley.
The Martin Luther King Jr. Trail is located 800' to the north of
the proposed vacate area, and there are no parks or open
spaces in the immediate vicinity.
The area has been zoned "R-3" Multiple Residence District
since adoption of Zoning Ordinance No. 2479 in 1969.
The request would not require any buffering by ordinance
standards.
The proposed vacate of the alley would not have an adverse
impact on drainage in the area.
The area to be vacated was platted as an alley but does not
get used for anything other than a private access for two
properties. The surrounding area was developed with homes
during the 1900's between 1905 and 1910.
This area is not located within a special flood hazard area
according to the Federal Emergency Management Agency
(FEMA) Flood Insurance Rate Map. The firm panel number is
19013CO302F.
Highland Elementary is % of a mile to the southeast and East
High is located 1,500 feet to the northwest of the project site.
There would appear to be overhead electric within the east -
west portion of the alley, so an easement may need to be
Vacate- existing 14' wide alley, adjacent to 136 Smith Street between Smith and Cherry Streets
F ege 21 of 162
February 17, 2020
ETC. retained over a portion of the area requested to be vacated.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION:
The Future Land Use Map designates the area as Mixed
Residential: Low Medium, High Density Residential,
Professional Offices, Neighborhood Commercial; and this
request would be in compliance with such designation. The
site is located within the Primary Growth Area as designated
on the Growth Area Map within the Comprehensive Plan.
The request to vacate an existing 14' wide alley, located
between Smith and Cherry Streets will vacate an area that is
no longer needed by the City as an alley.
Marvin Richardson plans to purchase his portion of the alley
(1,826 SF) for $599.76 and Charles and Bobbi Stocks plan to
purchase their portion of alley (1,470 SF) for $336.80.
The Planning and Zoning Commission unanimously approved
the request for the alley vacate at their regular meeting on
October 1, 2019.
There would be no platting required in relation to the request.
Therefore, staff recommends the request to vacate 3,578 SF
of the unused platted alley between Smith Street and Cherry
Street be approved for the following reason:
1. The alley has not been used or maintained by the city for
decades.
2. The neighboring property owners will own and maintain the
alley once sold and conveyed.
Vacate- existing 14' wide alley, adjacent to 136 Smith Street between Smith and Cherry Streets
T=9eget22 of 162
Alley Vacate — 136 Smith
Looking at the alley from 421 Cherry Street
Looking along the alley from 136 Smith
Street.
Looking to the lot adjacent to the alley that
is owned by Marvin Richardson
Looking south along the alley.
Page 53 of 162
Looking from 136 Smith Street.
Looking east toward 136 Smith Street.
Looking south along 136 Smith Street.
Looking further down the alley past 136
Smith Street.
Page 54 of 162
Page 55 of 162
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Page 56 of 162
Description — alley vacate:
That portion of the platted alley adjoining Lots 10, 11, 12, and 14 of Smith's Subdivision, City of
Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently
platted. And also, that portion of the easement for alley purposes over Lot 14, Smith's Subdivision, City
of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted.
Description — conveyance to Stocks:
That portion of the platted alley adjoining Lot 12, Smith's Subdivision, City of Waterloo, Black Hawk
County, Iowa, lying 45 feet east of the west line of Lot 12.
Description — conveyance to Richardson:
That portion of the platted alley adjoining Lots 10, 11 and 12, Smith's Subdivision, City of Waterloo,
Black Hawk County, Iowa, lying south of the south line of Smith Street, as is currently platted, and except
for that portion lying east of a line 45 feet west of the west line of Lot 12.
Page 57 of 162
INTENT TO VACATE
City of Waterloo
Planning and Zoning
715 Mulberry Street
Waterloo, IA 50703
We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally
described as (address or general location): t-f (9, j c 14,e '`Tv' �S-�, , have no objection to
the right-of-way being vacated and have been offered the op ie�rtunity to buy a portion of the right of way.
We wish to make the following known (check which applies):
We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property
(sign and date below and complete items 1-3).
We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my
property. This is contingent upon the property owner opposite ours/mine choosing not to
purchase their/his or her half (sign and date below and complete items 1-3).
We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below
d leave items 1-3 bl; nk).
gnature of adjacent property owner
Wal cke4\o05+6
Address
Date
511- - tc&(
Phone
1. 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): 5 5? K , I q
• 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 & mist., demolition, remove of curbs, etc):
Asking price — Deductions — Value of Property:
Offer Price for Portion of Alley You Intend to Purchase:
3 66 eS
2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to?
(Give special attention to spelling as these names will be verified and transposed as submitted onto
the deed.
he 1� $ &obhr" Sao ck
3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by
quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants -in -
common, joint tenancy with full rights of survivorship, or as individual ownership.)
cbtl
Jpa� J-1-e464CJ QS
Page 58 of 162
Description — alley vacate:
That portion of the platted alley adjoining Lots 10, 11, 12, and 14 of Smith's Subdivision, City of
Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently
platted. And also, that portion of the easement for alley purposes over Lot 14, Smith's Subdivision, City
of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted.
Description —conveyance to Stocks:
That portion of the platted alley adjoining Lot 12, Smith's Subdivision, City of Waterloo, Black Hawk
County, Iowa, lying 45 feet east of the west line of Lot 12.
Description — conveyance to Richardson:
That portion of the platted alley adjoining Lots 10, 11 and 12, Smith's Subdivision, City of Waterloo,
Black Hawk County, Iowa, lying south of the south line of Smith Street, as is currently platted, and except
for that portion lying east of a line 45 feet west of the west line of Lot 12.
Page 59 of 162
SALE OF PROPERTY POLICY
Price:
All properties shall have an asking price of:
1. A current appraisal price
2. The current assessed value for that parcel
3. The current price per square foot of abutting property
4. The current price per square foot of adjacent property
5. The applicant or city staff may replace an above -determined asking price with current information on the
sale of abutting or adjacent land
Price may be modified by below information:
RESIDENTIAL
COMMERCIAL/INDUSTRIAL
Buildable
Buildable
1. Price as determined above (1-5)
1. Price as determined above (1-5)
2. Payment of future taxes may be counted against
2. City Council may sell land for
or similar price
the purchase price. This shall be counted for 5
.$1.00
for areas within TIF, or Urbana
enewal Districts, or
years. For sites within CURA, it shall be extended
Industrial Parks, as they see fit for betterment of
to 8 years.
that area (by Development Agreement)
3. If located within an area which has not seen recent
3. Payment of future taxes may be counted against
new housing construction, City Council may sell for
the purchase price. This shall be counted for 5
$1.00 plus costs, in accordance with a development
years. For sites within CURA, it shall be extended
agreement requiring the buyer to construct new
to 8 years.
housing.
4. Otherwise, a minimum sale price of 70% of the
4. Otherwise, a minimum sale price of 70% of the
price as determined above.
price as determined above.
(Example: Council approved the sale of land to Con Agra at
(Example: Council approved sale of 4 lots along Chestnut
the MidPort Industrial Park for $1.00 in exchange for
Street for $1.00 in exchange for requirement of 4 homes being
requirement of multi -million pudding plant being constructed
built within a 2-year timeframe).
within 2-year timeframe).
Un-buildable
Un-buildable
1. Price as determined above (1-5)
1. Price as determined above (1-5)
2. May decrease price by 50% for area located within
2. May decrease price by 50% for area located within
an easement
an easement
3. Payment of future taxes may be counted against
3. May decrease price by 50%-100% for area in rear
the purchase price. This shall be counted for 5
or determined to have little to no value (alley, etc.)
years. For sites within CURA, it shall be extended
4. Payment of future taxes may be counted against
to 8 years.
the purchase price. This shall be counted for 5
4. Otherwise, a minimum sale price of 70% of the
years. For sites within CURA, it shall be extended
price as determined above
to 8 years.
(Example: A neighbor mowing a paper alley for 10 years may
5. Otherwise, a minimum sale price of 70% of the
request to purchase that alley. The alley has overhead
price as determined above
electric lines. The asking price is $0.65 per sq. ft. -
(Example 1: Under these rules, the r-o-w frontage along San
hypothetical 16' wide by 120' deep - or $1,248.00. They can
Marnan would still have boon transferred for $1.00 duo to
reduce by 50% for the easement over the entire area. This
taxable value of a new building on land.
would make selling price $624.00)
(Example 2: Under statement of eliminating rear areas with
little to no value, Council could still sell alley portion in rear of
property for $1.00 to Aramark - as previously requested).
For all properties:
1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites
within CURA, it shall be extended to 8 years. This shall be -40% of entire taxes to roughly estimate City's share
of taxes paid.
2. Goal is to have construction begun within a predetermined timeframe from approval of sale.
3. Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc.
4. The Council shall not sell un-buildable parcels of land, except to abutting property owners to try and create
buildable parcels of land for future tax base development
5. The offer amount and potential sale will also consider "Smart Growth" principles to allow land to be used for the
highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the
community.
PROCEDURE
Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable
value and expenses in relation to asking price, shall be forwarded to full City Council.
Any request that fails to meet the Policy criteria shall not be forwarded to Building & Grounds or City Council Any such
applicant shall need to request review to Building & Grounds by themselves through a City Council member. Such a
request shall require a $100.00 filing fee, which is not refundable, regardless of City Council decision.
In any case, the City Council still reserves the right to sell property in a variety of manners, such as bidding,
development proposal packets, or not selling the property.
Page 60 of 162
City of Waterloo City Council
January 27, 2020
QAAIT6-1 CT
136 Smith Street
Marvin Richardson
Price: $599.76
INDEPENDENCE AVE
fil
421 Cherry Street
Charles and Bobbi Stocks
Price: $336.80
INDEPENDENCE AVE
Adjacent to 136 Smith Street
Alley Vacate Request
Marvin Richardson and
Charles & Bobbi Stocks
Page 61 of 162
IN1 ANT TO VACA 1h
City of Waterloo
Planning and Zoning
715 Mulberry Street
Waterloo, IA 50703
We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally
described as (address or general location): 13(0,5 M T'+1/\ , have no objection to
the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way.
We wish to make the following known (check which applies):
Well wish to purchase from the City the one-half of the right-of-way that adjoins our/my property
(sign and date below and complete items 1-3).
X We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my
property. This is contingent upon the property owner opposite ours/mine choosing not to
purchase their/his or her half (sign and date below and complete items 1-3).
We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below
and leave items 1-3 blank).
1 Pi. . K c k(A$1 �I �
Signature of adjacent property owner Date
[ � � �S k ilk 51-
Address Phone
1. 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): , ' 0
-ONDp5tiPS U L
• 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 Portion of Alley You Intend to Purchase:
2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to?
(Give special attention to spelling as these names will be verified and transposed as submitted onto
the deed.)
/'Li v i /r / ? c / a i0/S'/)
3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by
quitclaim deed. Please indicate the legal form you wish to be transferred -in -(Le ,ems tenants -in -
common, joint tenancy with full rights of survivorship, o as individual ownership.),,
Page 62 of 162
Description — alley vacate:
That portion of the platted alley adjoining Lots 10, 11, 12, and 14 of Smith's Subdivision, City of
Waterloo, Black Hawk County, Iowa, Tying south of the south line of Smith Street as currently
platted. And also, that portion of the easement for alley purposes over Lot 14, Smith's Subdivision, City
of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted.
Description — conveyance to Stocks:
That portion of the platted alley adjoining Lot 12, Smith's Subdivision, City of Waterloo, Black Hawk
County, Iowa, lying 45 feet east of the west line of Lot 12.
Description — conveyance to Richardson:
That portion of the platted alley adjoining Lots 10, 11 and 12, Smith's Subdivision, City of Waterloo,
Black Hawk County, Iowa, Tying south of the south line of Smith Street, as is currently platted, and except
for that portion lying east of a line 45 feet west of the west line of Lot 12.
Page 63 of 162
SALE OF PROPERTY POLICY
Price:
All properties shall have an asking price of:
1. A current appraisal price
2. The current assessed value for that parcel
3. The current price per square foot of abutting property
4. The current price per square foot of adjacent property
5. The applicant or city staff: may replace an above -determined asking price with current information on the
sale of abutting or adjacent land
Price may be modified by below information:
RESIDENTIAL
COMMERCIAL/INDUSTRIAL
Buildable
Buildable
1. Price as determined above (1-5)
1. Price as determined above (1-5)
2. Payment of future taxes may be counted against
2. City Council may sell land for 1.00 or similar price
the purchase price. This shall be counted for 5
for areas within TIF, or Urban Renewal Districts, or
years. For sites within CURA, it shall be extended
Industrial Parks, as they see fit for betterment of
to 8 years.
that area (by Development Agreement)
3. If located within an area which has not seen recent
3. Payment of future taxes may be counted against
new housing construction, City Council may sell for
the purchase price. This shall be counted for 5
$1.00 plus costs, in accordance with a development
years. For sites within CURA, it shall be extended
agreement requiring the buyer to construct new
to 8 years.
housing.
4. Otherwise, a minimum sale price of 70% of the
4. Otherwise, a minimum sale price of 70% of the
price as determined above.
price as determined above.
(Example: Council approved the sale of land to Con Agra at
(Example: Council approved sale of 4 lots along Chestnut
the MidPort Industrial Park for $1.00 in exchange for
Street for $1.00 in exchange for requirement of 4 homes being
requirement of multi -million pudding plant being constructed
built within a 2- ear timeframe).
within 2-year timeframe).
Un-buildable
Un-buildable
1. Price as determined above (1-5)
1. Price as determined above (1-5)
2. May decrease price by 50% for area located within
2. May decrease price by 50% for area located within
an easement
an easement
3. Payment of future taxes may be counted against
3. May decrease price by 50%-100% for area in rear
the purchase price. This shall be counted for 5
or determined to have little to no value (alley, etc.)
years. For sites within CURA, it shall be extended
4. Payment of future taxes may be counted against
to 8 years.
the purchase price. This shall be counted for 5
4. Otherwise, a minimum sale price of 70% of the
years. For sites within CURA, it shall be extended
price as determined above
to 8 years.
(Example: A neighbor mowing a paper alley for 10 years may
5. Otherwise, a minimum sale price of 70% of the
request to purchase that alley. The alley has overhead
price as determined above
electric lines. The asking price is $0.65 per sq. ft. -
(Example 1: Under these rules, the r-o-w frontage along San
hypothetical 16' wide by 120' deep - or $1,248.00. They can
Marnan would still have been transferred for$1.00 due to
reduce by 50% for the easement over the entire area. This
taxable value of a new building on land.
would make selling price $624.00)
(Example 2: Under statement of eliminating rear areas with
little to no value, Council could still sell alley portion in rear of
property for $1.00 to Arai -nark - as previously requested).
For all properties:
1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites
within CURA, it shall be extended to 8 years. This shall be ^40% of entire taxes to roughly estimate City's share
of taxes paid.
2. Goal is to have construction begun within a predetermined timeframe from approval of sale.
3. Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc.
4. The Council shall not sell un-buildable parcels of land, except to abutting property owners to try and create
buildable parcels of land for future tax base development
5. The offer amount and potential sale will also consider "Smart Growth" principles to allow land to be used for the
highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the
community.
PROCEDURE
Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable
value and expenses in relation to asking price, shall be forwarded to full City Council.
Any request that fails to meet the Policy criteria shall not be forwarded to Building & Grounds or City Council. Any such
applicant shall need to request review to Building & Grounds by themselves through a City Council member. Such a
request shall require a $100.00 filing fee, which is not refundable, regardless of City Council decision.
In any case, the City Council still reserves the right to sell property in a variety of manners, such as bidding,
development proposal packets, or not selling the property.
Page 64 of 162
City of Waterloo City Council
January 27, 2020
QAAIT6-1 CT
136 Smith Street
Marvin Richardson
Price: $599.76
INDEPENDENCE AVE
fil
421 Cherry Street
Charles and Bobbi Stocks
Price: $336.80
INDEPENDENCE AVE
Adjacent to 136 Smith Street
Alley Vacate Request
Marvin Richardson and
Charles & Bobbi Stocks
Page 65 of 162
City of Waterloo Planning & Zoning Department
715 Mulberry Street, Waterloo, Iowa 50703
(319) 291-4366
Offer to Vacate and Purchase City Right -of -Way
❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement
U Sale of City-Owned�Property
Applicant: MO/ V ! % iG !'/a�"Atiress: i a6 t riff Sr Phone No.: I • 25Z 'OW/
General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.):
T -I-
c 4 7)( Si` -4-NO t'24 c ea41 Sr
Legal description of area to be conveyed, vacated, or encroached:
1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo):
Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee
• Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee
• Encroachment — One Hundred Dollar ($100.00) Filling Fee
• Sale of city -owned property not required to be vacated — No Fee
• Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee
2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be
required to be reviewed by the Building & Grounds Committee.]
• Asking price (see attached Sale of Property Policy for how calculated):
• Deductions
• May decrease price by 50% for area located within an easement:
• May decrease price for the City tax that will be collected on
the land within 5 yrs (8 yrs inside of the CURA):
• Costs (surveying & misc., demolition, remove of curbs, etc):
Asking price — Deductions = Value of Property:
Offer Price for Entire Area:
Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council. Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following easement all 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.
lori /� 1;( Uardsna
Applicant
vocoeici
Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
Page 66 of 162
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as February 17, 2020, for the sale and conveyance of City property,
located at 1809 Black Hawk Street, to 3 Little Lambs, LLC, in the amount of $1.00, and approving a
Development Agreement and Minimum Assessment Agreement for the construction of a new commercial
building, and instruct the City Clerk to publish notice.
City Council Meeting: 2/4/2020
Prepared: 1/28/2020
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
❑ Development Agreement
❑ Aerial Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
Date
1/29/2020 - 10:44 AM
1 /29/2020 - 11:14 AM
Resolution setting date of public hearing as February 17, 2020, for the sale
and conveyance of City property, located at 1809 Black Hawk Street, to 3
Little Lambs, LLC, in the amount of $1.00, and approving a Development
Agreement and Minimum Assessment Agreement for the construction of a
new commercial building, and instruct the City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The City of Waterloo acquired 1809 Black Hawk Street in March of 2019
through Iowa Code 657A and plans are to demolish the dilapidated dwelling
there now. The City has entered into previous development agreements with
3 Little Lambs, LLC in this area and they built 13,684 square feet of new
buildings at 1827 Black Hawk Street. The house on the property has an
assessed value of $38,690 and the Minimum Assessment Agreement
(MAA) requires that the new improvements shall not be less than
$125,000.00, with MAA ending December 31, 2028.
None
N/A
Economic Development
3 Little Lambs, LLC has been active in this area and has constructed nearly
14,000 square feet of new commercial buildings.
Page 67 of 162
Legal Descriptions:
Lot 7 in Block 16 in Hayes Addition to the Town (now City) of Waterloo,
Black Hawk County Iowa, and half of the alley abutting said Lot 7.
Page 68 of 162
Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703,
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
2020, by and between 3 Little Lambs, LLC ("Company"), and the
City of Waterloo, Iowa ("City").
RECITALS
A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015,
as amended (the "Urban Renewal Act"), City is engaged in carrying out
urban renewal project activities in an area known as the Rath Urban
Renewal and Redevelopment Plan Area ("Urban Renewal Area").
B. Company is willing and able to finance and construct a building and
related improvements on property located in the Urban Renewal Area.
C. City considers economic development within the City a benefit to the
community and is willing for the overall good and welfare of the community
to provide financial incentives so as to encourage that goal. City believes
that the development of the Property (defined below) is in the vital and
best interests of the City and in accordance with the public purposes and
provisions of the applicable State and local laws and requirements under
which the project has been undertaken and is being assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property; Title. Subject to the terms hereof, City shall convey to
Company for the sum of $1.00 (the "Purchase Price") the real property described on
Exhibit "A" attached hereto (the "Property"). Conveyance shall be by quit claim deed,
free and clear of all encumbrances arising by or through City except: (a) easements,
servitudes, conditions and restrictions of record; (b) current and future real estate real
Page 69 of 162
property taxes and assessments subject to the agreements made herein; (c) general
utility and right-of-way easements serving the Property; and (d) restrictions imposed by
the City zoning ordinances and other applicable law. City shall have no duty to convey
title to Company until Company delivers to City reasonable and satisfactory proof of
financial ability to undertake and carry on the Project (defined below), which may take
the form of a lending commitment letter. Company shall have no duty to accept title to
the Property until City has completed demolition activities in accordance with Section
6.A. City shall, at its own expense, prepare an updated abstract of title, or in lieu
thereof Company may, at its own expense, obtain whatever form of title evidence it
desires. If title is unmarketable or subject to matters not acceptable to Company, and if
City does not remedy or remove such objectionable matters in timely fashion following
written notice of such objections from Company, Company may terminate this
Agreement. City shall provide any title documents it has in its possession, including any
abstracts, to assist in title review.
2. Improvements by Company. Company shall construct on the Property a
commercial building of no less than 2,500 square feet, and related parking, landscaping,
and other improvements to the buildings and grounds (collectively, the "Improvements").
The Improvements shall be constructed in accordance with the terms of this Agreement,
the Urban Renewal Plan, all applicable City, state, and federal building codes- and shall
comply with all applicable City ordinances and other applicable law. Parking shall meet
City's minimum requirements based on building use, occupancy, and future intended
development on the Property. Company shall submit specific building designs and site
plans for City review and approval before the commencement of construction.
Company will use its best efforts to obtain, or cause to be obtained, in a timely manner,
all required permits, licenses and approvals, and will meet, in a timely manner, all
requirements of all applicable local, state, and federal laws and regulations which must
be obtained or met before the Improvements may be lawfully constructed. The
Property, the Improvements, and all site preparation and development -related work to
make the Property usable for Company's purposes as contemplated by this Agreement
are collectively referred to as the "Project".
3. Timeliness of Construction; Possibility of Reverter. The parties agree
that Company's commitment to cause the Project to be undertaken and to construct the
Improvements in a timely manner constitutes a material inducement for the City to
extend the development incentives provided for in this Agreement, including but not
limited to its commitment to convey the Property to Company, and that without said
commitment City would not have done so. Subject to Unavoidable Delays (defined
below), Company must obtain a building permit and begin construction of the
Improvements within six (6) months from the date of that it receives title to the Property
from City following City's completion of demolition as set forth in Section 6.A (the
"Project Start Date"), and construction of Improvements must be Substantially
Completed within twelve (12) months after commencement (the "Project Completion
Date"). For purposes of this Agreement, "Substantially Completed" means the date on
which the Improvements have been completed to the extent necessary for the City to
issue a certificate of occupancy relating thereto.
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If Company has not begun construction of the Improvements before the
Project Start Date, City may terminate this Agreement as set forth in Section 15, title to
the Property shall revert to City, and City shall have no further obligation hereunder. If
construction has not begun by the Project Start Date but the development of the Project
is still imminent, the City Council may, but shall not be required to, grant an extension of
the Project Completion Date. If construction has commenced within the required period
or any extended period and is stopped and/or delayed as a result of an act of God, war,
civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable
control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as
a result of Unavoidable Delays shall be added to extend the Project Completion Date by
a number of days equal to the number of days lost as a result of Unavoidable Delays,
and thereafter if construction is not completed within the allowed period of extension,
City may terminate this Agreement as set forth in Section 15, title to the Property shall
revert to City, and City shall have no further obligation hereunder.
4. Reverter of Title; Indemnity. In the event of any reverter of title,
Company agrees that it shall, at its own expense, promptly execute all documents,
including but not limited to a special warranty deed, or take such other actions as the
City may reasonably request to effectuate said reverter and to deliver to City title to the
Property that is free and clear of any lien, claim, charge, security interest, mortgage or
encumbrance (collectively, "Liens") arising by or through Company. Company shall pay
in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment
of Attorney in Fact: If Company fails to deliver such documents, including but not
limited to a special warranty deed, to City within thirty (30) days after written demand by
City, then City shall be authorized to execute, on Company's behalf and as its attorney -
in -fact, the special warranty deed required by this Section, and for such limited purpose
Company does hereby constitute and appoint City as its attorney -in -fact.
Company further agrees that it shall indemnify City and hold it harmless
with respect to any demand, claim, cause of action, damage, cost, expense, liability or
injury made, suffered, or incurred as a result of or in connection with the Project, or
Company's failure to carry on or complete same, or any Lien or Liens on or against the
Property of any type or nature whatsoever that attaches to the Property by virtue of
Company's ownership of same. If City files suit to enforce the terms of this Agreement
and prevails in such suit, then Company shall be liable for all legal expenses, including
but not limited to reasonable attorneys' fees, incurred by City. Company's duties of
indemnity pursuant to this Section shall survive the expiration, termination or
cancellation of this Agreement for any reason.
5. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services to any location
on the Property and for payment of any associated connection fees.
3
Page 71 of 162
6. Additional City Assistance. The incentives described in the following
subsections of this Section 6 are in addition to the other Project incentives extended by
City to Company hereunder.
A. Demolition. City will demolish all structures on the Property,
remove all trees and stumps, and remove all debris, leaving a
relatively level and construction -ready site.
B. Partial Tax Exemption. Because the Property is located in a
designated Consolidated Urban Revitalization Area (CURA), the
Property is eligible for tax exemption consistent with and to the
extent provided for in Iowa law, provided that Company meets all
requirements to qualify for such exemption.
C. Vacated Alley. City agrees to take all steps necessary to vacate
the alley behind the Property and to convey same to Company by
quit claim deed concurrently with conveyance of the Property.
7. Minimum Assessment Agreement. Company acknowledges and
agrees that it will pay when due all taxes and assessments, general or special, and all
other lawful charges whatsoever levied upon or assessed or placed against the
Property. Company further agrees that, prior to the date set forth in Section 2 of the
Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not
seek or cause a reduction in the assessed valuation for the Property as improved
pursuant to this Agreement, which shall be fixed for assessment purposes, below the
aggregate amount of $125,000.00 ("Minimum Actual Value"), through:
(i) willful destruction of the Property (other than any demolition that
may be authorized herein), Improvements, or any part of either;
(ii) a request to the assessor of Black Hawk County; or
(iii) any proceedings, whether administrative, legal, or equitable, with
any administrative body or court within the City, Black Hawk
County, the State of Iowa, or the federal government.
Company agrees to sign and deliver the MAA to City concurrently with execution and
delivery of this Agreement.
8. No Encumbrances; Limited Exception. Until completion of the
Improvements, Company agrees that it shall not create, incur, or suffer to exist any
Liens on the Property, other than such mortgage or mortgages as may be reasonably
necessary to finance Company's completion of the Improvements and of which
Company notifies City before Company executes any such mortgage. Company may
not mortgage the Property or any part thereof for any purpose except in connection with
financing of the Improvements.
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Page 72 of 162
9. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project, whether in whole or in part, to any other person or entity without the prior
written consent of City. Reasonable grounds for the City to withhold its consent shall
include but are not limited to the inability of the proposed transferee to demonstrate to
the City's satisfaction that it has the financial ability to observe all of the terms to be
performed by Company under this Agreement.
10. Additional Covenants of Company. In addition to the other promises,
covenants and agreements of Company as provided elsewhere in this Agreement,
Company agrees as follows:
A. Company agrees during construction of the Improvements and
thereafter until the MAA termination date to maintain, as applicable, builder's risk,
property damage, and liability insurance coverages with respect to the
Improvements in such amounts as are customarily carried by like organizations
engaged in activities of comparable size and liability exposure, and shall provide
evidence of such coverages to the City upon request.
B. Until Substantial Completion of the Improvements, Company shall
make such reports to City, in such detail and at such times as may be reasonably
requested by City, as to the actual progress of Company with respect to
construction of the Improvements.
C. The Property will have a taxable value as set forth in the MAA, and
Company agrees that the minimum actual value of the Property and completed
Improvements as stated in the MAA will be a reasonable estimate of the actual
value of the Property and Improvements for ad valorem property tax purposes.
Company agrees that it will spend enough in construction of the Improvements
that, when combined with the value of the Property and related site
improvements, will equal or exceed the assessor's minimum actual value for the
Property and Improvements as set forth in the MAA.
D. Until termination of the MAA, Company will maintain, preserve and
keep the Property, including but not limited to the Improvements, in good repair
and working order, ordinary wear and tear excepted, and from time to time will
make all necessary repairs, replacements, renewals and additions.
E. Company shall pay, or cause to be paid, when due, all real property
taxes and assessments payable with respect to any and ail parts of the Property.
Company agrees that (1) it will not seek administrative review or judicial review of
the applicability or constitutionality of any Iowa tax statute or regulation relating to
the taxation of real property included within the Property that is determined by
any tax official to be applicable to the Property or to Company, or raise the
inapplicability or constitutionality of any such tax statute or regulation as a
5
Page 73 of 162
defense in any proceedings of any type or nature, including but not limited to
delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or
abatement, either presently or prospectively authorized under Iowa Code
Chapter 403 or 404, or any other state law, of the taxation of real property
included within the Property.
11. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
12. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. It is duly organized, validly existing, and in good standing under the
laws of the state of its organization and is duly qualified and in good standing
under the laws of the State of Iowa.
B. It has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed
to be conducted, and to enter into and perform its obligations under this
Agreement.
C. This Agreement has been duly and validly authorized, executed
and delivered by Company and, assuming due authorization, execution and
delivery by the other parties hereto, is in full force and effect and is a valid and
legally binding instrument of Company that is enforceable in accordance with its
terms, except as the same may be limited by bankruptcy, insolvency,
reorganization or other laws relating to or affecting creditors' rights generally.
D. The execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, and the fulfillment of or compliance with
the terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of organization or operating agreement of Company or
of any contractual restriction, evidence of indebtedness, agreement or instrument
of whatever nature to which Company is now a party or by which it or its property
is bound, nor do they constitute a default under any of the foregoing.
E. There are no actions, suits or proceedings pending or threatened
against or affecting Company in any court or before any arbitrator or before or by
6
Page 74 of 162
any governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business (present or
prospective), financial position, or results of operations of Company or which in
any manner raises any questions affecting the validity of the Agreement or
Company's ability to perform its obligations under this Agreement.
13. Indemnification and Releases.
A. Company hereby releases City, its elected officials, officers,
employees, and agents (collectively, the "indemnified parties") from, covenants
and agrees that the indemnified parties shall not be liable for, and agrees to
indemnify, defend and hold harmless the indemnified parties against, any loss or
damage to property or any injury to or death of any person occurring at or about
the Property or resulting from any defect in the Improvements. The indemnified
parties shall not be liable for any damage or injury to the persons or property of
Company or its directors, officers, employees, contractors or agents, or any other
person who may be about the Property or the Improvements, due to any act of
negligence or willful misconduct of any person, other than any act of negligence
or willful misconduct on the part of any such indemnified party or its officers,
employees or agents.
B. Except for any willful misrepresentation, any willful misconduct, or
any unlawful act of the indemnified parties, Company agrees to protect and
defend the indemnified parties, now or forever, and further agrees to hold the
indemnified parties harmless, from any claim, demand, suit, action or other
proceedings or any type or nature whatsoever by any person or entity
whatsoever that arises or purportedly arises from (1) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action,
demand or other proceeding brought by Company against the City to enforce its
rights under this Agreement), or (2) the acquisition and condition of the Property
and the construction, installation, ownership, and operation of the Improvements,
or (3) any hazardous substance or environmental contamination located in or on
the Property, but only to the extent such liability has not been previously
transferred to and accepted by the City in writing.
C. The provisions of this Section shall survive the expiration or
termination of this Agreement.
14. Default. The following shall be "Events of Default" under this Agreement,
and the term "Event of Default" shall mean any one or more of the following events that
continues beyond any applicable cure periods:
A. Failure by Company to cause the construction of the Improvements
to be commenced and completed pursuant to the terms, conditions and
limitations of this Agreement;
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Page 75 of 162
B. Transfer by Company of any interest (either directly or indirectly) in
the Improvements, the Property, or this Agreement, without the prior written
consent of City;
C. Failure by Company to pay, before delinquency, all ad valorem
property taxes levied on or against the Property;
D. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement or the MAA;
E. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement, composition, readjustment, liquidation, dissolution,
or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to the Property.
F. Any representation or warranty made by Company in this
Agreement, or made by Company in any written statement or certificate furnished
by Company pursuant to this Agreement, shall prove to have been incorrect,
incomplete or misleading in any material respect on or as of the date of the
issuance or making thereof.
15. Remedies.
A. Default by Company. Whenever any Event of Default in respect of
Company occurs and is continuing, the City may terminate this Agreement.
Before exercising such remedy, City shall give 30 days' written notice to
Company of the Event of Default, provided that by the conclusion of such period
the Event of Default shall not have been cured, or the Event of Default cannot
reasonably be cured within 30 days and Company shall not have provided
assurances reasonably satisfactory to the City that the Event of Default will be
cured as soon as reasonably possible. Upon termination, City may exercise any
and all remedies available at law, equity, contract or otherwise for recovery of
any sums paid by City to Company before the date of termination or to recover
ownership of the Property as set forth in this Agreement.
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Page 76 of 162
B. Default by City. Whenever any Event of Default in respect of
Company occurs and is continuing, Company may take such action against City
to require it to specifically perform its obligations hereunder. Before exercising
such remedy, Company shall give 30 days' written notice to City of the Event of
Default, provided that by the conclusion of such period the Event of Default shall
not have been cured, or if the Event of Default cannot reasonably be cured within
30 days and City shall not have provided assurances reasonably satisfactory to
the Company that the Event of Default will be cured as soon as reasonably
possible.
C. Remedies under this Agreement shall be cumulative and in addition
to any other right or remedy given under this Agreement or existing at law or in
equity or by statute. Waiver as to any particular default, or delay or omission in
exercising any right or power accruing upon any default, shall not be construed
as a waiver of any other or any subsequent default and shall not impair any such
right or power.
16. Obligations Contingent. Each and every obligation of City under this
Agreement is expressly made subject to and contingent upon City's completion of all
procedures, hearings and approvals deemed necessary by City or its legal counsel for
amendment of the urban renewal plan applicable to the Property and/or project area, all
of which must be completed within 180 days from the date this Agreement is approved
by the City council. If such completion does not occur, then any conveyance, benefit or
incentive of any type provided by City hereunder within said 180-day period is subject to
reverter of title, revocation, repayment or other appropriate action to restore such
property, benefit or incentive to City, and Company agrees to cooperate diligently and in
good faith with any reasonable request by City to effectuate the restoration of same, or
failing such restoration Company agrees to be liable for same or for the fair value
thereof, plus interest on any sums owing at the rate of 10% per annum commencing
with the date of demand for payment, if said payment is not remitted to City within 30
days.
17. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of Company to be performed is a material term of
this Agreement, and each and every such promise, covenant, representation, and
warranty constitutes a material inducement for City to enter this Agreement. Company
acknowledges that without such promises, covenants, representations, and warranties,
City would not have entered this Agreement. Upon breach of any promise or covenant,
or in the event of the incorrectness or falsity of any representation or warranty, City
may, at its sole option and in addition to any other right or remedy available to it,
terminate this Agreement and declare it null and void.
18. Performance by City. Company acknowledges and agrees that all of the
obligations of City under this Agreement shall be subject to, and performed by City in
accordance with, all applicable statutory, common law or constitutional provisions and
9
Page 77 of 162
procedures consistent with City's lawful authority. All covenants, stipulations, promises,
agreements and obligations of City contained in this Agreement shall be deemed to be
the covenants, stipulations, promises, agreements and obligations of City and not of any
governing body member, officer, employee or agent of City in the individual capacity of
such person.
19. No Third -Party Beneficiaries, No rights or privileges of any party hereto
shall inure to the benefit of any contractor, subcontractor, material supplier, or any other
person or entity, and no such contractor, subcontractor, material supplier, or other
person or entity shall be deemed to be a third -party beneficiary of any of the provisions
of this Agreement.
20. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one
of the foregoing means), and addressed:
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number
319-291-4571, Attention: Mayor, with copies to the City Attorney and the
Community Planning and Development Director.
(b) if to Company, at P.O. Box 655, Waterloo, IA 50704, Attention:
Jonathan Brundrett.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains
written electronic confirmation from the sending facsimile machine that such
transmission was successful. A party may change the address for giving notice by any
method set forth in this Section.
21. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or
any other relationship between the City and Company nor to create any liability for one
party with respect to the liabilities or obligations of the other party or any other person.
22. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
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Page 78 of 162
23. Severability; Reformation. Each provision, section, sentence, clause,
phrase, and word of this Agreement is intended to be severable. If any portion of this
Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the
offending provision or part thereof shall be deemed severed from this Agreement and
the remaining provisions of this Agreement shall not be affected thereby and shall
continue in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
24. Captions. All captions, headings, or titles in the paragraphs or sections of
this Agreement are inserted only as a matter of convenience and/or reference, and they
shall in no way be construed as limiting, extending, or describing either the scope or
intent of this Agreement or of any provisions hereof.
25. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
26. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
27. Entire Agreement. This Agreement, together with the exhibits attached
hereto, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
28. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
[signatures on next page]
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CITY OF WATERLOO, IOWA 3 LITTLE LAMBS, LLC
By:
Quentin M. Hart, Mayor
Attest:
Kelley Felchle, City Clerk
J.`' athan Brundrett
M. naging Member
PERSONAL GUARANTY. The undersigned person(s), being either an owner,
officer, shareholder, member and/or manager of Company, hereby agree for
themselves and their heirs, personal representatives, and assigns, to unconditionally
guarantee to City, its successors and assigns, the full and prompt performance by
Company, its successors and assigns, of all promises and covenants on the part of
Company to be performed pursuant to the foregoing Agreement, including but not
limited to the duties of indemnity set forth therein, if any. Liability of guarantors
hereunder is joint and several.
12
athan Brundrett
Page 80 of 162
EXHIBIT "A"
Legal Description of Property:
Lot 7 in Block 16 in Hayes' Addition to the Town (now City) of Waterloo, Black Hawk County,
Iowa, and half of alley abutting said Lot 7.
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"Page intentionally blank"
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EXHIBIT "B"
MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement (the "Agreement") is entered into as of
2020, by and among the CITY OF WATERLOO, IOWA ("City"),
3 LITTLE LAMBS, LLC ("Company"), and the COUNTY ASSESSOR of the City of
Waterloo, Iowa ("Assessor").
WITNESSETH:
WHEREAS, on or before the date hereof the City and Company have entered
into a development agreement (the "Development Agreement") regarding certain real
property, described in Exhibit "A" thereto, located in the City; and
WHEREAS, it is contemplated that pursuant to the Development Agreement, the
Company will undertake the development of an area ("Project") within the City and
within the Rath Urban Renewal and Redevelopment Plan Area; and
WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the
Company desire to establish a minimum actual value for the land and the building(s)
pursuant to this Agreement and applicable only to the Project, which shall be effective
upon substantial completion of the Project and from then until this Agreement is
terminated pursuant to the terms herein and which is intended to reflect the minimum
actual value of the land and buildings as to the Project only; and
WHEREAS, the City and the Assessor have reviewed the preliminary plans and
specifications for the improvements (the "Improvements") which the parties contemplate
will be erected as a part of the Project.
NOW, THEREFORE, the parties hereto, in consideration of the promises,
covenants, and agreements made by each other, do hereby agree as follows:
1. Upon substantial completion of construction of the Improvements by the
Company, the minimum actual value which shall be fixed for assessment purposes for
the land and Improvements to be constructed thereon by the Company as a part of the
Project shall not be less than $125,000.00 ("Minimum Actual Value") until termination of
this Agreement. The parties hereto agree that construction of the Improvements will be
substantially completed before December 31, 2021. If they are not, then the parties
agree to execute an amendment to this Agreement that will extend the dates specified
in Section 2 below.
2. The Minimum Actual Value herein established shall be of no further force
and effect, and this Minimum Assessment Agreement shall terminate, on December 31,
2028. Nothing herein shall be deemed to waive the Company's rights under Iowa Code
15
Page 83 of 162
§ 403.6, as amended, to contest that portion of any actual value assignment made by
the Assessor in excess of the Minimum Actual Value established herein. In no event,
however, shall the Company seek or cause the reduction of the actual value assigned
below the Minimum Actual Value established herein during the term of this Agreement,
Nothing herein shall limit the discretion of the Assessor to assign at any time an actual
value to the land and Improvements in excess of the Minimum Actual Value.
3. Company agrees that it will not seek administrative review or judicial
review of the applicability or constitutionality of any Iowa tax statute or regulation
relating to the taxation of real property included within the Property that is determined by
any tax official to be applicable to the Property or to Company, or raise the
inapplicability or constitutionality of any such tax statute or regulation as a defense in
any proceedings.
4. This Agreement shall be promptly recorded by the City with the Recorder
of Black Hawk County, Iowa. The City shall pay all costs of recording.
5. Neither the preambles nor provisions of this Agreement are intended to, or
shall be construed as, modifying the terms of the Development Agreement.
6. This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties, including but not limited to future owners of the
Project property.
CITY OF WATERLOO, IOWA 3 LITTL LAMBS, LLC
By:
Quentin M. Hart, Mayor
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA
) ss.
COUNTY OF BLACK HAWK
athan Brundrett
M: naging Member
On this day of , 2020, before me, a Notary Public in and
for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me
personally known, who being duly sworn, did say that they are the Mayor and City
16
Page 84 of 162
Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said municipal corporation, and that said instrument was signed
and sealed on behalf of said municipal corporation by authority and resolution of its City
Council, and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipal corporation by it and by them voluntarily executed.
STATE OF IOWA
) ss.
COUNTY OF BLACK HAWK
Notary Public
Subscribed and sworn to before me omJ4-7Ze.9 GI 7-7
Brundrett as Managing Member of 3 Little Lambs, LLC.
TIM ANDERA
COMMISSION NO. 772518
MY COMMIS i 1O, 2021 WIRES
, 2020, by Jonathan
17
Page 85 of 162
CERTIFICATION OF ASSESSOR
The undersigned, having reviewed the plans and specifications for the
improvements to be constructed and the market value assigned to the land upon which
the improvements are to be constructed for the development, and being of the opinion
that the minimum market value contained in the foregoing Minimum Assessment
Agreement appears reasonable, hereby certifies as follows: The undersigned
Assessor, being legally responsible for the assessment of the property subject to the
development, upon completion of improvements to be made on it and in accordance
with the Minimum Assessment Agreement, certifies that the actual value assigned to
such land and building upon completion of the development shall not be Tess than One
Hundred Twenty-five Dollars ($125,000.00) in the aggregate, until termination of this
Minimum Assessment Agreement pursuant to the terms hereof.
Assessor for Black Hawk County, Iowa
Date
STATE OF IOWA
COUNTY OF BLACK HAWK
Subscribed and sworn to before me on , 2020, by T.J.
Koenigsfeld, Assessor for Black Hawk County, Iowa.
Notary Public
18
Page 86 of 162
Citij of Waterloo, Iowa
CITY OF WATERLOO
Council Communication
Recommendation of appointment of Craig Laue, from the Civil Service list, to the position of Development
and Marketing Manager at the Waterloo Center for the Arts, effective February 17, 2020.
City Council Meeting: 2/4/2020
Prepared: 1/24/2020
REVIEWERS:
Department Reviewer Action Date
Culture & Arts Higby, Nancy Approved 1/29/2020 - 11:49 AM
ATTACHMENTS:
Description Type
u development & marketing manager documents Cover Memo
SUBJECT:
Recommendation of appointment of Craig Laue, from the Civil Service list
to the position of Development and Marketing Manager at the Waterloo
Center for the Arts, effective February 17, 2020.
Submitted by: Submitted By: Kent Shankle, Cultural and Arts Director
Recommended Action: Approval
Expenditure Required: $64,424 ($39,520 salary plus $24,904 benefits)
Source of Funds:
Policy Issue:
General Fund 010-26-4208-1111, FT Salaries; position is included in the
adopted FY20 budget
This professional position is responsible for planning, creating, implementing
and managing all development, marketing and public relations activities for
the Waterloo Center for the Arts and assigning and supervising the work of
the Graphic Designer. This position is required to connect citizens with arts
and cultural resources offered by the Waterloo Center for the Arts/City of
Waterloo and to attract visitors to our community for cultural tourism
experiences. The position is also critical for generating supplemental
operating revenue from grants, sponsorships and contributions in order to
minimize tax support.
Page 88 of 162
PERSONNEL '' QUISITION FO
Check as applicable:
To start recruiting or civil service process and/or
n Active Civil Service List Expires:
RECEiVED SEP 2
To fill a vacancy
A proposed job description and questionnaire must accompany this form at time of submission to
Human Resources.
>:*****a'ciF]F]F****************::Y:C)CiC%'*******xx xxxx xx*Istr*xxxxxxx xxxxx%Xicxxxx Cxxx*x.,,, Cxxwxrrxwwwx.,:x C
Position Title: Marketing & Development Manager Department: Cultural & Arts
Reports To: Director
Employment Status:
Work Location: Waterloo Center for the Arts
Regular Full Time n Temporary Full Time from to
❑ Regular Part Time T Temporary Part Time from to
❑ Regular 7-Month n Intern/Co-op Student from to
Type of Position: Recommended Recruitment Sources:
Civil Service Position: El Yes n No n Internal Posting Only
Bargaining Position: ❑ Yes 0 No ® Internal Posting and External Advertising
Bargaining Group:
Non -bargaining Position: ® Yes ❑ No
**********************************:***************************************************************
Complete the following if the requisition is to fill a vacancy:
n New Position or r Replacement Position for: Laura Stammler
(Specify name and title of former incumbent)
If replacement, former incumbent: /1 Retired/Resigned/Terminated ❑ Transferred n Promoted
Date incumbent terminated employment: 3/29/19 Date of final payout: 4/26/19
Anticipated start date: 12/1/19 No. of hours/week: 40 Work schedule: M-F: 8:OOam-5:OOpm
Justification of need for position: This position is responsible for connecting citizens with the City's cultural and arts services
and promoting visitors to visit Waterloo for the City's cultural tourism opportunities. This position is critical for effective
delivery of services, and maintaining (maximizing revenue streams including admissions, event rentals, registrations, grants,
sponsorships and individual contributions.
What are the likely consequences if the position is not filled? If this position not filled, the Center's
marketing/promotional efforts will be scaled back resulting in a reduction in participation and likely reductions in revenues.
APPROVALS
Annual salary requirements: $39,520 Hourly Rate: $19 Benefits: $24,904
(Payroll taxes, pension, health ins.- assuming family)
Is position budgeted for this and future FYs? Yes n No If no, how will position be funded?
Approved subject to the following conditions:
Submitting Department Head
Human Resources Co
% -0tr9
Date
ttee Chairperson Date
Mayor
Human Resources Director
/ //
Date
/Oa?
Date
Created 6/30/2017
Page 89 of 162
PERSONNEL REQUISITION
Marketing and Development Manager
The following questions are provided as guidelines to assist you in developing your
rational for the position of Marketing and Development Manager in the Cultural &Arts
Department. Depending upon your situation, some questions may or may not apply.
Please provide written responses to these questions as part of your preparation for
meeting with the Mayor.
(1) What are the key job responsibilities of this position?
See job description (attached).
(2) Can the job responsibilities of this position be assigned to other employees
within the department? If no, why not?
The duties and schedule are specific to this position and there is not adequate
staffing in place to support reassignment of the duties associated with the
position.
(3) How is the work of this position being accomplished now?
Currently, base level responsibilities associated with this position are being
covered by the Director. Because of this, marketing efforts have been
temporarily scaled back.
(4) Are the filled positions in your department currently being utilized to their
maximum potential?
Yes, our department has experienced recent reductions in staffing and .
(5) How would filling this position meet the needs of your department or the City
on either a short-term basis (if temporary position) or a long-term basis (if a
regular position)?
This position is required to connect citizens with arts and cultural resources
offered by the Waterloo Center for the Arts/City of Waterloo and to attract
visitors to our community for cultural tourism experiences. The position is
also critical for generating supplemental operating revenue from grants,
sponsorships and contributions in order to minimize tax support.
(6) What cost savings or revenues, if any, would your department or the City
realize if this position is filled?
This position is critical for attracting patrons for revenue -producing programs
including class/event registrations, museum admissions, room rentals,
Holiday Art Festival, Stem & Stein, concerts, plays, etc. This position is also
primarily responsible for generating revenues from grants, sponsorships and
individual contributions.
(7) If you are paying overtime or comp time within your department to
accomplish this work now, how much overtime or comp time has been paid
out or earned that is directly attributable to this position and over what period
of time?
Our department does not have a budget for or allowed no overtime expenses
have been incurred.
Page 90 of 162
(8) How has the work load or demands of your department changed in
comparison to your staffing levels over the past three fiscal years? Provide
statistics if possible.
As noted, our depai intent has experienced staffing reductions in recent years.
Despite this the number of programs/event hosted by the Center and the
associated revenues continue to rise. Number of events presented have been
increasing 25-30% annually.
(9) If this position is not filled, what affect will it have on your department?
What work will not get done? What costs will you incur? Please be as
specific as possible.
This position is critical for attracting patrons for revenue -producing programs
including class/event registrations, museum admissions, room rentals,
Holiday Art Festival, Stem & Stein, concerts, plays, etc. This position is also
primarily responsible for generating revenues from grants, sponsorships and
individual contributions. Currently, WCA is operating with base -level
marketing/promotion only relying primarily on FaceBook and direct mail
marketing, and some very limited paid ads. E-blasts, press releases, and
postings to other social media platforms have been temporarily curtailed. This
has resulted in drops in attendance for certain events/programs and associated
revenues.
(10)How do you cover the responsibilities for this position whenever the
incumbent is out on vacation?
Generally, the Marketing and Development Manager can manage their work
flow to prepare for planned absences.
(11)Is it possible that the City could outsource this position to an outside agency?
If so, what savings, if any, would the City realize as a result of this change?
It would not likely be advantageous to outsource this position. The Marketing
and Development Manager plays a key role in the overall operation of the
center and is actively involved on project teams to develop and implement
specialized program/event-based marketing activities. Any savings would
likely be offset by inefficiencies, additional coordination costs and reduced
revenues.
(12)How would you rank this position in terms of its contribution to City business
in comparison with other positions reporting to you?
This position connects citizens with arts and cultural resources offered by the
Waterloo Center for the Arts/City of Waterloo and attracst visitors to our
community for cultural tourism experiences. If the public is not informed of
cultural programs and experiences offered, they will not/cannot access them,
rendering the efforts of those in other positions ineffective.
Again, most of the Center's revenue streams are tied to this position.
(13)How does this position impact the Goals and Objectives for the City adopted
by the City Council? This position directly supports Goal 1, particularly
strategies 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 programming development); and 1.7 (seek
ways to create a "live, learn, work, and play" environment with amenities that
Page 91 of 162
attract and retain population in Waterloo) and Goal 4 (Enhance the image of
Waterloo and the City to residents and businesses inside and outside the
community), particularly strategy 4.5 (maintain services & facilities that
support quality of life), among others.
Note: Forward completed questionnaire to Human Resources
Department with original copy of Personnel Requisition form.
Page 92 of 162
Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the
Development/Marketing Manager description and following directions to submit cover letter and resume.
We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is
Noon on Wednesday, November 27, 2019.
CIVIL SERVICE NOTICE
CITY OF WATERLOO, IOWA
OPEN EXAMINATION
DEVELOPMENT/MARKETING MANAGER
DEPARTMENT
SALARY
FLSA
CIVIL SERVICE
BARGAINING UNIT
CULTURE & ARTS
$19.00 per hour
NON-EXEMPT
INCLUDED
NON -BARGAINING
GENERAL STATEMENT OF DUTIES
Professional position responsible for strategizing, creating, implementing and managing all development,
marketing and public relations activities for the Waterloo Center for the Arts and supervising, assigning and
overseeing the work of the graphic designer. The work is performed under the general direction of the Culture
& Arts Director, but considerable leeway is granted for the exercise of independent judgment and initiative.
May also assist in supervising interns and volunteers.
EXAMPLES OF ESSENTIAL FUNCTIONS
(Illustrative Only)
These functions are considered essential for
successful performance in this job classification.
Marketing
1. Develops and implements a marketing plan
to promote all Art Center programs,
exhibits, events and the Youth Pavilion.
2. Supervises graphic designer, assigning and
overseeing their work on marketing and
branding projects.
3. Develops timelines and deadlines
annual marketing calendar
communicates this information
appropriate staff.
for the
and
to the
4. Develops and manages the annual
marketing/public relations budget.
5. Oversees marketing and public relations for
annual fundraisers.
7. Supervises the writing of and/or writes all
promotional materials; edits all materials.
8. Works with appropriate staff to identify
audiences for direct mail including Art
Center past users and other relevant lists.
9. Works with appropriate staff and vendors to
ensure timely delivery of all direct mail.
10. Maintains archives of printed and electronic
promotional materials.
11. Researches/identifies grants and other
funding sources to support marketing plans.
12. Works with Digital Arts Manager to
maintain the WCA brand in all marketing
efforts.
13. Manages all online branding efforts through
WCA and Youth Pavilion websites, digital
marquee, social media, email blasts and
other forms of communication.
6. Oversees media relations.
Page 93 of 162
Development
1. Manages grant writing and research,
building foundation and corporate resources
and relations and all fundraising efforts.
2. Plans and implements the annual campaign.
3. Plans and implements promotion of
weekday and evening room rentals.
4. Plans and implements a program to secure
corporate support for exhibitions and
programs.
5. Works with staff to develop and implement
strategies to communicate with current and
new patrons.
6. Recruits and maintains relations with in -
kind sponsors, including media and other
agencies.
7. Plans and implements donor recognition.
8. Oversees the integrated membership
program, including recruitment, retention
and recognition.
Miscellaneous
1. May supervise volunteers and interns, as
assigned.
2. Takes an active role in the community to
develop relationships and keep WCA
programs visible.
3. Uses a variety of software including
Microsoft Office, Access, In Design,
Photoshop and Illustrator.
4. Participates in strategy and planning
related to Center for the Arts programs and
activities.
5. Attends training sessions related to
marketing and public relations and remains
informed on new or innovative methods.
6. Participates in Center for the Arts meetings,
training and other activities as required by
Culture & Arts Director.
7. Compiles data, prepares reports, performs
data entry and completes forms on personal
computer using the applicable software.
8. May assist with other Center for the Arts
programs and activities as needed.
9. Communicates with and maintains effective
working relationships with coworkers,
supervisors, Board members, donors, the
media, volunteers and patrons.
10. Works independently and with others with
minimum supervision.
11. Attends work regularly at the designated
place and time.
12. Performs all work duties and activities in
accordance with City policies, procedures
and City, OSHA and Center for the Arts
safety rules and regulations.
13. Performs all other related duties as assigned.
REQUIRED KNOWLEDGE & ABILITIES
1. Knowledge of and proficiency with personal
computers, fundraising software, In Design,
Photoshop and Illustrator.
2. Ability to learn specialized software
necessary to perform required job
responsibilities.
3. Ability to plan, organize and carry out all
activities necessary to complete individual
job assignments in a timely and efficient
manner.
4. Ability to manage several projects and
variety of timelines and deadlines
concurrently.
5. Ability to use creativity, independent
judgment and self -motivation to formulate
innovative ideas or to solve problems as they
apply to Center for the Arts marketing and
public relations projects.
6. Demonstrates expertise in grant writing
and/or creative writing projects (must submit
samples of writing).
Page 94 of 162
7. Ability to present materials and information
in good report form.
8. Ability to work independently or as a member
of a team with minimum supervision.
9. Ability to communicate effectively orally and
in writing, give recommendations and
respond to questions from patrons, the media,
Board members, donors, volunteers and
coworkers tactfully and in a clear, concise
and easily understandable manner.
10. Ability to establish and maintain effective
working relationships with other City
employees and supervisors.
11. Ability to work with people from a broad
variety of social, economic, racial, ethnic,
cultural and educational backgrounds.
ACCEPTABLE EXPERIENCE & TRAINING
1. Bachelors Degree in communications or
closely related field from an accredited
college or university with minimum three
years successful experience in development
and fundraising and in developing and
implementing marketing and public relations
plans and calendars
OR
Any equivalent combination of education and
experience that provides the knowledge,
skills and abilities necessary to perform the
essential functions of the position.
2. Work experience must be verifiable with an
educational, cultural or other agency or
business.
3. Prefer non-profit experience and experience
working with a board of directors.
4. If operating a City vehicle, Iowa Driver's
License and good driving record based on
the City of Waterloo driver performance
criteria. A candidate with any of the
following will automatically eliminate a
candidate from operating a City vehicle:
loss of license, plea of guilty, plea of no
contest or its equivalent or conviction for
OWI, reckless driving or other major
moving violation within the previous five
years; four or more citations for moving
violations within the previous three-year
period, excluding speeding violations of 10
mph or less over the posted speed limit;
three or more citations for moving violations
within the previous one-year period. After
appointment to the position, the following
will be reviewed to determine whether the
employee will be allowed to continue
operating a City vehicle: four or more
citations for moving violations within a
three year period or three or more citations
for moving violations within a one year
period will be reviewed on a case -by -case
basis and may result in revocation of
employee driving privileges with a City
vehicle. Two or more at -fault accidents
within a three-year period while driving a
City vehicle may result in revocation of
employee driving privileges with a City
vehicle. An applicant's driving record will
be reviewed prior to an offer of employment
and at least annually after hire.
ESSENTIAL PHYSICAL ABILITIES
The following physical abilities are required with or
without accommodation.
1. Sufficient mobility to move physically within
the Center for the Arts building and attend
meetings or other activities at various City
and community facilities.
2. Sufficient speech and hearing that permits the
employee to respond to questions from
coworkers, patrons, the media, donors and
board members in person or on the telephone
and make oral presentations.
3. Sufficient vision and manual dexterity that
permits the employee to operate a personal
computer, handle files and perform other
administrative and technical duties.
MISCELLANEOUS
1. The City of Waterloo will conduct a
background investigation including
employment, education and criminal history
checks on any applicant being considered for
this position .
2. Following a conditional offer of
Page 95 of 162
employment, the City of Waterloo reserves
the right to require a physical examination,
including a drug test, by a physician of the
City's choice to determine if an applicant is
capable of performing the essential
functions of the position.
3. Must submit to and pass Civil Service
examination procedures including a panel
interview
WORK SCHEDULE
Generally 8:00 a.m. to 5:00 p.m. Monday through
Friday with one hour unpaid lunch. Must also be
available for Center for the Arts or other City
activities or meetings that require the attendance of
the Development/Marketing Manager. Occasional
weekend hours. No overtime.
ORAL EXAMINATION
All qualified candidates who apply by the deadline
date will be required to appear before an interview
panel consisting of a minimum of three people who
have expertise in the areas being tested. An
individual must receive a minimum average score of
sixty points out of one hundred to achieve a passing
score on the interview. The top applicants, as ranked
by their scores on the interview, will be the
individuals placed on the certified list. Applicants
who qualify as outlined and are full time regular
employees of the City of Waterloo shall have one
additional point per full year of employment up to a
maximum of five points added to their final score.
Honorably discharged men and women from the
military or naval forces of the United States who
qualify per provisions of Chapter 35 of the Code of
Iowa and who are citizens and residents of the United
States shall have five additional points added to their
final score upon submission of their DD214 or ten
points added if they were awarded a Purple Heart or
have a service connected disability. Employment is
contingent on possession of a good driving record
based on City of Waterloo driver performance criteria
and passing a post job offer physical and drug test.
ORAL EXAMINATION DATE
All qualified candidates who apply by the deadline
date will be notified of the time, place and date of the
oral examination.
A.A./E.E.O.
Minority, female & disabled individuals are
encouraged to apply.
DEVELOPMENT/ -MARKETING MANAGER DESCRIPTION 19
November 2019
Page 96 of 162
Mayer
QUENTIN
HART
UMAN RES JRCES
715 Mulberry St. 6 Waterloo, IA 50703 -1 Phone (319) 291-4303 Fax (319) 291-4569
January 10, 2020
TO: Honorable Mayor & City Council
COUNCIL
MEMBERS We, the members of the Civil Service Commission, certify the following list of applicants,
who are eligible based upon the examination process as set forth by the Civil Service
Commission for appointment to the position of Development/Marketing Manager for the
MARGARET City of Waterloo, Iowa Culture & Arts Depaitment. List shall exhaust upon appointment.
KLEIN
Ward 1
JONATFIAN
GRIEDER
Ward 2
PATRICK
MORRI S SEY
Ward 3
JEROME
AMOS, JR.
Ward 4
RAY
FEUSS
Ward 5
SHARON
JUON
At -Large
DAVE
BOESEN
At -Large
Respectfully submitted,
i4 //U `?
Barry
CERTIFIED LIST
Craig Laue
ins Date
CS LIST DEVELOPMENT -MARKETING MANAGER 20
Lovie Ca'dwell D. e
%
Date
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Page 97 of 162
Page 98 of 162
CITY OF WATERLOO PERSONNEL ACTION FORM
EMPLOYEE INFORMATION
MUST COMPLETE.
SSN #/ Employee ID #
Last/First/Middle Name
LAUE, CRAIG
['Bargaining
Non -Bargaining
Effective Date/DOH
02-17-20
EMPLOYEE INNFORMATIQN IF APPLICABLE
ONLY COMPLETE;FOR NEW HIRES AND WHEN SUBMITTING A CHANGE TO ONE OF THESE.;
Fund/Dept #/ActvIacct (1111 or 1112-not needed)
010-26-4208-1111 FULLTIME
Grad:date;'/IfHi:<::h::;S` hool>Stu fe #
Address
4615 QUESADA AVE.
City/State/Zip
CEDAR FALLS IA 50613
Home #:
Cell #: 319 429 4932
Department (required)
Cultural & Arts
Job Title/Classification/Program
FT-DEVELOPMENT/MARKETING MNGR
Hourly Rate
$ 19.00/HR
Shift or Squad
Date of Birth
7
Z Married
Single
US Citizen
Veteran
White ❑ Black or African -American ❑ Asian
❑ Hispanic or Latino
❑ Two or More Races/Ethnicities
0 American Indian or Alaskan Native (not Hispanic orcatino)
0 Native Hawaiian or Other Pacific Islander
(nof Hispanic or Latino)
❑ Male
Female
New Hire
❑ Regular EE w/Benefits
❑ Part Time EE (Over 6 months)
❑ Seasonal/Temp EE (<6 months)
❑ Department Transfer
❑ Promotion
�I FLSA Change
E Probationary/Step Increase
❑ Rate Change
❑ Budget Number
_ Layoff
fl Recall from Layoff
n Leave of Absence
Return from Leave
Other
New Hire starting 2/17/20
U Waste Water Cert. Pay - 250
n Waste Water Cert. Pay - 500
Paramedic Pay - $11.54
U Paramedic Pay - $34.62
7 2nd Shift (Laborers) - 350
3rd Shift (Laborers) - 450
❑ Start Police Shift- 500
❑ Stop Police Shift
n Bldg. Cert. Pay ! 200
Bldg. Cert. Pay II - 400
Bldg. Cert. Pay IIC - 600
if
Leisure Services
Golf
Parks
Sports
Young Arena
Downtown
Sportsplex
Human Resources
FOR PART-TIME O
010 31 4120
010 3"' 4100
010 31 4200
010 31 4500
010 3` 4110
010 4180
ygES ONLY
Culture & Arts
❑ Culture & Arts
Youth Pavilion
Date
010 26 4250
010 26 420E
Routing: Original to Human Resources by Department ❑ Input in MSS/New World Updated 10-8-2018
Human Resources Will Forward Copies After Change(s) Occur(s) to: Department and Finance Page 99 of 162
CITY OF WATERLOO
Council Communication
Request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes
to the existing building located at 315 Fletcher Avenue.
City Council Meeting: 2/4/2020
Prepared: 1/30/2019
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Felchle, Kelley
ATTACHMENTS:
Description
❑ January 7, 2020 Staff Report
❑ Landscaping Plan
❑ Site Pictures
❑ Aerial Map
❑ Application
❑ Legal Description
SUBJECT:
Submitted by:
Recommended Action:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
Cover Memo
Cover Memo
Cover Memo
Cover Memo
Date
1/30/2020 - 1:17 PM
1/30/2020 - 3:15 PM
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 the Planning, Programming and Zoning
Commission.
Motion to receive, file, consider and pass for the first time an ordinance to
approve the request by New Star for a Site Plan Amendment in the "S-1"
Shopping Center District for exterior changes to the existing building located
at 315 Fletcher Avenue, and instruct the City Clerk to publish notice.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt the
ordinance.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval, subject to the implementation of the landscaping plan.
The applicant was issued a permit for exterior remodeling of an existing
convenience store that caught fire. The applicant has completed the project
unaware that exterior changes in the "S-1" Shopping Center District requires
review and recommendation by the Planning and Zoning Commission and
approval by the Waterloo City Council.
It is the intent of the "S-1" Shopping District that the basic principles of
good land use planning be maintained and that sound zoning standards as set
Page 100 of 162
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Legal Descriptions:
forth in this Ordinance concerning orderly growth and development, traffic
patterns, and compatible design and use be preserved.
Staff is aware that the applicant was issued a building permit to complete the
exterior changes, however such changes are a significant change requiring the
Major Site Plan Amendment approval process. There is an existing mini -
storage facility to the east of the property in question that is sided with
similar vertical metal siding, but this building is tucked away behind the
building in question. The change in the exterior siding of the building would
appear to be out of character with the commercial and residential
developments in the area, and would not appear to be an appropriate exterior
siding material in this location.
At the November 5, 2019 meeting of the Planning and Zoning Commission
the request was recommended for denial on a 3-2 vote. Staff worked with
the applicant on a landscaping plan that would improve the aesthetics of the
property. The agreed to plant 5 new trees with two of them being planted in
fall of 2020 and the remainder being planted by fall of 2021.
Staff then recommended that the request go back to the Planning
commission on January 7, 2019 where the request was unanimously
recommended for approval.
None
N/A
Land use and economic development.
AUD FRANCIS WEST SIDE PLAT PART LOT 49 DESC AS FOL:
BEG AT PT 410.06 FT NAND 30 FT E OF SW COR SAID LOT 49
TH N 88 DEG 58 MIN 50 SEC E DIST OF 115.51 FT TH N 01 DEG 01
MIN W DIST OF 218.55 FT TO SLY ROW LINE SUMMIT AVE TH
S 89 DEG 46 MIN 21 SEC W ALONG SAID SLY ROW LINE DIST
OF 8.65 FT TO SELY ROW LINE US 63 TH S 49 DEG 52 MIN 06
SEC W ALONG SAID SELY ROW LINE DIST OF 137.73 FT TO A
PT 30 FT NORM DIST E FROM W LINE SAID LOT 49 TH S 01
DEG 01 MIN 10 SEC E ALONG ELY ROW LINE FLETCHER AVE
DIST OF 131.79 FT TO POB AKA PARCEL AAND B IN SURVEY B
319 P 718
Page 101 of 162
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING LAND
USES:
VEHICULAR &
PEDESTRIAN TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL TRAIL
PLAN:
ZONING HISTORY FOR
SITE AND IMMEDIATE
VICINITY:
DEVELOPMENT
HISTORY:
BUFFERS/ SCREENING
REQUIRED:
DRAINAGE:
FLOODPLAIN
INFORMATION:
PUBLIC/OPEN
SPACES/SCHOOLS:
January 7, 2019
Request by New Star for a Site Plan Amendment in the "S-1"
Shopping Center District for exterior changes to the existing
building located at 315 Fletcher Avenue.
New Star, 315 Fletcher Avenue, Waterloo, Iowa 50701.
The applicant is proposing the Site Plan Amendment to the "S-1"
Shopping Center District to legalize exterior improvements made to
an existing convenience store located at the southeast corner of
HWY 63 and Fletcher Avenue intersection.
The request could have a negative impact on the area, as the store
was resided with vertical metal siding which is not very compatible
with surrounding development. However, the applicant has agreed
to a landscaping plan to help soften the view of the building.
There is no sidewalk along the east side of Fletcher Avenue from 3rd
Street to Sergeant Road. As a part of the development of the Kwik
Star at 324 Fletcher sidewalk was installed along the west side of
Fletcher Avenue. The request would not appear to have a negative
effect on vehicular or pedestrian traffic in the area.
The Sergeant Road Trail is located just to the west, on the west
side of US Highway 63.
The property in question is zoned "S-1" Shopping Center
Commercial District, and has been zoned as such since adoption of
the Zoning Ordinance in 1969.
Surrounding uses and zoning include:
North/West — US Highway 63 and Black Hawk Creek/Hope Martin
Park, zoned "A-1" Agricultural
South/Southwest — Commercial development including Express
Lube, The wedge Bar, Merry Maids, former Board of Realtors, Kwik
Star, etc., Zoned "S-1" Shopping District.
East — Mini Storage facility zoned "S-1" Shopping Center
The building on the property was constructed in 1994. Surrounding
developments were developed from the 1960's through recent years.
Screening is not a requirement with this request however, the
applicant has agreed to a landscaping plan to help soften the
appearance of the vertical metal siding if approved.
There are no known drainage problems for the site.
The property is located within Zone X — Protected by Levee as
indicated by the Flood Insurance Rate Map No. 190025 301 F.
Black Hawk Creek with Hope Martin Park and the Leonard Katoski
Greenbelt is located just to the north/west across US Highway 63.
11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District
Page 1 of 3
Page 102 of 162
January 7, 2019
Summit Softball Complex is located '/4 mile to the northeast.
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC:
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING ORDINANCE:
The site is served by existing utilities, and no changes are proposed
as part of the request.
The Future Land Use Map designates the area as commercial. The
site is located within the Primary Growth Area, and with the utilities
already in place; this is defined as a Smart Growth development
site.
The applicant was issued a permit for exterior remodeling of an
existing convenience store that caught fire. The applicant has
completed the project unaware that exterior changes in the "S-1"
Shopping Center District requires review and recommendation by
the Planning and Zoning Commission and approval by the Waterloo
City Council.
It is the intent of the "S-1" Shopping District that the basic principles
of good land use planning be maintained and that sound zoning
standards as set forth in this Ordinance concerning orderly growth
and development, traffic patterns, and compatible design and use
be preserved.
Many matters relating to the shopping centers design, its potential
for success or failure and its effect upon surrounding
neighborhoods must be considered by the Council and Commission
in order to reasonably be assured that the area will not eventually
become blighted.
The City Planning, Programming, and Zoning Commission shall
review the conformity of the proposed development with the
standards of the Comprehensive Plan and with recognized
principles of civic design, land use planning, and landscaping
architecture. Any proposed change in the shopping center plan after
approval by the Council, shall be resubmitted and considered in the
same manner as the original proposal.
If the staff determines that the magnitude of any such a change is
significant in nature or could become significant in nature, the site
plan shall be referred to the City Council who may hold a public
hearing if deemed necessary change shall be deemed major and
the change shall be resubmitted and considered in the same
manner as the original site plan.
In determining if a change is significant in nature the Planning and
Zoning staff shall consider, among other things, the overall design
of the proposed change and its compatibility to the existing
development and surrounding development, as well as impact on
the neighborhood due to changes in parking, traffic, etc. or changes
in visibility or aesthetics from the public roads or adjoining
properties caused by the proposed change.
Staff is aware that the applicant was issued a building permit to
complete the exterior changes, however such changes are a
significant change requiring the Major Site Plan Amendment
approval process. There is an existing mini -storage facility to the
east of the property in question that is sided with similar vertical
11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District
Page 2 of 3
Page 103 of 162
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION:
January 7, 2019
metal siding, but this building is tucked away behind the building in
question. The change in the exterior siding of the building would
appear to be out of character with the commercial and residential
developments in the area, and would not appear to be an
appropriate exterior siding material in this location.
At the November 5, 2019 meeting of the Planning and Zoning
Commission the request was recommended for denial on a 3-2
vote. Staff has since been working with the applicant on a
landscaping plan that would improve the aesthetics of the property.
The applicant has agreed to plant 5 new trees with two of them
being planted in fall of 2020 and the remainder being planted by fall
of 2021. The proposed plantings will soften the appearance of the
building.
The applicant is not proposing to subdivide the property at this time.
Therefore, staff recommends the request by New Star for a Site
Plan Amendment in the "S-1" Shopping Center District for
exterior changes to the existing building located at 315
Fletcher Avenue be approved for the following reasons:
1. The change in the exterior siding of the building would appear to
be out of character with the commercial and residential
developments in the area, but it is recognized that the applicant
obtained a building permit for the work that has already been
completed, and requiring a change in siding would cause a
significant hardship for the applicant.
2. The applicant has agreed to a landscaping plan that will help
soften the appearance of the vertical metal siding on the
building.
And subject to the following condition:
1. That landscaping be placed at the site to help "soften" the
appearance of the vertical metal siding per the attached
landscaping plan.
11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District
Page 3 of 3
Page 104 of 162
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Pictures of New Star Store
Looking at the south and east side of the
building and sign saying Liquor that the
applicant was told not to install.
Looking northwest from the south side of
the building toward the intersection of
Fletcher Avenue and Sergeant Road/US 63.
Looking northeast at the storage center that Looking northeast from the southwest
is located directly behind the building of the corner of the building at new siding and sign
applicant. that says Liquor.
Page 106 of 162
Looking northeast from Kwik Star.
Looking north from toward the building in
question.
r f
NEW
ST.tJL
LIQUOR
TOBACCO
A VAPE SHOP
Looking at the existing pole sign at the
corner of Fletcher Avenue and US Highway
63.
Looking from the intersection of US
Highway 63 and Fletcher Ave toward the
building in question.
Page 107 of 162
Looking from Fletcher Avenue to the front
of the building.
Looking southeast toward the auto service
and office building in the background.
Looking at the office building.
Looking from the office building toward the
building in question.
Page 108 of 162
The auto service building.
Looking south along Fletcher.
Looking toward the Kwik Star.
Looking to the building south of the auto
repair building.
Page 109 of 162
Looking at the front of the building at 341-
345 Fletcher Avenue.
South wall of building looking toward
storage facility behind.
Page 110 of 162
City of Waterloo Planning, Programming and Zoning Commission
January 7, 2020
Hope Martin Park
Kwik Star
REBER AVE —
315 Fletcher
REBER AVE
SUMMIT AVE
REBER AVE
315 Fletcher Avenue
Site Plan Amendment
' JO&„1.61
l�' r\r
S�
erl00 \o
New Star
Page 111 of 162
APPLICATION SITE PLAN AMENDMNET TO A "R-P",
"M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT
CITY OF WATERLOO PLANNING, PROGRAMMING, AND
ZONING COMMISSION, WATERLOO, IOWA
319.291.4366
New or Overall Amendment 7k
Individual Building
Minor change (check one) (Minor Change must be approved by staff)
1. APPLICATION INFORMATION:
a. Applicant's name (please print): NiE.$74
Address:3/c Fiff_T4+L'2 APE: Phone:3/9-, 23A Fax:
City: /� 47 •i2�oo State:.,/j/). Zip: 4) 70/
b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain:
c. Property owner's name if different than above (please print): ri¢i 9- Fr9- 6.L( i
Address:4 /// 7 i,11 _19 A) 6. Phone: , 3/gr iia5-7 1. Fax:
City: cip,4(T [“. State:.. w13 Zip: 936/3
2. PROPERTY INFORMATION:
a. General location of site plan to be amended: ,3�� �L f C,44 /¢ Guff7E,aoq
& L) # 70 /
b. Legal description of property or portion to be amended:
G /4f c -D
c. Dimensions of proposed site plan amendment: ( 0'. 3 5`
d. Area of proposed site plan amendment: c9 - 4' -7t A-z-/L
e. Current zoning: S ./..
f. Reason(s) for site plan amendment and proposed use(s) of property:// b, (A i /0 Cr) /i C '
6 A,L-t. 0 l2 j2bi,"
g•
Conditions (if any) agreed to (does not affect existing conditions unless specified): �%/-
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 site plan amendment request).
The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable
to the City of Waterloo) is required. 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 prope;F P uestion in regards to the request.
I
Vds/20ly
Signature of ; pplicant
Date Signature of Owner Date
Page 112 of 162
AUD FRANCIS WEST SIDE PLAT PART LOT 49 DESC AS FOL: BEG AT PT 410.06 FT N
AND 30 FT E OF SW COR SAID LOT 49 TH N 88 DEG 58 MIN 50 SEC E DIST OF 115.51 FT
TH N 01 DEG 01 MIN W DIST OF 218.55 FT TO SLY ROW LINE SUMMIT AVE TH S 89 DEG
46 MIN 21 SEC W ALONG SAID SLY ROW LINE DIST OF 8.65 FT TO SELY ROW LINE US
63 TH S 49 DEG 52 MIN 06 SEC W ALONG SAID SELY ROW LINE DIST OF 137.73 FT TO A
PT 30 FT NORM DIST E FROM W LINE SAID LOT 49 TH S 01 DEG 01 MIN 10 SEC E ALONG
ELY ROW LINE FLETCHER AVE DIST OF 131.79 FT TO POB AKA PARCEL A AND B IN
SURVEY B 319 P 718
Page 113 of 162
CITY OF WATERLOO
Council Communication
Resolution approving Right -of -Way License Agreement with WIN, LLC, to allow use of city right-of-way for
a communication system, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 2/4/2020
Prepared: 1/29/2020
REVIEWERS:
Department Reviewer Action Date
Engineering Knutson, Jamie Approved 1/29/2020 - 10:34 AM
Clerk Office Even, LeAnn Approved 1/29/2020 - 10:42 AM
ATTACHMENTS:
Description Type
❑ ROW License Agreement_WIN LLC Cover Memo
SUBJECT:
Resolution approving Right -of -Way License Agreement with WIN, LLC, to
allow use of city right-of-way for a communication system, and authorizing
the Mayor and City Clerk to execute said document.
Submitted by: Submitted By: Dennis Gentz, PE. Assistant City Engineer
Page 114 of 162
DocuSign Envelope ID: 05978CA7-56A4-4EOD-85AC-1F596AD60AF6
RIGHT-OF-WAY LICENSE AGREEMENT
SECTION 1. DEFINITIONS
a. "City" shall mean the City of Waterloo, Iowa and, where appropriate, shall include its
officers, employees and agents.
b. "Licensee" shall mean WIN, LLC or any of its designated subsidiaries.
c. "Network Segment" shall mean the communications system laid or to be laid,
constructed, installed, repaired, maintained, and operated by Licensee within the corporate limits
of the City of Waterloo as contemplated by this Agreement and shall include all equipment
owned, operated, leased or subleased in connection with the operation of the Network Segment,
including but not be limited to poles, pedestals, wires, pipes, cables, underground conduits,
ducts, manholes, vaults, fiber optic cables, and other structures, facilities or appurtenances. As
of the date of this Agreement, the initial Network Segment route is generally depicted on Exhibit
"A" attached hereto, and the parties agree that, for purposes of this Agreement, the initial
Network Segment route consists of approximately 760 linear feet.
d. "Public Improvements" shall mean any improvements as defined in Code of Iowa
Section 26.2, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights,
traffic signals, water mains, sewers, electric transmission lines and equipment related thereto,
and in addition public utilities, on Public Property.
e. "Public Property" shall mean City -owned or controlled public rights -of -way,
easements, bridges, squares or commons.
SECTION 2. BASIC GRANT; RESTRICTED USE
a. Licensee is hereby granted a license to construct, maintain, inspect, protect, repair,
replace and retain a Network Segment in, under, upon, along and across the Public Property
shown and identified in Exhibit "A" hereto, subject to the regulatory powers of the City and
subject to the conditions hereinafter set forth. This Agreement creates no rights to expand the
Network Segment or to create or install a new network segment, except on the terms provided in
this Agreement.
SECTION 3. TERM OF AGREEMENT
a. This Agreement and the rights conferred hereunder shall commence on
(the "Effective Date"), and shall continue for such period of time as Licensee, or its
successors and assigns, operate the Network Segment.
Page 115 of 162
DocuSign Envelope ID: 05978CA7-56A4-4E0D-85AC-1 F596AD6DAF6
Improvement or existing public utility system facility and refer the same back to the Licensee for
amendment. Such map, plan or specifications, when properly changed and corrected, shall be
filed in the City Engineer's Office, and after the approval of the same by the City Engineer and
the posting of a bond required under applicable law or ordinance regulating work in or upon
Public Property, if such is not waived by the City, the License Request shall be approved so that
the Licensee may proceed in accordance with the approved maps, plans or specifications.
c. Approval of a License Request does not constitute any statement, representation, or
assurance by City as to the presence or location of any privately maintained facilities, equipment
or infrastructure. No such excavation, construction or erection shall be commenced before
approval of the License Request, unless it is an emergency as determined by Licensee in good
faith, and all work shall be in accordance with the approved maps, plans or specifications. If
Licensee extends or expands its Network Segment without following the License Request
process prescribed by this Section, the Administrative Fee and the fee minimum shall double,
and Licensee shall be liable for any Management Fees that it failed to timely pay, plus interest
thereon at 12% per annum, compounded monthly.
d. Each expansion or extension of the Network Segment for which a License Request is
approved, and the plans, maps, and specifications therefor, shall be deemed incorporated into this
Agreement by reference as an addendum hereto. All of Licensee's activities in relation to said
expanded or extended Network Segment shall be subject to the terms of this Agreement.
SECTION 6. CONSTRUCTION AND REPAIR OF FACILITIES
a. In the process of location, construction, reconstruction, replacement, or repair of any
Network Segment system component, the excavation or obstruction made or placed in Public
Property at any time or for any purpose by the Licensee shall, to protect the public and to assure
the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with
requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices
(MUTCD). The Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or
public places, shall limit obstructions to the minimum area and time necessary, shall provide the
City Engineer with no less than 24-hour notice prior to the actual commencement of the work
and shall comply with all provisions, requirements, and regulations in accordance with City
ordinances and this Agreement in performing such work. The Licensee shall conduct its work
hereunder in such manner as to cause as little interference as possible with pedestrian and
vehicular traffic, and shall abide by scheduling directions, if any, given by the City Engineer. In
emergencies which require immediate excavation the Licensee may proceed with the work
without first applying for an excavation permit or other applicable permits, provided, however,
that the Licensee shall apply for and obtain the permit(s) as soon as possible after commencing
such emergency work.
b. All pavement taken up or damaged, and any other disturbed areas, shall be properly
and speedily replaced in accordance with the City's regulations. As a condition to use of Public
Property, the Licensee shall at its own expense repair any private property, utility system
component, public improvement or Public Property damaged by such location, construction,
reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If, after
excavations have been made, the Licensee fails to repair or arrange with the City for the proper
repair and restoration of any Public Property to a condition as good as the condition of such
3
Page 116 of 162
Docusign Envelope ID: 05978CA7-56A4-4EOD-85AC-1F596AD60AF6
c. The Licensee shall, upon reasonable notice and at its sole cost and expense, remove,
locate and relocate its Network Segment 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. In the event the Licensee fails to act and proceed with diligence
to begin and/or complete said relocation or removal within a reasonably allocated time, or if City
in its discretion chooses to allow Licensee to post a performance bond and Licensee fails within
a reasonable time set by the City to furnish a satisfactory performance bond providing for
completion of the required relocation by a designated date, the City at its option may cause the
Licensee facilities to be relocated or removed and then demand reimbursement of costs and
expenses from the Licensee, including interest at the rate of 12% per annum, compounded
monthly, without liability to the City for any loss or damage caused by such relocation or
removal. In addition to the foregoing remedies, City at its option may impose a fine of
$1,000.00 per day or portion thereof starting fourteen (14) days following the City's request and
Licensee's failure to diligently act or, as appropriate in the circumstances, starting seven (7) days
following Licensee's failure to complete the required relocation by the date designated in
connection with the performance bond. Sums payable under this paragraph are due and payable
by the Licensee to the City within thirty (30) days after receipt of the City's billing.
d. The Licensee shall not place its Network Segment facilities in the Public Property
where the same will interfere with the normal use or maintenance of any Public Improvement,
including but not limited to streets, alleys, traffic control devices, sanitary sewers, storm sewers,
storm drains, or any public utility facility.
e. Upon request, the Licensee agrees to assist in locating underground facilities which
are part of its Network Segment. 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, the
Licensee 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.
f. Installation, repair, or replacement work completed by the Licensee 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 the Licensee's work to a
condition at least equal to the condition of such premises before the Licensee's 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.
SECTION 10. POWERS OF CITY
a. Nothing in this Agreement shall be construed to abridge the right or power of the City
to make further regulations relative to the use of the streets, alleys and public grounds by anyone
using the same for the erection and maintenance of utility systems.
5
Page 117 of 162
DocuSign Envelope ID: 05978CA7-56A4-4EOD-85AC-1 F596AD6OAF6
SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE
a. The Licensee covenants, at its sole cost and expense, to indemnify, defend, and save
the City and its officers, agents and employees, harmless from any and all costs, damages, losses
and liabilities whatsoever (including but not limited to the reasonable fees and expenses of
attorneys and accountants), of any kind or nature, whether in tort or contract, arising directly or
indirectly from the exercise of the rights granted herein or from the acts or omissions of
Licensee, its employees, contractors and agents, in respect of the Network Segment, any
Network Segment facilities, any work relating thereto, or any access to or use of the Network
Seginent by third parties.
b. The Licensee agrees to require contractors and subcontractors engaged in work for
the Licensee within the public rights -of -way or on public property to maintain in effect during
the terra of work liability insurance in comprehensive form and in the amounts to be reasonably
set by the City.
c. Licensee agrees to accept the risk of having its communications systems 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 Licensee'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 Licensee's equipment placed in the right-of-way.
d. The covenants set forth in this Section shall survive the termination or expiration of
this Agreement for any reason.
SECTION 15. SEVERABILITY
a. In the event any provision of this Agreement is held invalid, illegal, or unenforceable,
whether in whole or in part, the offending provision or part thereof shall be deemed severed from
this Agreement and the remaining provisions of this Agreement shall not be affected thereby and
shall continue in full force and effect. If, for any reason, a court finds that any provision of this
Agreement is invalid, illegal, or unenforceable as written, but that by modifying or limiting such
provision it would become valid, legal, and enforceable, then such provision shall be deemed to
be written and shall be construed and enforced as so modified or limited without affecting the
remaining provisions of this Agreement, provided, however, that in such event City shall have
the option, exercisable in its sole discretion, to terminate this Agreement.
SECTION 16. ASSIGNMENT
a. Licensee shall not assign or otherwise transfer this Agreement or any of its rights and
interest to any firm, corporation or individual without the prior written consent of the City,
except that Licensee shall have the right to assign, convey or otherwise transfer its rights, title,
interest and obligations under this Agreement, in whole or in part, to any entity controlled by,
controlling or under common control with Licensee, or any entity into which Licensee may be
merged or consolidated or which purchases all or substantially all of the assets of Licensee,
provided that Licensee shall notify the City in writing of any permitted assignment, conveyance
or transfer within thirty (30) days of its occurrence.
7
Page 118 of 162
DomSign Envelope ID: 05978CA7-56A4-4E0D-85AC-1 F596A060AF6
matter arising from or related to this Agreement; (ii) to irrevocably waive, to the fullest extent a
party may effectively do so, the defense of any inconvenient forum to the maintenance of any
such action or proceeding; and (iii) not to institute any legal action or proceeding against the
other party or any of the directors, officers, officials, employees, successors, assigns, agents or
property of the other party, concerning any matter arising out of or relating to this Agreement, in
any court other than one specified in this Section. If City prevails in any legal action to collect
fees owed by Licensee under this Agreement, Licensee shall be liable for City's reasonable
attorneys' fees and expenses.
SECTION 21. GENERAL PROVISIONS
a. This Agreement constitutes the entire agreement of the parties with respect to the
subject matter hereof. It may not be modified or amended except by a written instrument signed
by both parties. This Agreement is binding upon the parties and the permitted successors,
assigns, transferees and personal representatives of each of them.
IN WITNESS WHEREOF, the parties have entered into this Right -of -Way License
Agreement by their duly authorized representatives as of the Effective Date.
WIN, LLC CITY OF WATERLOO, IOWA
By:
DaouSIgned by:
',---936216C531724FE...
Title: CEO
[-2
WIN Internal Review
January 20, 2020
9
By:
, Mayor
Page 119 of 162
DJcuSlpn Envelope ID: 059TECA7.56M-4E00-85AC:1F59FAP60AF6
GENERAL CONSTRUCTION NOTES
1) State Law requires excavators to notify the One -Call System a minimum of three
(3) business days prior to all excavations (excluding Saturdays, Sundays, and
legal Holidays). Hand dig with care within the 18" safety zone when exposing
underground utilities. Caution - One -Call may not mark aft private lines.
2) Underground utilities have been plotted from available records and field
observations but are not necessarily exact. It is the contractor's responsibility to
field locate all underground obstructions and utilities prior to constriction.
Complete repair of any and all damages incurred shall be at the expense of the
construction contractor. Fiber placement subject to change upon field locate
completion.
3) Coordinate all construction activities with WIN Project Engineer prior to
construction.
4) Contractor is responsible for any erosion control, which includes submitting
erosion plans, related to this project, should it become necessary.
5) Construction contractor shall provide all information for as -built drawings,
Including but not limited to; Fiber sequential's at hand hole walls and end of fiber;
Depths of fiber at a minimum of 200' intervals along with centerline of all hard
surface crossings; ie: roads, alleys, drives, waterways, pipelines, railroads;
Actual GPS location of hand holes; Actual running line from right-of-way, back of
curb, edge of pavement or other known landmarks shown on sheets; Actual
location of warning markers; and any other information required to produce an
accurate and permanent record of the project.
6) The top of all hand holes set shall match final grade.
7) The contractor shall comply with all WIN policies and procedures and all
requirements from local permitting authorities. The various permits obtained for
the project are on file in the office of the WIN Project Engineer.
6) Miscellaneous structures and obstructions such as sign post; mail boxes; meter
boxes; or other obstructions shall be avoided or removed and reinstalled to
original or better conditions.
9) The contractor shall be responsible, at all times; for the maintenance of streets
and other utilities affected by construction operations - debris shall not be
permitted to accumulate and all premises shall be maintained in a neat and
workmanlike condition.
10) The contractor shall take adequate precautions to protect existing facilities,
sidewalk, curbs, pavements, utilities foliage, and adjoining property and
structures outside of right-of-way; and to avoid damage thereto.
11) The following special provisions shall apply to traffic regulation during the extent
of this project:
A) There shall be, at all times, adequate vehicle and pedestrian access for ingress
and egress for the properties adjacent to the project.
B) During non -working hours, the contractor shall keep the existing traffic lanes
clear from interference including all approaches and intersections.
C) If lane blockage is unavoidable, the contractor shall notify the traffic
engineering department, police department, tire department, ambulance
services, school bus garages and other agency operations as appropriate so
These agencies may re-route their vehicles around the construction zone(s).
12) if required, trenches in paved area shall be saw -cut to the full depth of surfacing
or as required by the permitting authority. Paved surfaces shalt be repaired in
accordance with the permitting authority's specifications.
13) The contractor shall comply with all current and applicable Occupational Safety
and Health Administration (OSHA), federal, state and local rules and regulations
governing the safely of employees and material during excavation, trenching,
ditching and Installation and backfliiing operations on this project.
14) No trench or excavation site shall be left open overnight or unattended.
15) Right-of-way restoration and street and sidewalk repair/replacement shall be in
compliance with the local permitting authority.
16) All fiber cable minimum depth must be 36". 48" minimum depth under roadways
and waterways. See tyipical roadway and waterway crossing details.
17) Innerducts occupied by cable shall be sealed at termination points using rubber
plugs and compression bands. Foam sealant will not be used.
18) Brushing and trimming as -required. Brush, branches and refuse from clearing
operations shall, without delay, be removed from the vicinity of the right-of-way.
19) Construction contractor(s) shall have a copy of the permit(s) on -site and shall be
available for inspection immediately upon request by the permitting authority or
permitting authority representative.
20) No excavation, digging, tunneling, trenching, boring, plowing, installation of
facilities, equipment or improvement above, on or beneath the surface of any
right-of-way; may begin without a signed permit from the governing permitting
authority.
01-539 WATERLOO MEDICAL PARK
BLACK RAW( COUNTY TWP 08N, RNG 13W, SEC 05! BLACK NAWKTWP
PERMITS REQUIRED- CITY OF WATERLOO
LOCATE ALL FACILITIES PRIOR TO DIGGING
IA - IOW A ONE CALL - 811- 1-80D-292-8989
SCALENA
ENGINEER: WIIIDSTIIEA'.1-
MIKE FERM
51B-4suSS/
FIELD ENGINEER: PEARCE SERVICES
JAMES REASON
BRAWN SY, PEARCE RERW ER
JAMES REASON
PROJECT. 01—ENN
PROJECT TO PLACE NEW FIBER FACIDTIES TO THE
WATERLOO MEDICAL PARK LOCATED AT 1717 W RING EWAY
AVE
EXCHANGE:WATERLOO
SHEET; NOTES DATE: 19T0DT0
PEARCE
•),9EPVICES
Page 120 of 162
bocas Ij EpV410,ID;059TSCA7-5BA44Eob-95#C-1F59EAP®AFF
WIN - TYPICAL POLE RISER DETAIL
—BM81 -POLE RISER ASSEMBLY UNIT-
T31L5 UIIR FCWDES THE LAROR AND MATERIALS 690063ED FCW THE VLSTALIATIW OF TWO (21.1000 SECTIONS Cf 2 W'
Id4ljMETALLIC 55I!5 !LF 8q RISER DUCTS IWIOI0 i05L ONE (11 1.25' ROLLED DUCT FROM THE HAND HOLE L C9T30H
TO A POINT WITHIN EDP OF THE IRU REEK ATTACrf t`NT, PLACEMENT OF 312 SOLID, COPPER CLAD STEEL CHANCE
LOCATE WEE MOW THE HAND WEE TO THE POLE UOI OR GROUND ROD; PIACl/GS PULLING OF 9 0I3WTELY 36B ,may
OF DIELECR6C FIBER FROM TEE: HAND HOLE LOCATION TIRdJ 11I THE INNER OIC5 RLSER 8 COL IIIG AT DUCT E•IT
KANT. COWEI1SAT1O1 SHALL BE FOR THE NECESSARY WORN MO LTATEAIALS SUCH AS GHO(P1O E3CAVATION AND
REPAIR, RACEIAIF OF UURIED d RISER FILER DCT, PLACEMENT OF 1.1..GUk513 O'rER PRIER UJCT HID SECi/Wi3 TO
THI
POLE MTH LAG SCREWS; CUTER* OF UGUMOIS) TO FIT SPECIFIC-ATM/Si PLACEMENT OF DELECTRIC BEER AJm
SECURING COIL ON POLE; DUCT PLUGS AID FLINTY SEALANT. TIES UHT ALSO INCLUDES ALL MIDR MATERIALS 5U01 AS
CONNECTORS. COl1PLER5. FASTENERS, THE WRAPS, BOLTS S P1HER HARDWARE MOUTHED TOWARM IHS LFIIT.
1541 WRCL EUPFLY DIELECTRIC FIRER d 123' DUCT. CCVITRACTCR TO SW -PLY ALL 01HER MATERIALS S LABOR HEW RED
fOR 111i5 VAT.
NOTES
F
PRMATty
LNRGG
-1
1 W11 vltf_ PLACE A HAND HOLE AT EACH RISER LOCATION HMO HOLE SHAOIRD RE PLACED ON THE 50F OF THE POE
OPPOSITE DFDREC110N OF TRAFFIC.
2_ COILANDIJAAL OF IS OF PEER EHREWIIG AND EATING THE KANG HCLELCOIMUST BE OF S1EF;CIE11T LENGTH TO SPLICE 3I
TRAILER AT EDGE F; ROADWAY}_
3 PLAOEA BMSOR$3 WARNAf0 M3R0ER REST $TADOUI ARO OR04V,0 TO THE POLE 9IGNI: PLACE A GROWD ROO U N10 UCi115
PRTSFIR.
i. TRANSITION TO A DIELECTRIC CABLE TO RISER THE POLE; PLACE A TRACER WIRE FROM 11-E HANG HOLE TO THE POLE
TERMINATE A Lt!E 943GROUND USED MORNFOR HAND 6491I TA -MI RI ER II0 9LQ
LOCATION- REQUIRES CANE -POAER
6 NESCREQUIRES AEOUIRM OF ADDITIONAL SESPACEDETLATilr POAERHE CLEALAHOTPP 9ER EACH CATMI
ATVPANY MAY ROb1ARE ADDTICYtAL SEPARATION, IS IJIIIA0.M CLEARANCE 6ETWEE/1 FILCH C05141LEIICAT1p1
COLSLICXE
ALACEHSIENT. ROLLED
6 PLACE N- SCHEDULE O HOLASIT PIPE LP POLE TOIL POUR WRTR118DT' 32 LW FIBER ATTALFW LTD. PLACE 1O sTO150F IE 19048 L
OAT- SCHEDULE 5II U-CAJAALLIC CONDOR ilOtcO 10)8 T09 1]$'DUCT TO A POUR T200' OELU'W IRU DELL HIRE '
LACUAA9 A ITATTUHA OF 1200" B1(J. GROLRIO mt. 20(F LLGVARD SEtTCTNS TO INCLUDE DELL 5Np5NRE
ETTACHMEHT - EAP.
•
TYPICAL FDREtC 1
CABLES
-
FL
SAL FTEIPl484.31 FIE 849959OFRATTACNN200 HEIGHT. FIBEII STORAGE
R6EK C ADLE R1 115 P1CTN-GUARD -COIL 200' CF HO ER FOR ELA5HRG R SPL ICIM.9Y OTTIERS
,----
1 /j
aFURL
SEAL OCIJNLD WITH DUCT NUTTY. - Tr:�.- -
9 SEAL US" DUCT WITH A SPLIT DUCTPUJG. _'ilkIRBeE1p1-5H0AT0
v0. ATTACH ULUAROSTO POLE VIA FRE-0HLIEP LAG SCREIMHOLES WITH GAL-V0AZDR OR STAINLESS $TC-£L 125LAO DOLTS
11 WMETI FW+CTICAL. RISERS WR1 BE LOCATED ON THE FIELD SIDE OF THE POLE AYTH1.4 THE POLE OUA0TWR MOST
PROTECTED FROM TRAFFIC. 1RUF. R
AEftVLSRICEGI"�E
115•DUCT a FIBER
SHOWN ORME
U-GUARD CONDUIT RISER
-. Z.srS•�I
POLE CONDUIT RISER LOCATION
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Ii ODARG II
POLE SECTION
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01-838 WATERLOO MEDICAL PARK
BLACK HAWS(COUNTY TWP 88N, RNC 13W, SEC 051 BLACK HAWK lWP
PERMITS REQUIRED- CITY OF WATERLOO
LOCATE ALL FACILITIES PRIOR TO DIGGING
IA-IOWA ONE CALL-BSI-1-800-292-6969 SCALE NA
-
/
ENGINEER: W1IOSTREA51-
141NOS.601A
5115E PERM
FIELD ENGINEER: PEARCE GERWCFH
JAMES REASON
DRAWN BY. PEARCE66R0DE6
JAMES REASON
PROJECT: 01-8T6
PROJECT MEDICALI PA KLOCATE10ER TI TO THE
WATERLOO
WATERLOO MEDICAL PARK LOCATED AT ITIYWRDPEWAY
AVE
E$CHANGE:WIITERLOD
SHEET: RISER TYPICAL DATE: 1JITR020
PEARCE
-ei6sTavlcEs
Page 121 of 162
Oocuelgn Envelope ID:858ISCATSeA4-4EOP65AF-IF596Ao60AFE
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PROJECT LOCATION — 1717 W RIDGEWAY AVE
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01-839 WATERLOO MEDICAL PARK
BLACK HAWK COUNTY TWP 88N, RNG 13W. SEC 05 y BLACK HAWK -MP
PERMITS REQUIRED -CITY OE WATERLOO
LOCATE ALL FACILITIES PRIORI TO DIGGING
IA - IOWA ONE CALL - 811 - 1-B00-292-S989 SCALE:NA
ENGINEER: V.INOSTREA41-
MIKEFERM
515-493-E014
FIELD ENGINEER: PEARCE SERVICES
JAME2 RPAsoN
DRAWN BY: PEARCE SERV/RES
JAMES REASON
PROJECT: 115—ea9
PRoJECT To pIACE NEW FrsEB EACIUTIEs To THE
WATERLOO MEDICAL PARK LOCATED AT ITIT W RIDGEWAY
AVE
EPCNANOF:WATERLCC
SHEET: VICINITY DATE: 1117(2020
PEARCE
Page 122 of 162
Eme>ap?LC: EssasCA7-s8A41FaO.05Pc-IPSG@AO60AES
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LOON; JEFF ELLWANGER
NETWORK ENGINEER
UNITYPOINT HEALTH
JEFF.ELLWANGER@UNITYPOINT.DRG
WATERLOO
M 11001E PARK
1717
W RIDGEWAY AVE
—
WATERLOO Lk
HEET/
014139 WATERLOO MEDICAL PARK
BLACK HAWK COUNTY TAP 88N, RNG 13W, SEC 05l BLACK HAWKTWP
PERMITS REQUIRED- CITY OF WATERLOO
LOCATE ALL FACILITIES PRIOR TO DIGGING
IA - IOWA ONE CALL. - 811 - I-800-292-8969 scALE:1'S0
( IOW
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l
- .... • ....
ENGINEER: MIDSTREAM
MIKE PERM
s1u93-50N
M
MELO ENGINEER: PECE SERVICES
JAME0REASON
DRAW! BY: PEARCE SERVICES
JAAIES REASON
PROJECT: 01-830
PROD ECT TO PLAGE NEW PIS ER FACILITIES TO311EWATERLOO MEDICAL PARK LOCATED AT IT17WRIGOEWAY
AVE
EACIUNGE: W TERLOO
SHEET:1 OF 4 DATE: I/1712020
PEARCE
�).)EI SEVICES
Page 123 of 162
DocdSlon Envolo ID: 0597SCAT-56AA-4E3D415A41F5SAO6OAF6
SHEET
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TO NEW FIBER HAND HOLE. I �\
STATISG. PLACE TRACEW1RE WITHIN �\
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1000(24): MIDIRECTIONAL BORE r OR LESS
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01-839 WATERLOO MEDICAL PARK
BLACK HAWK COUNTS TN1P 88N, RNG 13W, SEC 051 BLACK HAWK TVL'P
PERMITS REQUIRED- CITY OF WATERLOO
LOCATE ALL FACILITIES PRIOR TO DIGGING
IA - IOWA ONE CALL - 8I I - i-80O-292-8989 SCALE:1:50
1
�]�Y7 1
.....
-
FNOINEER: VPIIOSTREAH-
MIKE FERM
sLSi93-6014
FIELD ENGINEER: PEARCE SERVICES
JMIESREAsox
DRAWN BY: PEARCE SERVICES
JAAIES REASON
PROJECT: 01-839
PROJECT TO PLACEIIEWFIRER FAlC0.NIESTOTHE
WATERLOO MEDICAL PARK LOCATED AT 171T W RKwEWAY
AVE
EXCHANGE: WATERLOO
SHEET:3 OF 4 DATE_ 1H7202o
PEARCE
--PISERVIces
Page 124 of 162
CITY OF WATERLOO
Council Communication
Resolution approving Completion of Project and Acceptance of Work, for work performed by K & W
Electric, Inc., of Cedar Falls, Iowa, and release of retainage in the amount of $25,000, in conjunction with the
5th and 6th Street Traffic Safety Improvements Project, Iowa DOT Project Number CS-TSF-8155(749)--85-
07, and authorizing the Mayor to execute said document.
City Council Meeting: 2/4/2020
Prepared: 1/29/2020
REVIEWERS:
Department Reviewer Action Date
Traffic Operations Even, LeAnn Approved 1/29/2020 - 11:16 AM
ATTACHMENTS:
Description Type
❑ Certificate of Completion Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
Resolution approving Completion of Project and Acceptance of Work, for
work performed by K & W Electric, Inc., of Cedar Falls, Iowa, and release
of retainage in the amount of $25,000, in conjunction with the 5th and 6th
Street Traffic Safety Improvements Project, Iowa DOT Project Number
CS-TSF-8155(749)--85-07, and authorizing the Mayor to execute said
document.
Submitted By: Mohammad Elahi, Traffic Engineer
Approve Resolution.
The project work regarding construction contract dated 03/12/2018 has been
completed.
$25,000
5% ($25,000) has been kept as retainage. (The Contract amount was
$500,000. $484,000 was covered by a safety grant. The remaining $16,000
is covered by City GO Bond funds.)
Strategy 2.2: enlist all City departments and staff members in efforts to
promote a safer community.
The improvements involved new mast arms, a signal head over each lane,
traffic monitoring cameras, Signage, pavement markings, and some new
controllers in downtown Waterloo.
Page 125 of 162
Form 640003
03-04 wd
tIOWADOT
CERTIFICATE of COMPLETION and
FINAL ACCEPTANCE of AGREEMENT WORK
COMPANY: KW ELECTRIC C UNTY/CITY: WATERLOO
ADDRESS: 1127 LINCOLN ST, CEDAR FALL, IA 50603 PROJECT NO.: CS-TSF-8155(749)--85-07
KIND OF WORK: TRAFFIC SIGNALS
AGREEMENT DATE: 6/8/2016 FIELD COMPLETION DATE: 01/08/2020
This is to certify that the work covered by the above referenced agreement has been completed in accordance with
said agreement and is hereby accepted, subject to final audit of costs.
SIGNATURE:
*SIGNATURE:
Project Engineer (Res. Construction) (Area Engineer) (County) (City)
(Consultant)
DATE: January 29 2020
DATE:
District (Construction) (Maintenance) (Local Systems) Engineer Year
Year
Approved and work accepted by the /City
Council of
this day of
Year
SIGNATURE:
Chairman/Mayor
Acknowledge completion of project in accordance with referenced agreement by the Iowa Department of
Transportation
this day of
Year
SIGNATURE:
Iowa Department of Transportation
*On Local State Assisted
Projects District does
NOT certify but
acknowledges
completion of project.
DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY.
(Check or Initial Appropriate Box)
❑ Office of Audits Copy to Company
❑ Copies to District ❑ Original to Files
01/31/18 Appendix 12-1
Page 126 of 162
CITY OF WATERLOO
Council Communication
Resolution approving a Master Services Agreement with AECOM Technical Services, Inc., of Waterloo,
Iowa, for consulting services, in conjunction with FY 2020-2024 FAA funded Waterloo Regional Airport
development projects, and authorizing the Mayor to execute said document.
City Council Meeting: 2/4/2020
Prepared: 1/29/2020
REVIEWERS:
Department Reviewer Action Date
Airport Kaspari, Keith Approved 1/29/2020 - 11:23 AM
Clerk Office Even, LeAnn Approved 1/29/2020 - 12:03 PM
ATTACHMENTS:
Description
ALO - AECOM Master Consulting Agreement 2020 -
2024
SUBJECT:
Type
Cover Memo
Resolution approving a Master Services Agreement withAECOM Technical
Services, Inc., of Waterloo, Iowa, for consulting services, in conjunction
with FY 2020-2024 FAA funded Waterloo Regional Airport development
projects, and authorizing the Mayor to execute said document.
Submitted by: Submitted By: Keith Kaspari, Airport Director
Recommended Action: Approve of the request by Airport Staff.
Summary Statement:
Expenditure Required:
Source of Funds:
As a result of Fall 2019 interviews of airport consultants, AECOM was
reselected to continue performing professional airport engineering and
consulting services for Waterloo Regional Airport for a designated 5-Year
term of FY-2020 through FY-2024.
For each project as listed in Exhibit A - of the attached agreement, a separate
PSA, or Professional Services Agreement will be executed as each separate
project will need to be approved by the FAA to allow airport staff and
AECOM personnel to begin project design services.
For this request by Staff, no funds will be required to execute this Master
Agreement.
All future funds for compensation of the Projects as listed in Exhibit A, will
be a funding allocation, as follows:
1. FAA - 90%
2. City of Waterloo (required local match) of 10%
This request from Staff, complies with the City of Waterloo's Strategic Plan,
as follows:
Page 127 of 162
Policy Issue:
Alternative:
Background Information:
Goal No: 2, and Strategy No: 2.2.
Goal No: 3, and Strategy No: 3.4, 3.5 and 3.7.
Goal No: 4, and Strategy No: 4.5.
No project alternatives have been selected for this 5-year term of projects by
Staff.
This request by Staff continues the development of critical projects for the
Waterloo Regional Airport.
As follows:
FY2020 -
1. Obstruction Mitigation (Tree Removal)
2. Reconstruction of Terminal Aircraft Parking Aprons (Phase 4 - West &
East Apron Areas)
3. Reconstruction of Taxiway Bravo, between Taxiway A and the
Intersection of Runway 18-36 (includes minor section of Taxiway Charlie).
FY2021 -
1. Pavement Maintenance of Runway 12-30 (includes Taxiways Echo and
Alpha East)
FY2022 -
1. Design and Construction for the rehabilitation of Taxiway Alpha West,
located between Taxiway Bravo and the approach to Runway 36.
FY2023 -
1. Airfield Pavement Markings Refresh (Includes Runway 18-36 and various
Taxiway Surfaces); and,
2. Acquisition of Regenerative Style of Airport Approved Pavement
Sweeper / Vac
FY2024 -
Staff is recommending that ALO carry over our FY-2024 Airport federal
funds to FY2025, so that we can complete critical repairs to the intersection
of both Runways18-36 & 12-30 (Runway 12-30 RSA or Runway Safety
Area).
Legal Descriptions: Not Applicable for this request by Staff.
Page 128 of 162
AECOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
CITY OF WATERLOO, IOWA
WATERLOO REGIONAL AIRPORT
PROFESSIONAL SERVICES AGREEMENT (2020 - 2024)
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,
Waterloo Regional Airport, 2790 Livingston Lane, 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.
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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
negligence under this Agreement and only to the extent of the insurance limits
specified herein.
Page 130 of 162
(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 in accordance with the following:
A. Compensation for the Services may be on an hourly basis in accordance with the
hourly fees and other direct expenses in effect at the time the services are
performed.
B. In some cases, compensation may be on some other agreed to basis such as a
lump sum fee. The alternate method of compensation will be agreed to by both
parties as part of the Project definition and estimate.
C. Compensation for AIP-eligible projects may be as a lump sum fee or on an hourly
basis using cost plus fixed fee method. A not -to -exceed amount shall be provided
at time of execution. If a substantial change in scope occurs, an amendment may
be processed to account for the additional effort.
D. 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
Page 131 of 162
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
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.
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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
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.
Page 133 of 162
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
be changed, 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 of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
(b) This Agreement shall be governed by the laws of the State of Iowa.
(c) ATS may subcontract any portion of the Services to a subcontractor approved by
CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of
its obligations under this Agreement.
(d) In no event shall either party be liable to the other for indirect or consequential
damages, including, but not limited to, loss of use, loss of profit or interruption of
business, whether arising in contract, tort (including negligence), statute, or strict
liability.
(e) In the event CLIENT uses a purchase order form to administer this Agreement, the
use of such form 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 in or on such forms shall be deemed stricken and null and void.
(f)
(g)
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.
This Agreement shall include those conditions in Exhibit B.
(h) This Agreement shall include Exhibit C, Sample Individual Project Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written
below.
APPROVED FOR CLIENT APPROVED FOR AECOM
By: By:
Printed Name: Quentin M. Hart Printed Name: Douglas W. Schindel, P.E
Title: Mayor Title: Associate Vice President
Date: Date: January 14, 2020
Page 134 of 162
EXHIBIT A
A. Project Description
This Agreement between the Client and ATS is the Professional Services Agreement to allow ATS
to assist the Client with engineering and architectural services for future projects. Projects at the
Waterloo Regional Airport may include the following:
1. Taxiway Bravo
2. Rehabilitation of Runway 12/30, Taxiways Apha (East) and Echo (Pavement
Maintenance)
3. Rehabilitation of Taxiway Alpha (West)
4. Remark Runway 18/36 and Associated Taxiways and Purchase of an Airfield
Regenerative Sweeper (Separate Projects)
5. Rehabilitation of Runway 18/36 Within the Safety Area of Runway 12/30
6. Additional On -Call Services, As Needed, and/or Required for the Term Period
B. Scope of Services
Services to be provided under this Agreement are as follows:
1. Services include, but are not limited to, engineering services for preliminary design, final
design, bidding and construction phases including incidental special services for projects
funded under the FAA Airport Improvement Program or other funding sources.
2. Professional technical services on an "on call" basis without a separate agreement for
each request.
3. Services will be provided when requested by the Client and at the level of service the
Client desires.
4. Proposed scope of services, estimate of the cost, and estimate of start and completion
dates would be provided by ATS for each project, if requested by the Client.
C. Time of Completion
ATS shall complete the Services for each project as defined in the applicable Individual Project
Agreements. The parties anticipate that any Individual Project Agreements shall be issued
between the time of the execution of this Professional Services Agreement and December 31,
2024.
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FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS
ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "PRIME CONTRACTOR", "BIDDER",
"OFFEROR", AND "APPLICANT" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E).
ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB -TIER CONTRACTOR" OR
"LOWER TIER CONTRACTOR" SHALL PERTAIN TO ANY SUBCONSULTANT UNDER
CONTRACT WITH THE A/E.
ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE
STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS
WITH THE A/E.
ACCESS TO RECORDS AND REPORTS
Reference: 2 CFR § 200.333, 2 CFR § 200.336, and FAA Order 5100.38
The contractor must maintain an acceptable cost accounting system. The contractor agrees to provide the
Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of
their duly authorized representatives access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The contractor agrees to maintain all books, records and reports
required under this contract for a period of not less than three years after final payment is made and all
pending matters are closed.
CIVIL RIGHTS —GENERAL
Reference: 49 USC § 47123
The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin,sex, age,
or disability be excluded from participating in any activity conducted with or benefitingfrom Federal
assistance.
This provision binds the contractor and sub -tier contractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of
1964.
CIVIL RIGHTS — TITLE VI ASSURANCE
Reference: 49 USC § 47123 and FAA Order 1400.11
A) Title VI Solicitation Notice
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Actof 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifiesall bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full and fairopportunity to submit bids in response to this invitation and will not be
discriminated against onthe grounds of race, color, or national origin in consideration for an award.
Page 1 of 11 Updated November 12, 2019
Page 136 of 162
B) Title VI Clauses for Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees asfollows:
1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they maybe amended from time to
time, which are herein incorporated by reference and made a part of this contract.
2) Non-discrimination: The contractor, with regard to the work performed by it during thecontract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR part 21.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work tobe performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the contractor of the contractor's obligations under this contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4) Information and Reports: The contractor will provide all information and reports required by the
Nondiscrimination Acts and Authorities, and directives issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be determined by
the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information, the
contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will
setforth what efforts it has made to obtain the information.
5) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractorcomplies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6) Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Nondiscrimination Acts and Authorities, and directives issued pursuant thereto. The contractorwill
take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by
a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter
into any litigation to protect the interests of the sponsor. In addition, the contractor may request the
United States to enter into the litigation to protect the interests of the United States.
Page 2 of 11 Updated November 12, 2019
Page 137 of 162
C) Title VI List of Pertinent Nondiscrimination Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination
statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),(prohibits discrimination
on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -Assisted Programs of The Department of
Transportation —Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include
all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether
such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by
Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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Page 138 of 162
DISADVANTAGED BUSINESS ENTERPRISE
Reference: 49 CFR part 26
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carryout applicable
requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract,which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under thisprime
contract for satisfactory performance of its contract no later than thirty (30) calendar days fromthe receipt
of each payment the prime contractor receives from the Sponsor. The prime contractoragrees further to
return retainage payments to each subcontractor within thirty (30) calendar days afterthe subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the Sponsor. This clause applies to both
DBE and non -DBE subcontractors.
ENERGY CONSERVATION REQUIREMENTS
Reference: 2 CFR § 200, Appendix II (H)
Contractor and each subcontractor agree to comply with mandatory standards and policies relating to
energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq).
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
Reference: 29 USC § 201, et seq.
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in
full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part time workers.
The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The
Consultant must address any claims or disputes that pertain to a referenced requirement directly with the
U.S. Department of Labor — Wage and Hour Division.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Reference: 20 CFR part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the
employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement
directly with the U.S. Department of Labor — Occupational Safety and Health Administration.
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RIGHT TO INVENTIONS
Reference: 2 CFR § 200 Appendix II (F) and 37 CFR §401
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business
Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by
reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must
include this requirement in all sub -tier contracts involving experimental, developmental or research work.
SEISMIC SAFETY
Reference: 49 CFR part 41
In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard which provides a level of seismic safety
substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program
(NEHRP). Local building codes that model their building code after the current version of the International
Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design
services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests
conformance of the building design and the construction specifications with the seismic standards of
NEHRP or an equivalent building code.
TAX DELINQUENCY AND FELONCY CONVICTION
Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L.
113-76) and DOT Order 4200.6
Certification - The applicant represents that it is not a corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability.
Certification - The applicant represents that it is not a corporation that was convicted of a criminal violation
under any Federal law within the preceding 24 months. A felony conviction means a conviction within the
preceding twenty four (24) months of a felony criminal violation under any Federal law and includes
conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a
felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.
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TRADE RESTRICTION CERTIFICATION
Reference: 49 USC § 50104 and 49 CFR part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror:
a) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (U.S.T.R.);
b) has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S. firms as published by the U.S.T.R; and
c) has not entered into any subcontract for any product to be used on the Federal on the project that
is produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and
the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution
under Title 18, United States Code, Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
a) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the U.S.T.R. or
b) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such U.S.T.R. list or
c) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in in all lower tier subcontracts. The contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on the
list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract
or subcontract for default at no cost to the Owner or the FAA.
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VETERAN'S PREFERENCE
Reference: 49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor
and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United
States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans,
Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632)
owned and controlled by disabled veterans. This preference only applies when there are covered veterans
readily available and qualified to perform the work to which the employment relates.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $3,500
DISTRACTED DRIVING
Reference: Executive Order 13513 and DOT Order3902.10
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving"
(10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages
recipients of Federal grant funds to adopt and enforce safety policies that decreasecrashes by distracted
drivers, including policies to ban text messaging while driving when performingwork related to a grant or
sub -grant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its
employees and other work personnel that decrease crashes by distracted drivers, including policies that ban
text messaging while driving motor vehicles while performing work activities associated with the project. The
Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve
driving a motor vehicle in performance of work activities associated with the project.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT
Reference: 2 CFR § 200 Appendix II (B)
Termination for Convenience
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as
explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and
materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination by Default
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are
essential to the completion of the work per the terms and conditions of the Agreement. The party initiating
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Page 142 of 162
the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to
terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions
necessary to cure the breach, and the effective date of the termination action. The rights and remedies in
this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure
of the Consultant to:
1) Perform the services within the time specified in this contract or by Owner approved extension;
2) Make adequate progress so as to endanger satisfactory performance of the Project;
3) Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must
deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the Engineer under this contract,
whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of
the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the
termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the
Owner:
1) Defaults on its obligations under this Agreement;
2) Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3) Suspends the Project for more than [180] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant
for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and
Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without
prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement
based upon the Owner's breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive
full payment for all services performed or furnished in accordance with this Agreement and all justified
reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner
agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of
the termination action under this clause.
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PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000
DEBARMENT AND SUSPENSION
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, and DOT Order 4200.5
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the
bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended
by any Federal department or agency from participation in this transaction.
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1) Checking the System for Award Management at website: https://www.sam.gov.
2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Bidder or Offeror), above.
3) Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or
disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy,
including suspension and debarment.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
Reference: 2 CFR § 200 Appendix II (E)
1) Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any such laborer ormechanic, including
watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation ata rate not less than
one and one-half times the basic rate of pay for all hours worked in excess offorty hours in such workweek.
2) Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract forthe District of
Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess ofthe standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph 1 above.
3) Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any such contract or any
Page 9 of 11 Updated November 12, 2019
Page 144 of 162
other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
4) Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1
through 4 and also a clause requiring the subcontractor to include these clauses in any lowertier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor orlower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of thissection.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment; 2 CFR part 200, Appendix II (J); and 49 CFR
part 20, AppendixA
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his orher
knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for makingor entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
P
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Page 145 of 162
ROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000
BREACH OF CONTRACT TERMS
Reference: 2 CFR § 200 Appendix II (A)
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may
result in the suspension or termination of this contract or such other action that may be necessaryto
enforce the rights of the parties of this agreement.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise
imposed or available by law.
CLEAN AIR AND WATER POLLUTION CONTROL
Reference: 2 CFR § 200 Appendix II (G)
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §
1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The
Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal
Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
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Page 146 of 162
EXHIBIT C
(Sample Individual Project Agreement)
Project Name:
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
FAA NO. xxxxxxx
Project Description - See Attachment
Scope of Services - See Attachment
Compensation
Compensation for services for this project shall be a cost plus fixed fee not to exceed
($ ). See attached Consultant Cost Summary.
General Conditions
Except as specifically amended by this Individual Project Agreement, Services shall be provided in
accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between
AECOM Technical Services, Inc. ("ATS"), and the City of Waterloo ("Client"), dated xxx, 20xx.
APPROVED: APPROVED:
CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC.
By By
Quentin M. Hart
Mayor
Date Date
O:\Administration\AGREE\PROF\WatAir AIP 2020-2024.doc
Douglas W. Schindel, P.E.
Associate Vice President
Page 147 of 162
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 $194,100, in conjunction with the Waterloo Regional Airport FY 2020 FAA
approved projects, and authorizing the Mayor to execute said document.
City Council Meeting: 2/4/2020
Prepared: 1/29/2020
REVIEWERS:
Department Reviewer Action Date
Airport Kaspari, Keith Approved 1/29/2020 - 2:11 PM
Clerk Office Even, LeAnn Approved 1/29/2020 - 2:50 PM
ATTACHMENTS:
Description Type
❑ FAA Approval Letter Cover Memo
❑ Professional Services Agreement between City of Cover Memo
Waterloo and AECOM for FY-2020 Projects
ALO - Waterloo - 5-Year ACIP (See Yellow
❑ Highlighted Areas for FY2020 Projects Cover Memo
SUBJECT:
Resolution approving a Professional Services Agreement with AECOM
Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed
$194,100, in conjunction with the Waterloo Regional Airport FY 2020 FAA
approved projects, and authorizing the Mayor to execute said document.
Submitted by: Submitted By: Keith Kaspari, Airport Director
Recommended Action: Approve of the above as requested by the Airport Director.
Summary Statement:
Expenditure Required:
Source of Funds:
This project will allow the continued development of critical projects at the
airport, as listed in the agreement and overall scope of work.
For this project, project design services will tally a total of $194,100, under a
FAA required, Cost Plus Fixed Fee - Not to Exceed format of Agreement,
or, a CPFF-NTE.
The source of funds for this project will be derived as follows:
1. FAA - Funding this project at approximately $174,690.00; and,
2. City of Waterloo (Required 10% Local Match), or the remaining balance
of $20,010.00.
For ALO's required 10% match, the above $20,010.00 will be derived via a
future application of the next round of Passenger Facility Charge (PFC).
This next PFC is expected to be approved by the FAA, along with an
approval by the Waterloo City Council, this late winter / early spring season.
Page 148 of 162
This project complies with the City of Waterloo's Strategic Plan, as follows:
Policy Issue:
Goal No: 2, and Strategy No: 2.2.
Goal No: 3, and Strategy No: 3.4.
Goal No: 4, and Strategy No: 4.5.
Alternative: No project alternatives were needed for this request by Staff.
Background Information:
This project will allow Staff to finally complete a long -delayed project for the
following:
1. Obstruction Mitigation and Tree Removal in the following areas:
A. Approach to Runway 12;
B. Approach to Runway 18; and,
C. Centerfield, and west of the Mid -Point of Runway 18-36
2. Rehabilitation for the heavily deteriorated section of pavement on the
General Aviation Apron (where large Charter Aircraft) are parked.
3. Rehabilitation for the East Airline Terminal Aircraft Parking Apron
(Replacement of Joint Sealant to preserve the pavement long-term.)
4. Primary project of all four, is the pavement rehabilitation and lighting
replacement for Taxiway Bravo, located between Taxiway Alpha and the
intersection of Runway 18-36 (includes minor stub of Taxiway Charlie and
the "Y" Intersection).
Legal Descriptions: Not Applicable for this request by Staff.
Page 149 of 162
�r
U.S. Department
of Transportation
Federal Aviation
Administration
January 29, 2020
Mr. Keith Kaspari, MPA, CM
Director of Aviation
Waterloo Regional Airport
2790 Livingston Lane
Waterloo, IA 50703
Re:
Central Region
Iowa, Kansas,
901 Locust
Kansas City, Missouri 64106
Missouri, Nebraska (816) 329-2600
Waterloo Regional Airport (ALO); Waterloo, IA
AIP No. 3-19-0094-047
Reconstruct Taxiway B (3,100' x 50') from the Terminal Apron to Runway 18/36
Subject: Engineering Agreement Acceptance
Dear Mr. Kaspari:
FAA Determination
Based upon our review of the subject agreement between AECOM and City of Waterloo, Iowa we
find the engineering agreement acceptable for use on the subject project. This engineering agreement
includes the following compensation:
Services Contract Amount Ineligible Amount Fee Type
Design, Bidding $194,100.00 $0.00 CPFF NTE
Total Compensation $194,100.00 $0.00
What you need to submit now
If you have not done so, please submit a copy of the executed engineering agreement for our file. Per
the proposed schedule the 30% Submittal is due by March 31, 2020.
Questions
If you have any questions, please contact me at (816) 329-2647 or brian.m.tompkins@faa.gov.
Sincerely,
Brian M. Tompkins, P.E., C.M.
State Airport Engineer - Iowa
Page 150 of 162
AECOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36
FAA AIP 3-19-0094-0047-2020
RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL
APRON
FAA AIP 3-19-0094-0046-2020
REMOVE TREES
FAA AIP 3-19-0094-0047-2020
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
Project Description - See Attached Exhibit A, Scope of Services
Scope of Services - See Attached Exhibit A, Scope of Services
Compensation
Compensation for services for this project shall be a cost plus fixed fee not to exceed One Hundred Ninety -
Four Thousand One Hundred Dollars ($194,100.00). See attached Exhibit B, Consultant Cost Summary.
General Conditions
Except as specifically amended by this Individual Project Agreement, Services shall be provided in
accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between
AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated
APPROVED: APPROVED:
CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC.
By By
Quentin M. Hart, Mayor Douglas W. Schindel, P.E.
Associate Vice President
Date
Date January 14, 2020
Page 151 of 162
AECOM
EXHIBIT A
SCOPE OF SERVICES
RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36
FAA AIP 3-19-0094-0047-2020
RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL
APRON
FAA AIP 3-19-0094-0046-2020
REMOVE TREES
FAA AIP 3-19-0094-0047-2020
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
Project Description
The project consists of three distinct and separate projects described as the Reconstruct
Taxiway B South of Runway 18/36, Reconstruct West Terminal Apron and Remove Trees,
each of which are further defined below:
The first project is the Reconstruct Taxiway B South of Runway 18/36, which consists of the
following major work items:
• Reconstructing the portion of Taxiway B between Runway 18/36 and Taxiway A,
including a strip across Runway 6/24 at the Taxiway B intersection,
• Reconstructing a 200-foot portion of Taxiway C contiguous with and north of Taxiway
B to the recently reconstructed portion of Taxiway C (AIP Grant 045),
• Replacing Taxiways B and C edge lighting systems, associated airfield guidance
signage and power cables. Replacing the Taxiway B home -run cable to the electrical
vault will be investigated.
• Removing Taxiways A and B shoulder pavements.
The second project is the Reconstruct West Terminal Apron and Clean/Reseal Joints East
Terminal Apron. The Terminal Apron project will incorporate, for re -bidding purposes, the
plans and specifications.
The third project will remove trees that are penetrations to the FAA Part 77 surfaces located
in approach to Runway 18, approach to Runway 12 and midfield and west of the center of
Runway 18/36.
It is anticipated that design and construction of this project will be funded in part with Federal
funds received through the above -listed Federal Aviation Administration (FAA) Airport
Improvement Program (AIP) under Grants.
II. Scope of Services
The work to be performed by ATS shall encompass and include detailed work, services,
materials, equipment and supplies necessary to provide preliminary design, develop final
plans, develop specifications, provide construction cost estimates and provide bidding
services. Work is divided into the following tasks:
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AECOM
1. Pre -Design Conference. This task consists of a pre -design conference called by the
Sponsor and held between the Sponsor, ATS and the FAA. The pre -design
conference will be conducted by conference call. The purpose of this conference is
to discuss various items relating to design parameters, airport safety, routing of
aircraft and equipment, sequencing of construction operations, environmental
considerations and civil rights requirements. ATS will prepare and distribute an
agenda and the minutes of this meeting. The minutes will document the
requirements set forth in this pre -design conference. The project manager will be in
attendance.
2. Data Collection and Review. This task consists of the collection of existing data
applicable to this project and related to the proposed work site. Record drawings of
completed projects, 2017 Pavement Management Report and utility information will
be compiled as background information for the project.
3. Subsurface Information. This task consists of completing pavement cores and
collection of subsurface soils data on an approximate 350-foot grid along Taxiway B.
Subsurface investigations shall be completed in accordance with AC 150/5340-6F.
Subsurface information will be collected for design and construction of the proposed
improvements.
1) Soil borings and pavement cores will be taken at the locations identified in
the following table. Figure 1 depicts the proposed locations.
Pavement
Cores
Soil
Borings
CBR
Tests
Description of Location(s)
1
Taxiway A at the Taxiway NB Intersection
2
Taxiway B Shoulder
5
5
3
Taxiway B between Taxiway A and the "Y"
Intersection. Space every 350 feet with
the first core/boring 350 feet north of the
Runway 6/24 edge of pavement and the
last core/boring within the Taxiway B/C
Intersection.
1
Runway 6/24 within the width of Taxiway B
1
1
1
Taxiway B between the "Y" Intersection
and Runway 18/36
1
Runway 18/36 near Taxiway B
1
Taxiway C west of the "Y" Intersection
12
6
4
Total
2) Perform Laboratory Testing
• Atterberg Limits (ASTM D4318) - 3 Tests
• Liquid Limits and Plasticity Index - 3 Tests
• Moisture Content - 12 Tests
• Moisture Density Relationship (ASTM D1557 Modified) - 4 Tests
• California Bearing Ratio (ASTM D1883) - 4 Tests
• Hydrometer - Sieve Analysis (ASTM D422) - 3 Tests
Page 153 of 162
AECOM
3) Prepare Geotechnical Report. Submit a draft report for Sponsor and FAA
review. Submit a final report after addressing Sponsor and FAA comments.
4. Field Survey. This task consists of a field survey to collect the following topographic
information to assist in the preparation of the plans for the project:
1) existing survey control network;
2) bearings of Taxiways A, B, and C and Runway 18/36;
3) existing pavement edges, pavement type and pavement joint intersections
for PCC pavement;
4) edge lights, signs, and navigational aids (including VORTAC access
roads);
5) drainage structures and drainageways;
6) pavement markings;
7) location of proposed pavement cores and soil borings and;
8) other horizontal and vertical data within the survey limits.
Cross -sections of Taxiways A, B, and C and Runway 18/36 every 50 feet out to at
least the Object Free Area will be collected. Property surveys are not included in this
task. Figure 1 depicts the field survey limits.
5. Base Mapping and Digital Terrain Model. This task consists of the preparation of a
project base map and digital terrain model prepared from the field survey and record
documents of completed projects.
6. Design Aircraft. This task consists of determining the critical design aircraft to be
used for the design of this project through coordination with the Sponsor and the
FAA. As part of this task, data will be evaluated to confirm with the airport Sponsor
the aircraft types and number of operations by occasional aircraft that use or are
projected to use the Waterloo Regional Airport. A list of design aircraft and number
of operations that form the basis for the pavement design and standard geometrics
to reconstruct the taxiway will be presented with the pavement design. The most
current version of FAA AC 150/5000-17 Critical Aircraft and Regular Use
Determination will be used to define the design aircraft.
7. Pavement Design. This task consists of summarizing the pavement evaluation, the
determination of the design aircraft and reconstruction recommendations for the
taxiway pavement design, and preparation of the final pavement design forms for the
project. Alternative pavement designs will be completed for rigid and flexible
pavement sections. Life cycle costing will evaluate each alternative to determine the
most economic pavement section to use for reconstruction of the taxiway pavement.
8. Preparation of Design Plans for Taxiway B. This task consists of the preparation of
the final design plans for this project. Plans will be prepared in compliance with
current FAA requirements in effect at the time the plans are prepared. This task
includes the preparation of the following sheets with those sheets to be submitted at
30% noted with an asterisk and all sheets to be submitted at the 90% and final
submittals:
1) Title Sheet*
2) Legend, General Notes, Schedule of Drawings and Quantities, and Seal
3) General Project Layout*
4) Construction Safety and Operations Plan*
5) Taxiway Phasing Plan (Phase 1 - Runway 18/36 Closure)*
6) Taxiway Phasing Plan (Phase 2 - All work out of Runway Safety Areas)*
7) Typical Sections
Page 154 of 162
AECOM
8) Pollution Prevention Plan
9) Sediment and Erosion Control Plan
10) Sediment and Erosion Control Plan
11) Sediment and Erosion Control Plan
12) Sediment and Erosion Control Plan
13) Sediment and Erosion Control Details
14) Existing Conditions, Boring Locations and Demo Plan*
15) Existing Conditions, Boring Locations and Demo Plan*
16) Existing Conditions, Boring Locations and Demo Plan*
17) Existing Conditions, Boring Locations and Demo Plan*
18) Existing Conditions, Boring Locations and Demo Plan*
19) Geometric Layout*
20) Geometric Layout*
21) Taxiway Grading and Drainage Plan
22) Taxiway Grading and Drainage Plan
23) Taxiway Grading and Drainage Plan
24) Taxiway Grading and Drainage Plan
25) Taxiway Grading and Drainage Plan
26) Subdrain Plan and Profiles
27) Subdrain Plan and Profiles
28) Subdrain Plan and Profiles
29) Taxiway Plan and Profile*
30) Taxiway Plan and Profile*
31) Taxiway Plan and Profile*
32) Taxiway Plan and Profile*
33) Taxiway Plan and Profile*
34) Taxiway Jointing Plan
35) Taxiway Jointing Plan
36) Taxiway Jointing Plan
37) Taxiway Jointing Plan
38) Pavement Jointing Details
39) Taxiway Supplemental Elevations
40) Taxiway Supplemental Elevations
41) Taxiway Supplemental Elevations
42) Taxiway Supplemental Elevations
43) Taxiway Supplemental Elevations
44) Taxiway Marking Plan*
45) Taxiway Marking Plan*
46) Taxiway Marking Details
47) Taxiway Lighting and Signage Layout Plan
48) Taxiway Lighting and Signage Layout Plan
49) Taxiway Lighting and Signage Layout Plan
50) Taxiway Lighting and Signage Layout Plan
51) Airfield Electrical Details
52) Airfield Electrical Details
53) Guidance Sign Details
54) Taxiway Cross Sections
55) Taxiway Cross Sections
56) Taxiway Cross Sections
57) Taxiway Cross Sections
58) Taxiway Cross Sections
59) Taxiway Cross Sections
60) Taxiway Cross Sections
61) Taxiway Cross Sections
62) Taxiway Cross Sections
63) Taxiway Cross Sections
Page 155 of 162
AECOM
64) Taxiway Cross Sections
65) Taxiway Cross Sections
66) Taxiway Cross Sections
67) Taxiway Cross Sections
68) Taxiway Cross Sections
69) Taxiway Cross Sections
70) Taxiway Cross Sections
71) Taxiway Cross Sections
72) Taxiway Cross Sections
73) Taxiway Cross Sections
9. Preparation of Design Plans for East and West Terminal Apron. This task consists
of attaching the issued -for -bid plans dated May 8, 2018, of this project to the Taxiway
B plans. The Taxiway B plans will be identified as Base Bid 1 and the East/West
Terminal Apron plans will be identified as Base Bid 2. The following sheets will be
submitted at the 90% and Final submittals:
1) Title Sheet
2) Index of Sheets and Quantities
3) General Notes and Legend
4) Phasing Plan Phases 1 and 2
5) Existing Conditions and Removals
6) Soil Boring Logs
7) Grading and Drainage Plan
8) Storm Sewer Inlet Details
9) Miscellaneous Subdrain Details
10) Alignment Locations
11) Pavement Profiles
12) Typical Sections
13) Jointing Plan
14) Jointing Details
15) Supplemental Elevations
16) Joint Sealing Plan
17) Marking Plan
18) Marking Details
10. Project Manual. This task consists of the preparation of the project manual for the
project. The technical specifications and corresponding contract documents will be
in compliance with Advisory Circular (AC) 150/5370-10H. The Taxiway B project will
be identified as Base Bid 1 and the West and East Terminal Apron project as Base
Bid 2.
11. Construction Safety and Phasing Plan. This task consists of the preparation of a
separate Construction Safety and Phasing Plan (CSPP) in accordance with AIP
Sponsor Guide Section 960 and AC 150/5370-2G. The draft CSPP will be submitted
to FAA for review. A final CSPP will be prepared and submitted that will address
comments received. The final CSPP will be submitted as a stand-alone PDF and
included in an appendix of the project manual.
12. Airspace Submittal. This task consists of preparation and submittal of FAA 7460-1
forms electronically through the FAA's OEAAA website for temporary construction
items, including contractor's staging area, access routes, work areas limits and
construction equipment. Air space forms will be submitted during design phase of
project once element locations are defined for FAA determinations to be received
prior to anticipated construction start. Prior to making the 7460-1 submittal, plans
showing the study point shall be provided for FAA review.
Page 156 of 162
AECOM
13. Estimate of Probable Construction Cost. This task consists of the preparation of a
detailed estimate of construction costs based upon the detailed plans and
specifications. The Taxiway B project will be identified as Base Bid 1 and the West
and East Terminal Apron project as Base Bid 2.
This statement of probable construction cost prepared by ATS represents ATS's best
judgment as a design professional at the time the estimate is drawn. It is recognized,
however, that neither ATS nor the Sponsor has any control over the cost of labor,
materials or equipment; over the contractors method of determining bid prices; or
over competitive bidding or market conditions. Accordingly, ATS cannot and does
not guarantee that bids will not vary from any statement of Probable Construction
Cost or other cost estimates prepared by ATS.
14. Engineer's Design Report. This task consists of the preparation of an Engineer's
Design Report in accordance with the AIP Sponsor Guide Section 920 effective at
the time of the agreement. This report will be submitted to the Sponsor and FAA for
review and comment. Written responses will be provided to Sponsor and FAA
comments.
15. Update Airfield Guidance Sign Plan. Not included.
16. Update Airport Layout Plan. Not included.
17. Update 2017 Pavement Management Plan. Update to reflect new pavements for
Taxiway B South of Runway 18/36, Taxiway B and Runway 6/24 intersection,
Taxiway C and West Terminal Apron pavements. New pavement features and
sample units will be identified and inventory completed in the field. An update to the
MicroPaver Database is also included in this item. Submit a draft PMP for Sponsor
and FAA review followed by a final PMP after addressing comments. The PMP shall
be submitted electronically.
18. Quality Review. This task consists of the quality review of work elements on the
project. During the course of this project, quality reviews will be conducted by senior
technical personnel that are not directly involved in the project. QC reviews shall be
conducted on submittals and comments addressed prior to submitting to the Sponsor
and FAA.
19. DBE Program. This task consists of working with the Sponsor to update its 3-year
Disadvantaged Business Enterprise (DBE) program for the FY20-FY22 period in
accordance with U.S. Department of Transportation (DOT), 49 CFR Part 26 and
determine the DBE participation goal for this project.
20. Conferences and Meetings. This task consists of conferences and meetings that will
be attended by ATS for the purpose of coordination with the Sponsor, information
exchange and general understanding of the status and direction of the project. It is
anticipated that an on -site field meeting will be held during design and a meeting will
be held with the Sponsor around the time of the 90% submittal. ATS will prepare
agendas and minutes for all formal meetings.
21. Bid Assistance. This task consists of assisting the Sponsor to distribute documents,
issue addendum for bids, conducting the bid opening on -site, providing answers and
interpretation of the bid documents to questions from bidders, analyzing the bids
received, and preparing a recommendation of award to the Sponsor. The following
documents will be provided as part of this task:
Page 157 of 162
AECOM
1) Pre -Bid Conference Agenda and Minutes
2) Addenda
3) Tabulation of Bids
4) Letter of Analysis of Bids and Recommendation of Award
22. Grant Application(s). This task consists of assisting the Sponsor in preparation of
grant application(s).
23. Design Administration. This task consists of office administration and coordination
of the project. Interoffice meetings, general day-to-day administrative
responsibilities, and typing of interoffice memoranda and minutes of meetings are
included in this task. This task includes preparation and submittal of the following:
1) 30% Submittal
a. FAA. An Adobe Acrobat (PDF) file of the 30% Engineer's Design
Report containing the final Geotechnical Report and a PDF of the
30% Geometric Sheets (at half size).
b. Sponsor. Two hard copies of the 30% Engineer's Design Report
containing the final Geotechnical Report and 30% Geometric Sheets
(at half size) in the appendices.
c. ATS. Two hard copies of the 30% Engineer's Design Report
containing the final Geotechnical Report and 30% Geometric Sheets
(at half size) in the appendices.
2) 90% Submittal
a. FAA. Adobe Acrobat (PDF) files of the 90% Engineer's Design
Report, plans, project manual and Draft CSPP. The Engineer's
Design Report will contain written responses to the 30% comments.
b. Sponsor. Two sets of half-size plans, two copies of the project
manual and two copies of the Engineer's Design Report.
c. ATS. Two sets of half-size plans, two copies of the project manual
and two copies of the Engineer's Design Report.
3) Final Submittal
a. FAA. PDF files of the Final Engineer's Design Report, plans, project
manual and Revised CSPP. The Engineer's Design Report will
contain written responses to the 90% comments.
b. Sponsor. Two copies of written responses to 90% comments and
two hard copies of the plans, project manual, project construction
cost estimate, project budget and revised Engineer's Design Report.
c. ATS. Two copies of written responses to 90% comments and two
hard copies of the plans, project manual, project construction cost
estimate, project budget and revised Engineer's Design Report.
4) Issued for Bid Submittal
a. FAA. Electronic copies of the plans and project manual as Acrobat
PDF files.
b. Sponsor. Two copies of the plans and project manual.
c. ATS. Twenty copies of the plans, project manual and proposal forms
to be provided to plan rooms and potential contractors and suppliers.
O:Wdministration\AGREE\PROFWLO Recon Taxi B Recon W Term Remove Trees.docx
Page 158 of 162
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Page 159 of 162
Exhibit B
Reconstruct Taxiway B South of Runway 18/36
Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron
Remove Trees
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP 3-19-0094-0046-2020 AND FAA AIP 3-19-0094-0047-2020
Engineering Services
Consultant Cost Summary
Direct Labor Cost
Category Hours Rate/Hour Amount
Senior Professional 116 $91.25 $10,585.00
Project Professional 164 $65.90 $10,807.60
Staff Professional 350 $50.70 $17,745.00
Professional 188 $34.00 $6,392.00
CADD Operator II 0 $41.10 $0.00
CADD Operator I 438 $23.95 $10,490.10
Senior Technician 96 $40.00 $3,840.00
Technician 96 $27.70 $2,659.20
Project Support 136 $34.60 $4,705.60
1584
II. Payroll Burden and Overhead Costs
III. Direct Project Expenses
133.02%
Category Units Rate/Unit Amount
Mileage 2000 0.580 1,160.00
Per Diem 0 50.00 0.00
Lodging 0 90.00 0.00
B/W Copies 20,000 0.06 1,200.00
Color Copies 500 0.22 110.00
Plan Copier 100 0.50 50.00
EDM Equipment 30 12.50 375.00
GPS Equipment 18 25.00 450.00
Miscellaneous, Other 500.00
IV. AECOM Estimated Actual Costs
Rounded
V. Subcontract Expense
Braun Intertec
VI. Estimated Actual Costs
VII. Fixed Fee (15% of Items I & II) Rounded
VIII. Maximum Amount Payable
$67,224.50
$89,422.03
$3,845.00
$160,491.53
$160,500.00
$10,100.00
$170,600.00
$23,500.00
$194,100.00
Page 160 of 162
Reconstruct Taxiway B South of Runway 18/36
Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron
Remove Trees
Waterloo Regional Airport
Waterloo, Iowa
FAA AIP 3-19-0094-0046-2020 AND FAA AIP 3-19-0094-0047-2020
Engineering Services
Staff Hour Estimate
Item
No.
Description
Senior
Prof
Project
Prof
Staff
Prof
Prof
CADD
Operator II
CADD
Operator I
Senior
Technician
Technician
Project
Support
Totals
1
Pre -Design Conference
4
4
2
Data Collection and Review
4
8
8
8
8
36
3
Subsurface Information
4
4
4
Field Survey
40
80
80
200
5
Base Mapping & Digital Terrain Model
4
16
40
60
6
Design Aircraft
4
16
20
7
Pavement Design
8
24
32
8
Preparation of Design Plans for Taxiway B
0
1) Title Sheet
2
2
2) Legend, General Notes, Schedule of Drawings and Quantities, Seal
8
16
24
3) General Project Layout
4
8
12
4) Construction Safety and Operations Plan
8
16
24
5) Taxiway Phasing Plan (Phase 1 - Runway 18/36 Closure)
4
4
8
16
6) Taxiway Phasing Plan (Phase 2 - All work out of Runway Safety Areas)
8
16
24
7) Typical Sections
4
8
12
8) Pollution Prevention Plan
8
8
16
9) Sediment and Erosion Control Plan
8
12
16
36
10) Sediment and Erosion Details
8
8
16
11) Existing Conditions, Boring Locations and Demo Plan
2
8
10
12) Geometric Layout
8
12
20
13) Taxiway Grading and Drainage Plans
12
12
4
28
14) Subdrain Plan and Profiles
12
12
4
28
15) Taxiway Plan and Profile
16
16
8
40
16) Taxiway Jointing Plan
16
16
32
17) Pavement Jointing Details
8
8
16
18) Taxiway Paving Plan with Supplemental Elevations
8
16
24
19) Taxiway Marking Plan
4
8
12
20) Taxiway Marking Details
4
8
12
21) Taxiway Lighting and Signage Layout Plan
8
24
32
22) Airfield Electrical Details
16
24
40
23) Guidance Sign Details
4
8
12
24) Taxiway Cross Sections
12
12
16
40
9
Preparation of Design Plans for East and West Terminal Apron
8
24
32
10
Project Manual
24
24
40
88
11
Construction Safety and Phasing Plan
24
24
40
88
12
Airspace Submittal
16
16
32
13
Estimate of Probable Construction Cost
4
8
0
8
20
14
Engineer's Design Report
4
8
4
4
8
28
15
Update Airfield Guidance Sign Plan (NOT INCLUDED)
0
0
0
16
Update Airfield Layout Plan (NOT INCLUDED)
0
0
0
17
Update 2017 Pavement Management Plan
4
24
24
40
16
16
16
140
18
Quality Review
8
8
19
DBE Program
24
16
16
56
20
Conferences and Meetings
40
24
16
80
21
Bid Assistance
12
16
16
8
52
22
Grant Application
4
4
23
Design Administration
24
24
24
72
Total Design Services
116
164
350
188
0
438
96
96
136
1584
Page 161 of 162
WATERLOO
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM FUNDING
5-YEAR CAPITAL IMPROVEMENTS PLAN
PROJECT DESCRIPTION
10%
LOCAL
AIP MATCH TOTAL
FISCAL YEAR 2019 - NO FAA PROJECT
CARRY OVER FAA ENTITLEMENTS FOR FY 2020 PROJECT
FISCAL YEAR 2020
® OBSTRUCTION MITIGATION 141,750 15,750 157,500
O RECONSTRUCT TERMINAL APRON - PHASE 4 575,302 63,923 639,225
C RECONSTRUCTION OF TAXIWAY B 2,206,042 245,116 2,451,158
TOTAL FISCAL YEAR 2020 2,923,094 324,789 3,247,883
FISCAL YEAR 2021
® PAVEMENT MAINTENANCE (RUNWAY 12-30) 634,528 70,503 705,031
TOTAL FISCAL YEAR 2021 634,528 70,503 705,031
FISCAL YEAR 2022
O TAXIWAY A WEST (DESIGN AND 1,150,987 127,887 1,278,874
CONSTRUCTION)
TOTAL FISCAL YEAR 2022 1,150,987 127,887 1,278,874
FISCAL YEAR 2023
® AIRFIELD PAVEMENT MARKING
(RUNWAY 18-36 & TAXIWAYS)
® AIRFIELD PAVEMENT SWEEPER
189,248 21,027 210,275
265,500 29,500 295,000
TOTAL FISCAL YEAR 2023 454,748 50,527 505,275
AIP GRAND TOTAL 5,163,357 573,706 5,737,063
AIP -- FEDERAL PARTICIPATION
A_COM
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