Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Packet - 9/21/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, September 21, 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 158 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Margaret Klein, Ward 1 Council Member Agenda, as proposed or amended. Minutes of September 14, 2020, Regular Session, as proposed. Proclamation declaring September 25, 2020 as Disabled American Veterans Day. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary specifications, bid documents, form of contract, etc., in conjunction with the rental of one (1) and/or two (2) motor graders to support snow removal operations, setting date of bid opening as October 8, 2020 and date of public hearing as October 12, 2020, and instructing the City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Division Manager 3. Resolution approving preliminary specifications, bid documents etc., setting date of bid opening as October 8, 2020 and date of public hearing as October 12, 2020, in conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and instruct the City Clerk to publish said notice. Submitted By: Travis Nichols, Facilities/Project Manager 4. Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount of $254,230.32, and approving the contract, bonds and certificate of insurance, in conjunction with the Waterloo Regional Airport, Water Main Improvements - Phase I Project, Contract No. 1033, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Page 2 of 158 5. Resolution approving request of James Woodard for a waiver for a concrete driveway, located at Parcel ID 8912-19-304-007 (lot south of 235 Lewis Street), and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Service Roofing, of Waterloo, Iowa, at a total cost of$239,500, in conjunction with the Fire Station No. 1 Roof Replacement Project, and authorizing the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Henkel Construction Company, of Mason City, Iowa, in the amount of $253,406.20, in conjunction with the 5 Sullivan Brothers Convention Center Kitchen Improvement Project, and authorizing the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution setting date of public hearing as October 5, 2020 on the proposed reallocation of not to exceed $250,000 Unspent Proceeds of the General Obligation Bonds, Series 20188, and instruct the City Clerk to publish notice. Submitted By: Michelle C. Weidner, Chief Financial Officer 9. Resolution approving renewal of Crime and Fidelity insurance effective September 15, 2020, in the amount of$3,663. Submitted By: Kelley Felchle, City Clerk 10. Resolution approving cancellation of assessment for 414 Forest Avenue, in the amount of $1,572.36 and 120 Hawthorne Avenue, in the amount of $144.42, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk B. Motion to approve the following: 1. LIQUOR LICENSES a. Hy-Vee C-Store #4, 3700 University Avenue Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 10/31/2021 b. LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue Class: C Liquor w/Outdoor Sales Renewal Application Includes Sunday Expiration Date: 11/5/2021 C. Rudy's Tacos-Beer Hall-Lava Lounge, 2401 Falls Avenue Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 9/27/2021 d. Wal-Mart Supercenter#1496, 1334 Flammang Drive Page 3 of 158 Class: B Wine/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 9/30/2021 2. Motion approving Change Order No. 5 from Peters Construction Corporation of Waterloo, Iowa, for a net increase of$16,376.41, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 3. Motion to accept and place on file the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2015A. Submitted By: Michelle Weidner, Chief Financial Officer 4. Motion approving Change Order No. 2 from Aspro, Inc., of Waterloo, Iowa, for a net increase of $115,205.27, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Fireworks Display at the National Cattle Congress for the Hairball Concert on September 26, 2020 from approximately 8:00 p.m. to 10:00 p.m. 6. Bonds. PUBLIC HEARINGS 2. Request by Peters Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning District to allow for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball 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 amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Peters Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning District, for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball Avenue. 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 3. Sale and conveyance of City owned property located north of 3488 Wagner Road, in the amount of $1.00, to Steege Investments, LLC, including a Development and Minimum Assessment Agreement, for the development of a 12,000 square-foot building. 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. Page 4 of 158 Resolution authorizing the sale and conveyance of City owned property located north of 3488 Wagner Road, in the amount of $1.00, to Steege Investments, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement between Steege Investments, LLC and the City of Waterloo, Iowa, in conjunction with the construction of a 12,000 square-foot building, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 4. Codification of the City of Waterloo Traffic Code of Ordinances. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No on file. Motion to close hearing and receive and file oral and written comments. Motion to receive, file, consider, and pass for the first time an ordinance adopting the 2020 Traffic Code of the City of Waterloo, Iowa. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Kelley Felchle, City Clerk RESOLUTIONS 5. Resolution adopting a face mask mandate for the City of Waterloo. Submitted By: Jonathan Grieder, Ward 2 Council member 6. Resolution approving a Community Assistance Grant Contract with the Iowa Department of Natural Resources, in conjunction with the Asbestos Abatement Reimbursement Program, for an abandoned property located at 120 Center Street, in the amount of$6,290, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving an Architectural Services Agreement with Align Architecture and Planning of Waterloo, Iowa, in the amount of$3,500, plus mileage and printing costs, in conjunction with the evaluation of the Dunsmore House, 902 Logan Avenue, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving a Development Agreement with GBS Development, LLC, for the construction of up to twelve (12) two-unit residential buildings, for a total of up to twenty- four (24) units, located north of 669 S. Hackett Road, including a Development Grant of $5,000 per unit, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 5 of 158 MEETINGS 4:45 p.m. Housing Authority Board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Planning, Programming &Zoning minutes of August 4, 2020. 2. August 2020 Community Development Board Meeting minutes. 3. Communication from the Street Department on the notice of the conclusion of employment for Cooper Siddell, Street Maintenance, effective September 9, 2020, with recommendation of approval of payout of$3,112.97 for unused benefits. 4. Communication from the Street Department on the notice of the conclusion of employment for Kevin Butler, Equipment Operator 11, effective September 4, 2020, with recommendation of approval of payout of$4,317.96 for unused benefits. 5. Communication from the Waste Management Services Department on the notice of conclusion of employment for Laura Winninger, Clerk 11, effective September 11, 2020, with recommendation of approval of payout of$1,851.11 for unused benefits. Page 6 of 158 CITY OF WATERLOO Council Communication Minutes of September 14, 2020, Regular Session, as proposed. City Council Meeting: 9/21/2020 Prepared: ATTACHMENTS: Description Type U Minutes of 9.14.2020 Backup Material Submitted by: Submitted By: Page 7 of 158 September 14, 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, September 14, 2020. Mayor Quentin Hart in the Chair. Roll Call: Amos, Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Klein and Boesen were present. Prayer or Moment of Silence. Pledge of Allegiance: Dave Boesen, At-Large Council member 159076 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, September 14, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159077 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Tuesday, September 8, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Recognition of 30 Years of Service to Jay Jordan. Proclamation declaring September 17-23, 2020 as Constitution Week. Proclamation declaring September 15 through October 15, 2020 as Hispanic and Latinx Heritage Month. ORAL PRESENTATIONS Elder Earl, Church of Jesus Christ of Latter Day Saints, commented that they will be in the community offering assistance with any ventures or cleanup projects. He explained that they are not able to work with electric or power tools, would need two to three days' notice and are looking for more opportunities to help and serve in the community. Forest Dillavou, 1725 Huntington Road, commented that it surprised him that the city went into a 657A home on Williston and found that it was stinking. He stated that he knows an individual who lives near the home who told him that it had stunk for years. He commented that the city should lead by example and tear homes down faster, or at least secure them so that they are not a hazard to the public. He encouraged the city to do an evaluation of the home upon acquiring these properties. Mayor Hart announced that the virtual State of the City address would begin tomorrow at 11:00 a.m. and provided information on how to listen in. Mrs. Juon commented that she is hosting a community book read on the book titled"How to be an Anti-Racist"that begins on October 1. 159078 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159079 - Juon/Feuss that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated September 14, 2020, in the amount of$4,190,893.91, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-691. Page 8 of 158 September 14, 2020 Page 2 2. Resolution approving request of Lynn M. Miller for a waiver for a concrete driveway, located at 838 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-692. 3. Resolution approving cancellation of assessment for 233 Arden Street, in the amount of $370.07, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2020-693. 4. Resolution authorizing the Iowa Department of Transportation Iowa Clean Air Attainment Program application to fund the Traffic Flow Improvement and Emission Reduction Project, on Broadway Street connecting signals from downtown to Airport Boulevard, with a local match of$100,000, committing to maintaining the improvements as required by the Iowa Department of Transportation, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-694. 5. Resolution authorizing the Iowa Department of Transportation Iowa Clean Air Attainment Program application to fund the Traffic Flow Improvement and Emission Reduction Project on US 63 from Donald Street to Newell Street, with a local match of$29,000, committing to maintaining the improvements as required by the Iowa Department Of Transportation, and Authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-695. 6. Resolution setting date of public hearing as September 28, 2020, for the sale and conveyance and vacation of street right-of-way of city owned property located at 120 Center Street, to Perfect Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development of a 7,280 square-foot building, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-696. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Major Leibold, Basic Supervisor Waterloo, October 5, 2020 $1400 Captain Mohlis, Liability On Line Course IA Captain McGeough, Lt. McClelland b. Angie Fordyce, Sub Recipient Online Tuesdays and $300 Community Management Online Thursdays Development Training and 2:00-4:00 Coordinator Certification Course October 20- November 12 c. Police Officers Ehlers Basic Swat School Cedar 9/8-14/2020 $250 and Bovy Rapids, IA 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Speedy Mart, 926 Linn Street B Wine and C Beer Renewal 07/06/2021 x b. Newton's Paradise Cafe, 128 B Native Wine, C Liquor, Renewal 9/17/2021 x E. 4th Street and Outdoor Service Page 9 of 158 September 14, 2020 Page 3 c. Brown Derby Ballroom, 618 C Liquor Renewal 9/30/2021 x Sycamore Street d. Chapala Mexican Restaurant, C Liquor New 8/8/2021 x 900 LaPorte Road *Ownership Update* Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 159080 - Morrissey/Grieder that proof of publication of notice of public hearing on FY21 Final Clarifier No. 3 Contract No. 1032, as published in the Waterloo Courier on September 4, 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. 159081 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159082 - Morrissey/Grieder that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-697. 159083 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount Griffin Dewatering o 5/o $342,000 Omaha,NE The Cahoy Group o $238,515 Sumner, IA 5/o Voice vote-Ayes: Three. Motion carried. 159084 - Morrissey/Grieder that "Resolution approving award of bid to The Cahoy Group of Sumner, Iowa, in the amount of $238,515, in conjunction with FY 2021 Final Clarifier No. 3, Contract No. 1032", be adopted. Roll- call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-698. 159085 - Amos/Grieder that proof of publication of notice of public hearing on Purchase of three (3) 2020 or newer Wheel Loader V Plow(s)with Wing, as published in the Waterloo Courier on September 4, 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. 159086 - Amos/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. Page 10 of 158 September 14, 2020 Page 4 159087 - Amos/Grieder that "Resolution confirming specifications, bid documents, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the purchase. Randy Bennett, Public Works Division Manager, provided an overview of the use of the wheel loader Recognition of 30 Years of Service to Jay Jordan. V plows with wing. Mr. Boesen questioned if this is in lieu of renting three graders for four months. Randy Bennett explained that this is in addition but could also potentially replace the need for renting additional grades. Resolution adopted and upon approval by Mayor assigned No. 2020-699. 159088 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate: $40,000 each Bidder Bid Amount Murphy Tractor Waterloo, IA $56,514.12 Mid Country Machinery Waterloo, IA $55,900 Titan Machinery $52,240 Center Point, IA Voice vote-Ayes: Seven. Motion carried. 159089 - Amos/Grieder that "Resolution approving award of bid to Titan Machinery of Center Point, Iowa, in the amount of $156,720, for three (3)Wheel Loader Wings and Plows, $52,240 each, for the Street Department",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-700. 159090 - Klein/Grieder that proof of publication of notice of public hearing on FY 2021 Hope Martin Park Shelter Reconstruction Project, Contract No. 1028, as published in the Waterloo Courier on September 4, 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. 159091 - Klein/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159092 - Klein/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned if the current shelter is going to remain or if it is going to be demolished and replaced. Page 11 of 158 September 14, 2020 Page 5 Jamie Knutson, City Engineer, explained that the project would provide new concrete, shelter, and connection to the restrooms. Paul Huting, Leisure Services Director, commented that the current shelter was in poor condition and it was demolished in house. He added that it was requested for six years in the CIP process and it took a long time to receive priority. Mr. Morrissey questioned if flooding is an issue for this project. Paul Huting provided information on the design of the shelter. Resolution adopted and upon approval by Mayor assigned No. 2020-701. 159093 - Klein/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Bidder Bid Security Bid Amount Cardinal Construction Waterloo, IA 5% $139,000 Lodge Construction, Inc. ° Clarksville, IA 5/0 $131,293 Woodruff Construction Inc. Waterloo, IA 5% $163,683 Voice vote-Ayes: Seven. Motion carried. 159094 - Feuss/Grieder that proof of publication of notice of public hearing on Waterloo Regional Airport Water Main Improvements -Phase I, Contract No. 1033, as published in the Waterloo Courier on September 4, 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. 159095 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159096 - Feuss/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-702. 159097 - Feuss/Grieder Motion to receive and file and instruct City Cleric to read bids and refer to City Engineer for review. Bidder Bid Security Total Bid Amount Busy Bee Construction, LLC ° Lewistown, MO 5/0 $377,178.65 Denver Underground ° 5/o $260,478.80 Denver, IA Vieth Construction Corporation ° Cedar Falls, IA 5/o $340,011.50 Baker Enterprises, Inc. ° 5/o $287,874.10 Waverly, IA Page 12 of 158 September 14, 2020 Page 6 Pirc Tobin Construction Inc. 5% $355,417.50 Alburnett, IA Midwest Concrete, Inc. 5% $254,230.32 Peosta, IA Peterson Contractors Inc. 5% $279,842.85 Reinbeck, IA Voice vote-Ayes: Seven. Motion carried. 159098 - Morrissey/Amos that proof of publication of notice of public hearing on General Obligation Bonds -ECP-UR 6 - The issuance of not to exceed $4,000,000 General Obligation Bonds for essential corporate urban renewal purposes, as published in the Waterloo Courier on September 4, 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. 159099 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159100 - Morrissey/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $4,000,000 General Obligation Bonds.",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-703. RESOLUTIONS 159101 - Klein/Grieder that "Resolution awarding bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of $5,516,300, in conjunction with the Waterloo Five Sullivan Brother Convention Center Addition and Lobby Renovation Project, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned where the additional funding is coming from for the project. Noel Anderson,Community Planning and Development Director,commented that the funds will come from bonds. Resolution adopted and upon approval by Mayor assigned No. 2020-704. 159102 - Klein/Grieder that"Resolution approving a second amendment to the Development Agreement with CJE Properties, Green Development Waterloo, LLC and Riverside Investments, LLC, originally executed May 17, 2010, changing completion date to June 30, 2021, for a home located at 738 Mobile Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the project as the development agreement has been in existence for ten years. Noel Anderson explained the history of the project and the need to change the completion date. Resolution adopted and upon approval by Mayor assigned No. 2020-705. 159103 - Klein/Grieder Page 13 of 158 September 14, 2020 Page 7 that"Resolution approving an amendment to the Development and Minimum Assessment Agreement with Warren Transport, Inc., originally executed on November 18,2019, changing completion date to April 30,2022,and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned if Warren Transport, Inc. has provided a start date for the project. Noel Anderson commented that he does not have the exact date but that they plan to start in spring and finishing up in the calendar year 2021. Resolution adopted and upon approval by Mayor assigned No. 2020-706. 159104 - Amos/Morrissey that"Resolution approving construction plans for grading and street construction,water main, sanitary sewer and storm sewer serving the Gardner Addition, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and the final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-707. 159105 - Amos/Morrissey that "Resolution approving Agreement with RC Systems of Waterloo, Iowa, to provide and install a Salient Video Management System, in the amount of$78,410.86, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-708. ADJOURNMENT 159106 - Morrissey/Klein that the Council adjourn at 6:15 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 14 of 158 CITY Ow WATERLOO IOWA PROCLAMATION WHEREAS, Disabled American Veterans (DAV) was founded b World War I veterans Brans on September 25, 1920, and was chartered by an Act of Congress on June 17, 1932; and R(HEW..ASJP in 2020, DAV celebrates 100 years of servingveterans of the Armed Forces, s, their families and survivors, and communities; and X(HEUAS, DAV is dedicated to a single purpose: empowering veterans to lead high- quality quality lives with respect and dignity: and WIREREM, DAV accomplishes this by ensuringveterans and their families have access ess to the full range of benefits available to them, by fighting for the interests of America's injured heroes, and by educating the public about the needs of veterans transitioning back to civilian life; and WHEREAS, DAV provides free, professional assistance to veterans and their families in obtaining benefits and services provided by the United States Department of Veterans Affairs and other agencies; and WHEREAS, DAV also provides outreach concerningits programs and services t P g rams o the American people generally, and to disabled veterans and their families specifically; and WHEREAS, DAV represents the interests of disable veterans their families, their widowed spouses and their orphans before the federal government, as well as state and local governments; and WHEREMS, DAV has fought tirelessly fore equal access to critical VA caregiver q g benefits and services for severely disabled veterans of all generations, resulting in legislation to expand eligibility to those injured prior to September 11, 2001, as part of the VA MISSION Act: NOW, THEUXO$E, I, Mayor Quentin Hart, do hereby recognize September 25, 2020 as: DISABLED AMEPJCAN VtIVIMS DAY In Waterloo,Iowa,and commend its observance to all citizens. IN NESS IYHM0F, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa to be affixed this 21s'day of September 2020. ATTEST: elley Felc leQuentin Hart City Clerk Mayor Page 15 of 158 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, form of contract, etc., in conjunction with the rental of one(1) and/or two (2)motor graders to support snow removal operations, setting date of bid opening as October 8, 2020 and date of public hearing as October 12, 2020, and instructing the City Clerk to publish said notice. City Council Meeting: 9/21/2020 Prepared: 9/10/2020 ATTACHMENTS: Description Type ❑ General Specification Backup Material Resolution approving12reliminary specifications. bid documents, form of contract, etc., in conjunction with the rental of one(1) and/or two (2)motor SUBJECT: graders to support snow removal operations, setting date of bid opening as October 8. 2020 and date of public hearing as October 12, 2020, and instructing the City Clerk to publish said notice. Submitted by: Submitted By:Randy Bennett, Public Works Division Manager Recommended Action: Recommend approval. Summary Statement: The need for one(1) and/or two (2)motor graders to support snow operations from November 15, 2020 thru March 15, 2021. Expenditure Required: $60,000.00 Source of Funds: Toad Use Tax- Snow Removal-266-19-7200-1384 Strategy 2.2:Enlist all City departments and staff members in efforts to Policy Issue: promote a safer community. Strategy 3.4:Identify and improvement proven cost and resource saving measures. The City has not needed to purchase additional motor graders for year Background Information: round street maintenance. The rental of motor graders to support snow operations is more cost effective. Page 16 of 158 City of Waterloo General Specifications Winter Rental Program * Rental Program is for the delivery of one (1) and/or two (2) rental Motor Graders for a four-month period from November 15, 2020 through March 15, 2021. General Information: The bid should be for one(1) and/or two(2)Motor Graders, completely serviceable with NEW or LIKE NEW tires,meeting or exceeding the following specifications and equipment requirements. Should be comparable to Deere 770 Series. Bids submitted should include mounted wings. The City of Waterloo,Iowa reserves the right to accept or refect any and all bids. Motor Graders: Specifications to be a minimum 150-180HP variable horsepower, articulated machine in the 30,000 lb+class. Each bid shall be accompanied by submittals of product literature, catalogcuts, etc.that fully picture and describe the unit(s)being bid. The information must be complete enough to allow the City to determine specifications compliance. Successful bidder MUST be able to supply equipment bid for the entire rental period. 1. Engine: a. Net Horsepower Rated: 150— 180 b. Minimum Torque: 450—550 c. Diesel d. 6-Cylinder e. Minimum 460 Cubic Inch Displacement f. Automatic Dust Ejector Air Cleaner w/service indicator g. Ether Starting aid 2. Fuel: a. #2 Diesel/B-2 Bio-diesel b. Fuel Priming Pump c. Fuel Filter d. Water Separator 3. Transmission: a. Powershift with direct drive b. 6 Forward Gears Minimum c. 4 Reverse Gears Minimum d. Tow Disconnect e. Inching Pedal f. Single lever control g. Neutral Start/Lock-out 4. GVWR: a. 30,000—35,000 lbs 5. Steering: Page 17 of 158 a. Hydraulic b. Front Steer Plus Articulated 6. Front Axle: a. 30 Degree Oscillation Minimum b. 18 Degree Wheel Lean(Minimum 7. Rear Axle: a. Tandem Axles b. Chain Drive c. Lock/Unlock 8. Frame: a. Welded Box b. Articulated to allow for: i. Straight frame steer ii. Articulated steer iii. Crab steer c. 102 Lb/Ft Liner Weight (Minimum) d. 115 Cu.in. vertical section modulus (Minimum) 9. Brakes: a. Differential housing wet, multiple disk brake system 10. Electrical System: a. 50 Amp Alternator b. Two (2) 12 Volt 950 CCA Batteries (Minimum) c. Work Lights i. Center 1. Blade 2. Wing ii. Rear d. Directional Lights e. Stop and Tail Lights f. Head Lights g. Rotating Beacon Light i. Break Away Mount ii. Brush Guard h. 24-12 Volt Converter i. Master Battery Disconnect j. Horn k. Back-up Alarm 11. Hydraulics: a. Cab Mounted Controls i. All Main functions console mounted b. Closed Center, Load Sensing c. Variable Displacement Pump Page 18 of 158 i. 400—3500 psi ii. 52 GPM Minimum d. Hydraulic Control Lockout System i. To control cylinder drift e. System/Controls/Valving to provide: i. Right/Left Blade Lift including Float ii. Circle Drive iii. Center Shift iv. Front Wheel Lean v. Articulation vi. Blade side Shift vii. Ripper Function viii. Wing Plow Function 12. Tires/Rims /Bearings/Fenders: a. 14.00—24 i. 10 PR(G2) ii. Traction Tread b. 10"Rims i. Interchangeable F-R ii. One (1) Spare Rim w/Rings c. Front Fenders 13. Cab /Body: a. Rops Cab i. Full Height ii. Sound Suppressed iii. Wipers/Washers 1. Front&Rear 2. Front Lower iv. Left/Right Rearview Mirrors v. Engine Compartment Covers 14. Interior: a. Air Suspension Seat i. 3" Seat Belt b. Heater/Defroster i. Dual Fan ii. Heavy Duty c. Adjustable Control Console d. Open-able Front Lower Doors e. Hand Throttle f. Inside Rearview Mirror g. Joy Stick Control h. Rubber Floor Mat 15. Instruments/Gauges/Monitoring System: Page 19 of 158 a. Hour Meter b. Voltmeter c. Water Temp Gauge d. Brake Pressure Gauge e. Oil Pressure Gauge f. Hydraulic Oil Filter Restriction Warning g. Locking Pin Disengaged Warning h. Transmission Oil filter Restriction Warning i. Transmission Oil Temperature Gauge j. Differential Lock Engaged k. Fuel Gauge 1. Articulation Indicator in. Air Cleaner Restriction Warning 16. Mounted Systems: a. 14 foot Mold Board i. No Extensions ii. Hydraulic Side Shift b. Rear Ripper i. 3 Tooth Minimum c. Wing Plow i. 12 foot Mold Board ii. Hydraulic Raise/Lower iii. Main Mounting Post Must Be Removable iv. Cab Mounted Valving v. Quick Coupler Hydraulic Fittings vi. Rear Pin Hitch 17. Miscellaneous: a. Parts Manual i. Machine ii. Mounted Systems b. Service Manual i. Machine ii. Mounted Systems c. Operators Manual i. Machine ii. Mounted Systems 18. Options: a. Front Function Hydraulics i. Necessary Cylinders ii. Cab Mounted Valving 19. Warranty: Page 20 of 158 20. Delivery: a. State estimated Date of Delivery 21. Number of units: a. One and/or two 22. Bid Price: a. Price Each Unit: (with wing) b. Price for(2)Units: (with wings) Page 21 of 158 (Road Grader General Specifications) Page 22 of 158 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents etc., setting date of bid opening as October 8, 2020 and date of public hearing as October 12, 2020, in conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and instruct the City Clerk to publish said notice. City Council Meeting: 9/21/2020 Prepared: 9/15/2020 ATTACHMENTS: Description Type ❑ Public Hearing Notice Backup Material Resolution approving preliminary specifications, bid documents etc., setting date of bid opening as October 8, 2020 and date of public hearing as SUBJECT: October 12, 2020, in conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager Approve the plans, specifications, etc. and taking of bids and set the date of Recommended Action: bid opening as October 8, 2020 and date of public hearing as October 12, 2020. This project consists of crack repair and color resurfacing of sixteen tennis Summary Statement: courts at the Byrnes Tennis Center. The Byrnes Tennis Center holds numerous regional and state tennis tournaments and local high school meets. Expenditure Required: $75,000 Source of Funds: Leisure Tennis Improvements Bond Funds Policy Issue: This project supports the City of Waterloo Strategic Plan, Strategy 4.5 "Maintain City facilities that support quality of place." Page 23 of 158 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 8th day of October 2020, until 1:00 p.m. for the construction of the FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Second Floor City Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 8t" of October 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 12th day of October 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 3) Plan Room Websites: Master Builders of Iowa website at www.mbionline.com SCOPE OF WORK The extent of the work involved is the repair of cracks and the color resurfacing of sixteen tennis courts located at 1101 Campbell Avenue. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID- 19,elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319- 291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments(a,waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Page 24 of 158 Members of the public may attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 21St day of September 2020. Kelley Felchle, City Clerk CITY OF WATERLOO, IOWA Page 25 of 158 CITY OF WATERLOO Council Communication Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount of$254,230.32, and approving the contract, bonds and certificate of insurance, in conjunction with the Waterloo Regional Airport, Water Main Improvements -Phase I Project, Contract No. 1033, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/21/2020 Prepared: 9/15/2020 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Cont 1033 AECOM award recommendation Cover Memo Resolution approving award of bid to Midwest Concrete. Inc., of Peosta'. Iowa, in the amount of$254.230.32, and approving the contract, bonds and SUBJECT: certificate of insurance, in conjunction with the Waterloo Regional Airport, Water Main Improvements - Phase I Project, Contract No. 1033, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Source of Funds: TIFF Page 26 of 158 Airport Water Main Improvements Project, Contract No. 1033 Bid Tab: September 10, 2020 Bidder Bid Security Total Bid Amount Busy Bee Construction LLC ° $377,178.65 Lewistown, MO 5/o Denver Underground ° 5/o $260,478.80 Denver, IA Vieth Construction Corporation 5% $340,011.50 Cedar Falls, IA Baker Enterprises Inc ° 5/o $287,874.10 Waverly, IA Pirc Tobin Construction Inc 5% $355,417.50 Alburnett, IA Midwest Concrete Inc 5% $254,230.32 Peosta, IA Peterson Contractors Inc 5% $279,842.85 Reinbeck, IA Page 27 of 158 AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax AXOM Suite 222 Waterloo,Iowa 50703 www.aecom.com September 11, 2020 Mr. Wayne Castle, PE City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Subject: Waterloo Regional Airport Water Main Improvements — Phase I City of Waterloo, Iowa AECOM #60633175 Dear Wayne, AECOM reviewed the bids submitted for the Waterloo Regional Airport Water Main Improvements -- Phase I project on Friday, September 11, 2020. There were seven bids received. Midwest Concrete Inc., of Peosta, Iowa, is the apparent low bidder and has met requirements of the Instructions to Bidders. AECOM recommends that the City of Waterloo award the Waterloo Regional Airport Water Main Improvements - - Phase I contract to Midwest Concrete Inc., of Peosta, for the contract price of$254,230.32. Yours sincerely, Z Ross A. Hillsman, PE Enclosure: Waterloo Regional Airport Water Main Improvements -- Phase I Bid Tab Dated 09/10/2020 P:\60633175\000_Pre_Contract\2020.09_Ai rportW M_Ph 1_Bid Recl-tr.docx Page 28 of 158 CITY OF WATERLOO Council Communication Resolution approving request of James Woodard for a waiver for a concrete driveway, located at Parcel ID 8912-19-304-007(lot south of 235 Lewis Street), and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 9/21/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ DW Waiver 8915219304007(S of 235 Lewis) Backup Material Resolution approving request of James Woodard for a waiver for a concrete SUBJECT: driveway, located at Parcel ID 8912-19-304-007 (lot south of 235 Lewis Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of--way on an unimproved street. Submitted by: Submitted By:Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. Recommended Action: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: SHILLIAMS FOURTH ADDITION LOT 3 BLK 3 Page 29 of 158 WAIVER LZ 0 20 Honorable Mayor and City Council City Hall Waterloo, lA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a 3� _. driveway or sidewalk located at concrete or asphalt) - (Address) This waiver is needed because of., special surface texture to be used on the concrete approach (i.e.,exposed aggregate, brick stamped pattern,paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on city right-of-way on an unimproved street. Other: I agree to the following; 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed,to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. f 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver Is for this.property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, e J J 00 Printed Name of Property Owner Sick tore of Property Owner CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Service Roofing, of Waterloo, Iowa, at a total cost of$239,500, in conjunction with the Fire Station No. 1 Roof Replacement Project, and authorizing the Mayor to execute said documents. City Council Meeting: 9/21/2020 Prepared: 9/14/2020 Resolution approving Completion of Project and Recommendation of Acceptance of Work. for work performed by Service Roofing of Waterloo, SUBJECT: Iowa. at a total cost of$239.500, in conjunction with the Fire Station No. 1 Roof Replacement Project, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Service Roofing Company has completed the above referenced project in accordance with the plans and specifications. Page 31 of 158 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Henkel Construction Company, of Mason City, Iowa, in the amount of$253,406.20, in conjunction with the 5 Sullivan Brothers Convention Center Kitchen Improvement Project, and authorizing the Mayor to execute said documents. City Council Meeting: 9/21/2020 Prepared: 9/15/2020 Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Henkel Construction SUBJECT: Company, of Mason City, Iowa, in the amount of$253,406.20L conjunction with the 5 Sullivan Brothers Convention Center Kitchen Improvement Project, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Henkel Construction Company has completed the above referenced project in accordance with the plans and specifications. Page 32 of 158 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 5, 2020 on the proposed reallocation of not to exceed $250,000 Unspent Proceeds of the General Obligation Bonds, Series 201813, and instruct the City Clerk to publish notice. City Council Meeting: 9/21/2020 Prepared: 9/17/2020 Resolution setting date of public hearing as October 5, 2020 on the SUBJECT: proposed reallocation of not to exceed $250.000 Unspent Proceeds of the General Obligation Bonds, Series 2018B, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Michelle C. Weidner, Chief Financial Officer Planning has requested that we modify the hearing authority for the taxable bonds that were issued in the spring of 2018 to provide for the purchase of Summary Statement: residential property for resale and also for the acquisition of property for commercial development. This action does not increase the amount of indebtedness. It simply provide for hearing authority for these purchases. Page 33 of 158 CITY OF WATERLOO Council Communication Resolution approving renewal of Crime and Fidelity insurance effective September 15, 2020, in the amount of $3,663. City Council Meeting: 9/21/2020 Prepared: 9/17/2020 SUBJECT: Resolution approving renewal of Crime and Fidelity insurance effective September 15, 2020, in the amount of$3.663. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 34 of 158 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 414 Forest Avenue, in the amount of$1,572.36 and 120 Hawthorne Avenue, in the amount of$144.42, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 9/21/2020 Prepared: 9/18/2020 Resolution approving cancellation of assessment for 414 Forest Avenue. in SUBJECT: the amount of$1.572.36 and 120 Hawthorne Avenue, in the amount of $144.42, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By:Kelley Felchle, City Clerk Summary Statement: These properties were assessed in error. Owners paid in full. Page 35 of 158 CITY OF WATERLOO Council Communication Motion approving Change Order No. 5 from Peters Construction Corporation of Waterloo, Iowa, for a net increase of$16,376.41, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 9/21/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type Change Order#5 - 5 Sullivan Bros Exhibition Hall Backup Material Ceiling Renovation Motion approving Change Order No. 5 from Peters Construction Corporation of Waterloo, Iowa, for a net increase of$16.376.41, m SUBJECT: conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Provide and install(4) 1000 lb. electric winches; install(4) 120 volt outlets in Summary Statement: ceiling from panel P 1. Each outlet on a dedicated circuit and install(4) control stations in crows nest. Expenditure Required: $16,376.41 Page 36 of 158 � r z bAIA Document G701 - — 2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFOR TIONi 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Num er;005 Exhibit Hall Ceiling Renovation, Project No: 19-23188 Waterloo,IA. Date:May 07,2020 Date:September 15,2020 OWNER:(Name and address) ARCHITECT:(Nance and address) CONTRACTOR:()Vame and address) City of Waterloo I&S Group,Inc.(ISG) Peters Construction Corporation 715 Mulberry Street 314 East 4th Street 901 Black Hawk Road Waterloo,IA 50703 Waterloo,IA 50703 PO Box 2940 Waterloo,IA 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. CR 07: Cost to make the following changes: Provide and install(4) 120-volt,6.6 fpm, 10001b electric winches;install(4) 120-volt outlets in ceiling from panel P 1. Each outlet on dedicated circuit;install(4)control stations in crows nest..........................Add$16,376.41 REDUCE SPECIFIED GENERAL ALLOWANCE FROM$4,639.08 TO ZERO. INCREASE CONTRACT SUM BY$11,737.33. The original Contract Sum was $ 939,810.00 The net change by previously authorized Change Orders $ 0.00 The Contract Stun prior to this Change Order was $ 939,810.00 The Contract Sum will be increased by this Change Order in the amount of $ 11,737.33 The new Contract Sum including this Change Order will be $ 951,547.33 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion wilt be September 25,2020. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Peters Construction Corporation City of Waterloo ARC ITECT(Firm name) CO RACTOR(Firm name) OWNER(Firm name) SIGNATURE SIGNATURE SIGNATURE Nathan Compton,Architect/Project Bradley Best,President Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED N ME AND TITLE PRINTED NAME AND TITLE ��xSeptember 15,2020 i ?-2--7- DATE DATE DATE AIA Document G7011'—2017.Copyright @ 1979,1967,2000,2001 and 2017 by The American institute of Architects.All rights reserved.The'Ameriran Inslituto of Architects:"AIA,"the AIA Logo,and"AIA(intrad imutvnenw'are registered trademarks and may stet be used without permission.This document � was produced by AIA software at 11:50:44 CT on 0911512020 under Order No.0114132283 which expires on 07/1212021,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@sia.org. User Notes: (3B9ADA3F) Page 37 of 158 CITY OF WATERLOO Council Communication Motion to accept and place on file the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2015A. City Council Meeting: 9/21/2020 Prepared: 9/11/2019 ATTACHMENTS: Description Type ❑ Arbitrage Results 2015A Council Comm Backup Material ❑ Berens Tate Arbitrage Results 2015A Backup Material Motion to accept and place on file the arbitrage test results reflecting that no SUBJECT: payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2015A. Submitted by: Submitted By:Michelle Weidner. Chief Financial Officer Summary Statement: The report indicates that no arbitrage rebate or penalty is due to the Internal Revenue S ervic e at this time. Expenditure Required: None. Policy Issue: Arbitrage testing is required in order to maintain the tax-exempt status of the City's bond issues. We received positive information in that the City does not owe any arbitrage rebate or penalty to the Internal Revenue Service for these issues. The tax- exempt status of the issues is maintained, therefore protecting the City from Background Information: potential liability from any bondholders. Internal Revenue Service regulations require that the City make periodic determinations that no arbitrage rebate or penalty is owed to the Internal Revenue Service when tax-exempt bonds are issued. This testing is required at each 5-year interval that bond proceeds are unspent and also once the proceeds are completely spent. Page 38 of 158 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor QUENTIN HART Council Communication City Council Meeting: September 21, 2020 Prepared: September 16, 2020 COUNCIL MEMBERS Dept. Head Signature: Michelle Weidner ".'. Number of Attachments: 1 TOM POWERS SUBJECT: General Obligation Bonds Arbitrage Testing Results Ward I BRUCE Submitted by: Michelle Weidner, Chief Financial Officer JACOBS Ward 2 Recommended City Council Action: I recommend that the City Council accept PATRICK and place on file the arbitrage test results reflecting that no payment is due to the MORRISSEY Internal Revenue Service for the general obligation bonds Series 2015A. Ward 3 JERSummary Statement: The report indicates that no arbitrage rebate or AMos,JR.OME penalty is due to the Internal Revenue Service at this time. Ant Ward 4 Expenditure Required: None RON WELPER Source of Funds: N/A Ward S TOM Policy Issue: Arbitrage testing is required in order to maintain the LIND tax-exempt status of the City's bond issues. At-Large Alternative: None STEVE SCHMITT Background Information: We received positive information in that the City At-Large does not owe any arbitrage rebate or penalty to the Internal Revenue Service for these issues. The tax-exempt status of the issues is maintained, therefore protecting the City from potential liability from any bondholders. Internal Revenue Service regulations require that the City make periodic determinations that no arbitrage rebate or penalty is owed to the Internal Revenue Service when tax- exempt bonds are issued. This testing is required at each 5-year interval that bond proceeds are unspent and also once the proceeds are completely spent. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 39 of 158 BERENS-TATE CONSULTING GROUP SPECIALIZING IN TAX- EXEMPT BOND SERVICES July 31, 2020 Michelle Weidner City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Michelle: Enclosed is the arbitrage rebate report for the $12,455,000 General Obligation Bonds, Series 2015A The report is through May 31,2020,the five year installment date,and shows that no yield reduction payment is required and there were no positive arbitrage rebate earnings. Therefore, no payment is due and no filing with the Internal Revenue Service is necessary. No further computations are necessary as long as the Bond Fund is operated as described in the Tax Exemption Certificate and no additional gross proceeds arise. Please feel free to call me with any questions or comments. Sincerely, /11 D . Chris D. Berens Enclosure 10050 REGENCY CIRCLE/SUITE 110 OMAHA,NEBRASKA 68114 • (402)391-6188 • FAX(402) 391-9037 • WWW.BERE '1`A .p, 0 of 158 BERENS-TATE CONSULTING GROUP SPECIALIZING IN TAX- EXEMPT BOND SERVICES July 31, 2020 Michelle Weidner City of Waterloo 715 Mulberry Street Waterloo, IA 50703 RE: City of Waterloo Black Hawk County, Iowa $12,455,000 General Obligation Bonds Series 2015 Dear Ms. Weidner: The City of Waterloo("City")has requested that we prepare certain computations related to the above bonds ('Bonds") from June 29, 2015, the issue date of the Bonds, through May 31, 2020, ("Computation Period"). The scope of our engagement consisted of preparing computations to determine the rebate amount for the Bonds for the Computation Period under Section 148(f) of the Internal Revenue Code(as amended, and Final Regulations promulgated thereunder) and this report is not to be used for any other purpose. In order to prepare these computations, the City provided us with certain closing documents for the Bonds,bond proceeds and withdrawal detail,and investment information. The attached exhibits were prepared using the aforementioned information, as described in the Summary of Computational and Source Information. In our opinion, the computations contained in the attached exhibits that were prepared using the information provided,are mathematically accurate. In the attached exhibits,the computations reflect for the Computation Period that no yield reduction payment is required and there were no positive arbitrage rebate earnings. Therefore, no payment is due and no filing with the Internal Revenue Service is necessary. No further computations are necessary as long as the Bond Fund is operated as described in the Tax Exemption Certificate and no additional gross proceeds arise. We have no obligation to update this report because of events occurring, or information coming to our attention, subsequent to the date of this report. Very truly yours, BERENS-TATE CONSULTING GROUP /11 Chris D. Berens 10050 REGENCY CIRCLE/SUITE 110 OMAHA,NEBRASKA 68114 • (402)391-6188 • FAx(402) 391-9037 • WWW.BERE '1`A .p, 1 of 158 CITY OF WATERLOO ARBITRAGE REBATE REPORT TABLE OF CONTENTS EXHIBIT Summary of Computational and Source Information A Arbitrage Rebate Report(Summary) B Future Value Report(Detail Calculation) C Notes to the Report D Page 42 of 158 EXHIBIT A CITY OF WATERLOO SUMMARY OF COMPUTATIONAL AND SOURCE INFORMATION COMPUTATIONAL INFORMATION 1. The issue date of the Bonds is June 29, 2015. 2. Computation of the bond yield and future values are based upon a 30-day month,360- day year, and semiannual compounding. 3. The initial offering price of the Bonds is $12,748,305.80 ($12,455,000 par plus $293,305.80 original issue premium). 4. For cash flow and yield computation purposes,all payments and receipts are assumed to be paid or received,respectively, as shown in the attached schedules. SOURCE INFORMATION The information used to complete the rebate calculation was obtained from the following sources: BOND DETAIL SOURCE Issue date IRS Form 8038-G Amounts and payment dates of principal and interest Official Statement Initial offering price IRS Form 8038-G Deposit and withdrawal of bond proceeds Statements provided by the City INVESTMENTS Detail of all investment transactions Statements provided by the City Page 43 of 158 EXHIBIT B City of Waterloo, Black Hawk County, Iowa $12,455,000 General Obligation Bonds Series 2015A Arbitrage Rebate Report Computation Yield on Payment Amount Cumulative FV Rebate Date Issue Date Paid Arbitrage Payments Amount 05/31/2020 2.80538467% ($673,318.13) $0.00 ($673,318.13) Page 44 of 158 EXHIBIT C City of Waterloo, Black Hawk County, Iowa $12,455,000 General Obligation Bonds Series 2015A Future Value Report As of May 31,2020 Computation Future Values @ Cumulative Investment Receipt 2.80538467% Arbitrage Yield Project Fund $0.00 ($664,321.77) ($664,321.77) 0.71267921% 261 cashflows Computation Credit 0.00 (8,996.36) (8,996.36) 5 cashflows Total $0.00 ($673,318.13) ($673,318.13) Date Project Fund Computation Credit Periods 06/29/2015 ($12,669,009.55) 9.84444444 06/29/2015 12.84 9.84444444 07/01/2015 (12.84) 9.83333333 07/27/2015 12.84 9.68888889 08/03/2015 6,754.62 9.65555556 08/10/2015 12,613.20 9.61666667 08/17/2015 161.81 9.57777778 08/24/2015 16,799.70 9.53888889 09/08/2015 74,889.90 9.46111111 09/14/2015 1,460.00 9.42777778 09/21/2015 11,490.47 9.38888889 09/28/2015 35,023.00 9.35000000 09/30/2015 2,676.00 9.33333333 10/05/2015 9,574.73 9.31111111 10/12/2015 48,909.82 9.27222222 10/19/2015 6,585.75 9.23333333 10/26/2015 2,449.36 9.19444444 11/02/2015 768.00 9.16111111 11/09/2015 86,945.04 9.12222222 11/23/2015 38,406.32 9.04444444 12/07/2015 249,773.05 8.96666667 12/14/2015 92,085.64 8.92777778 12/21/2015 60,693.61 8.88888889 12/31/2015 2,060.03 8.83333333 Page 45 of 158 EXHIBIT C Date Project Fund Computation Credit Periods 01/04/2016 101,619.50 8.81666667 01/11/2016 54,364.24 8.77777778 01/19/2016 19,896.37 8.73333333 01/25/2016 62,214.37 8.70000000 02/01/2016 20,151.09 8.66666667 02/08/2016 22,699.39 8.62777778 02/15/2016 26,227.16 8.58888889 02/22/2016 152,926.64 8.55000000 02/29/2016 3,850.00 8.50000000 03/07/2016 22,395.03 8.46666667 03/14/2016 5,503.12 8.42777778 03/21/2016 124,213.00 8.38888889 03/28/2016 6,460.95 8.35000000 04/04/2016 24,673.28 8.31666667 04/11/2016 68,990.72 8.27777778 04/18/2016 42,295.62 8.23888889 04/25/2016 56,300.75 8.20000000 04/30/2016 (75,276.70) 8.16666667 05/02/2016 57,648.95 8.16111111 05/09/2016 139,885.70 8.12222222 05/16/2016 34,169.53 8.08333333 05/23/2016 101,929.30 8.04444444 05/31/2016 5,356.00 8.00000000 06/06/2016 134,579.94 7.97222222 06/13/2016 443,513.04 7.93333333 06/20/2016 84,208.54 7.89444444 06/27/2016 251,069.35 7.85555556 06/30/2016 47,640.55 7.83333333 06/30/2016 (24.16) 7.83333333 07/11/2016 66,165.35 7.77777778 07/18/2016 169,064.03 7.73888889 07/25/2016 393,390.07 7.70000000 07/31/2016 (1,887.75) 7.66666667 07/31/2016 10.88 7.66666667 08/01/2016 43,558.44 7.66666667 08/08/2016 115,265.65 7.62777778 08/15/2016 77,324.16 7.58888889 08/22/2016 317,082.14 7.55000000 08/31/2016 (5,896.65) 7.50000000 08/31/2016 8.26 7.50000000 09/06/2016 264,894.77 7.47222222 09/12/2016 84,917.96 7.43888889 Page 46 of 158 EXHIBIT C Date Project Fund Computation Credit Periods 09/19/2016 14,855.95 7.40000000 09/26/2016 142,534.80 7.36111111 09/30/2016 1.84 7.33333333 10/03/2016 104,913.75 7.32222222 10/10/2016 21,449.87 7.28333333 10/17/2016 96,106.50 7.24444444 10/24/2016 85,904.88 7.20555556 10/31/2016 (47,540.10) 7.16666667 10/31/2016 (2.16) 7.16666667 11/07/2016 133,996.82 7.13333333 11/14/2016 33,378.64 7.09444444 11/21/2016 71,693.09 7.05555556 11/28/2016 71,644.18 7.01666667 11/30/2016 (4,777.50) 7.00000000 11/30/2016 5.34 7.00000000 12/05/2016 48,240.73 6.97777778 12/12/2016 27,376.88 6.93888889 12/19/2016 155,468.45 6.90000000 12/31/2016 531.00 6.83333333 12/31/2016 (16,324.25) 6.83333333 12/31/2016 (11.40) 6.83333333 01/03/2017 189,750.25 6.82222222 01/09/2017 75,451.78 6.78888889 01/17/2017 42,739.25 6.74444444 01/23/2017 45,631.40 6.71111111 01/31/2017 7,071.02 6.66666667 01/31/2017 11.40 6.66666667 02/06/2017 311,531.33 6.63888889 02/20/2017 29,297.68 6.56111111 02/27/2017 56,288.80 6.52222222 02/28/2017 19,076.65 6.50000000 02/28/2017 (4.54) 6.50000000 03/06/2017 22,438.08 6.47222222 03/13/2017 15,023.51 6.43333333 03/20/2017 114,385.06 6.39444444 03/27/2017 31,187.93 6.35555556 03/31/2017 (1,303.48) 6.33333333 03/31/2017 4.54 6.33333333 04/03/2017 40,821.93 6.32222222 04/10/2017 95,645.73 6.28333333 04/17/2017 33,175.02 6.24444444 04/24/2017 22,413.42 6.20555556 Page 47 of 158 EXHIBIT C Date Project Fund Computation Credit Periods 05/01/2017 4,000.00 6.16666667 05/08/2017 13,565.79 6.12777778 05/15/2017 17,793.56 6.08888889 05/22/2017 75,964.64 6.05000000 05/31/2017 (1.97) 6.00000000 06/05/2017 66,331.36 5.97777778 06/12/2017 13,425.99 5.93888889 06/19/2017 11,559.22 5.90000000 06/26/2017 20,071.45 5.86111111 06/30/2017 (42.52) 5.83333333 06/30/2017 (1.00) 5.83333333 07/10/2017 49,497.43 5.78333333 07/17/2017 16,383.93 5.74444444 07/24/2017 142,381.80 5.70555556 07/31/2017 (8,791.13) 5.66666667 08/07/2017 9,988.96 5.63333333 08/14/2017 153,715.25 5.59444444 08/21/2017 36,195.67 5.55555556 08/28/2017 14,721.01 5.51666667 08/31/2017 27,514.86 5.50000000 09/11/2017 4,282.71 5.44444444 09/18/2017 239,583.92 5.40555556 09/25/2017 155,802.25 5.36666667 09/30/2017 353,635.85 5.33333333 10/02/2017 13,643.04 5.32777778 10/09/2017 46,721.19 5.28888889 10/16/2017 1,592.98 5.25000000 10/23/2017 30,781.75 5.21111111 10/31/2017 (3,835.99) 5.16666667 11/06/2017 19,002.46 5.13888889 11/13/2017 71,300.20 5.10000000 11/20/2017 2,029.50 5.06111111 11/27/2017 13,374.46 5.02222222 11/30/2017 39,459.45 5.00000000 12/04/2017 3,826.56 4.98333333 12/11/2017 75,276.04 4.94444444 12/18/2017 11,593.61 4.90555556 12/31/2017 (800.00) 4.83333333 12/31/2017 (5,772.34) 4.83333333 01/02/2018 1,591.25 4.82777778 01/08/2018 15,217.25 4.79444444 01/16/2018 21,086.30 4.75000000 Page 48 of 158 EXHIBIT C Date Project Fund Computation Credit Periods 01/22/2018 3,733.74 4.71666667 02/05/2018 2,507.50 4.64444444 02/12/2018 2,275.83 4.60555556 02/19/2018 25,626.35 4.56666667 02/26/2018 4,635.00 4.52777778 03/12/2018 3,809.84 4.43888889 03/19/2018 2,291.51 4.40000000 03/26/2018 680.41 4.36111111 04/02/2018 60,503.69 4.32777778 04/09/2018 1,584.66 4.28888889 04/16/2018 13,726.47 4.25000000 04/30/2018 30,902.02 4.16666667 04/30/2018 (2,793.30) 4.16666667 05/07/2018 7,137.71 4.13333333 05/14/2018 16,833.67 4.09444444 05/21/2018 7,300.00 4.05555556 05/29/2018 60,072.49 4.01111111 05/31/2018 (7,300.00) 4.00000000 06/11/2018 63,110.84 3.94444444 06/18/2018 2,242.58 3.90555556 06/25/2018 66,112.45 3.86666667 06/30/2018 (51,569.37) 3.83333333 07/02/2018 1,297.95 3.82777778 07/09/2018 45,991.63 3.78888889 07/16/2018 112.50 3.75000000 07/30/2018 48,133.68 3.66666667 08/06/2018 547.28 3.63888889 08/13/2018 57,185.32 3.60000000 08/27/2018 82,440.69 3.52222222 08/31/2018 2,430.00 3.50000000 09/04/2018 913.81 3.48333333 09/10/2018 49,111.19 3.45000000 09/17/2018 6,894.81 3.41111111 09/24/2018 55,952.19 3.37222222 09/30/2018 4,667.35 3.33333333 10/01/2018 3,001.62 3.33333333 10/08/2018 41,235.19 3.29444444 10/15/2018 4,666.06 3.25555556 10/22/2018 15,124.16 3.21666667 11/05/2018 7,074.58 3.14444444 11/13/2018 11,745.93 3.10000000 11/26/2018 36,359.00 3.02777778 Page 49 of 158 EXHIBIT C Date Project Fund Computation Credit Periods 11/30/2018 36,702.63 3.00000000 12/10/2018 7,414.92 2.95000000 12/17/2018 715.00 2.91111111 12/31/2018 123,657.59 2.83333333 01/07/2019 32,621.26 2.80000000 01/14/2019 2,342.71 2.76111111 01/22/2019 211,897.15 2.71666667 01/31/2019 (16,620.00) 2.66666667 02/04/2019 16,950.66 2.65000000 02/11/2019 13,215.70 2.61111111 02/18/2019 37,142.23 2.57222222 02/25/2019 29,043.60 2.53333333 03/04/2019 116.65 2.48333333 03/11/2019 1,128.97 2.44444444 03/18/2019 715.00 2.40555556 03/25/2019 76,385.01 2.36666667 04/01/2019 6,879.53 2.33333333 04/15/2019 166,761.14 2.25555556 04/22/2019 970.18 2.21666667 04/30/2019 172.40 2.16666667 05/06/2019 39,477.14 2.13888889 05/13/2019 40,274.40 2.10000000 05/20/2019 3,898.80 2.06111111 05/28/2019 188,247.65 2.01666667 06/03/2019 2,848.89 1.98888889 06/10/2019 56,552.28 1.95000000 06/17/2019 14,472.54 1.91111111 06/24/2019 72,855.39 1.87222222 06/30/2019 706.83 1.83333333 07/01/2019 (4,418.78) 1.83333333 07/01/2019 12,029.67 1.83333333 07/08/2019 23,351.45 1.79444444 07/15/2019 2,125.96 1.75555556 07/22/2019 34,572.99 1.71666667 07/31/2019 (12,055.67) 1.66666667 08/05/2019 7,838.22 1.64444444 08/12/2019 70,892.71 1.60555556 08/26/2019 70,222.43 1.52777778 08/31/2019 365,602.84 1.50000000 09/03/2019 490,935.33 1.48888889 09/09/2019 26,444.67 1.45555556 09/16/2019 31,145.32 1.41666667 Page 50 of 158 EXHIBIT C Date Project Fund Computation Credit Periods 09/23/2019 19,354.92 1.37777778 10/07/2019 113,101.30 1.30000000 10/14/2019 15,100.00 1.26111111 10/21/2019 11,982.29 1.22222222 10/28/2019 34,533.76 1.18333333 11/12/2019 17,882.83 1.10555556 11/18/2019 22,910.90 1.07222222 11/25/2019 49,045.75 1.03333333 11/30/2019 (566.65) 1.00000000 12/02/2019 65,918.47 0.99444444 12/09/2019 168,132.80 0.95555556 12/16/2019 41,390.65 0.91666667 12/31/2019 (19,899.35) 0.83333333 01/06/2020 11,271.66 0.80555556 01/13/2020 2,708.70 0.76666667 01/21/2020 21,941.08 0.72222222 01/27/2020 32,540.41 0.68888889 02/04/2020 66,807.42 0.65000000 02/10/2020 213,121.93 0.61666667 02/17/2020 440.04 0.57777778 02/24/2020 691,145.52 0.53888889 02/28/2020 (115,511.72) 0.51666667 03/02/2020 95,274.00 0.49444444 03/09/2020 9,050.99 0.45555556 04/06/2020 8,044.46 0.30555556 04/13/2020 395.88 0.26666667 04/27/2020 38,584.74 0.18888889 05/31/2016 ($1,650.00) 8.00000000 05/31/2017 (1,670.00) 6.00000000 05/31/2018 (1,700.00) 4.00000000 05/31/2019 (1,730.00) 2.00000000 05/31/2020 (1,760.00) 0.00000000 $207,497.93 1 ($8,510.00) Page 51 of 158 EXHIBIT D CITY OF WATERLOO NOTES TO THE REPORT 1. The bond year end may be chosen by the City, but must fall within 365 days of the bond delivery date. We used May 31St as the bond year end. 2. No provision has been made in this report for any debt service fund. Under Section 1.148- (3)(k)of the Treasury Regulations,a"bona fide debt service fund" for bonds issued after June 30, 1993,is not subject to rebate if the average annual debt service on the corresponding bonds is less than$2,500,000. It appears this provision applies to the Bonds. 3. Purchase and sale prices of all investments are assumed to be at fair market value, exclusive of administrative or similar expenses, and representative of an arm's length transaction which did not artificially reduce the rebate amount for the Bonds. We did not analyze the investment purchases or sales to determine if they were completed at fair market value. In addition, we have undertaken no responsibility to review the tax exempt status of interest on the Bonds. Page 52 of 158 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 from Aspro, Inc., of Waterloo, Iowa, for a net increase of $115,205.27, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/21/2020 Prepared: 9/1/2020 ATTACHMENTS: Description Type ❑ Change Order Backup Material Motion approving Change Order No. 2 from Aspro, Inc., of Waterloo, SUBJECT: Iowa, for a net increase of$115,205.27, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Recommended Action: Approve change order. This change order is to address the asphalt pavement repair required at E. Summary Statement: Ridgeway Ave. and Hammond Ave. as the result of the diesel fuel spill from the Kwik Star tanker incident on Thursday,August 20, 2020. Source of Funds: Initially from Local Options Sales Tax funds with intent to pursue recovery of change order cost from Kwik Star's insurance Page 53 of 158 CITY OF WATERLOO IOWA CHANGE ORDER No. 2 PROJECT: F.Y. 2020 ASPHALT OVERLAY PROGRAM CONTRACT NO. 992 Date Prepared: September 17,2020 AMOUNT: $115,205.27 INCREASE TO: ASPRO INC. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated July 20, 2020. A. Description of change to be made or extra work to be done: 2001 Pavement, HMA, 2.5" High Traffic (HT) Surface, 112", PG 58-28H, No Friction 2002 HMA Pavement Samples and Testing 2003 Pavement Scarification 2004 Painted Pavement Markings, Solvent 1 Waterbourne 2005 Precut Symbols & Legends 2006 Temporary Traffic Control 2007 Disposal of Removed Asphalt 2008 Mobilization B. Reason for ordering change or extra work: All items on Change Order#2 are items to address HMA repair to E. Ridgeway Avenue and Hammond Avenue pavements affected by spilled diesel from the Kwik Star tanker truck incident on Thursday, August 20, 2020. Diesel fuel dissolves the asphalt binder and is currently affecting the pavement surface. Core samples taken by the Engineering Department at various locations in the affected area indicate that the diesel has been absorbed into the existing surface layer. Recommendations from the Asphalt Paving Association of Iowa (APAI) and Aspro are to remove and replace the affected material. Aspro's recommendation is to remove the surface layer(2") and mill 112" into the upper portion of the intermediate layer, reapply a layer tack coat, and then place a 2-112" surface layer. This will remove the contaminated asphalt and restore the roadways to acceptable condition. The removed contaminated material is not reusable for HMA pavements or shouldering material and must be properly disposed. Aspro has made arrangements to dispose the removed material at the Black Hawk County Landfill, C. Settlement for cost of work to be made as follows: Bid Item Unit Est.Qty. Unit Price Total Bid Price 2001 TON 526.95 $ 133.80 $ 70,505.91 2002 LS 1.0 $ 500.00 $ 500.00 2003 SY 3665.8 $ 6.95 $ 25,477.31 2004 STA 21.72 $ 55.00 $ 1,194.60 2005 EACH 2.0 $ 500.00 $ 1,000.00 2006 LS 1.0 $ 6,800.00 $ 6,800.00 { 2007 TON 527.0 $ 9.35 $ 4,927.45 2008 LS 1.0 $ 4,800,00 $ 4,800.00 $ 11.5,205.27 Change Order No. 2 Contract No. 992 Sheet 1 of 2 Page 54 of 158 TOTAL INCREASE $115, 205.27 BY: ASPRO, INC. _ Mayor Date CONTRACTOR BY. Date TITLE: V ATTEST: City Clerk Date APPROVED: ity Engine6r Da e t i I Change Order No. 2 Contract No. 992 Sheet 2 of 2 Page 55 of 158 CITY OF WATERLOO Council Communication Fireworks Display at the National Cattle Congress for the Hairball Concert on September 26, 2020 from approximately 8:00 p.m. to 10:00 p.m. City Council Meeting: 9/21/2020 Prepared: SUBJECT: Fireworks Display at the National Cattle Congress for the Hairball Concert on September 26, 2020 from approximately 8:00 p.m. to 10:00 p.m. Page 56 of 158 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 9/21/2020 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 9.21.2020 Executive Summary SUBJECT: Bonds. Page 57 of 158 BONDS FOR COUNCIL APPROVAL September 21, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 2445647 MURGIC CONSTRUCTION LLC WATERLOO, IA Page 58 of 158 CITY OF WATERLOO Council Communication Request by Peters Construction, Corp., for a Site Plan Amendment to the"C-2, C-Z" Commercial Conditional Zoning District to allow for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball Avenue. City Council Meeting: 9/21/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ Council Packet Cover Memo ❑ Legal Description Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning SUBJECT: Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approve a request by Peters Construction, Corp.. for a Site Plan Amendment to the"C-2, C-Z" Commercial Conditional Zoning District, for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by Peters Construction for a Site Plan Summary Statement: Amendment in the"C-2, C-Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building plus a 10,175 square foot addition located at 4140 Kimball Avenue. Expenditure Required: None Source of Funds: N/A Strategy 1.3: Ensure that development ready sites exist and realistic, Policy Issue: meaningful incentives are defined to attract new business and support existing businesses. The applicant is requesting a new funeral home in an existing building with a Page 59 of 158 10,175 square foot addition. The request for a site plan amendment would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other commercial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Kimball Avenue, which is a Minor Arterial. There is currently no trail in the area however, the Fisher Avenue trail is planned to be extended past the site in the future. There is currently sidewalks in the area. The area in question has been zoned "C-2, C-Z" Conditional Commercial District since the adoption of Ordinance 3490 on June 23, 1987. Surrounding land uses and their zoning designations are as follows: North— Commercial zoned "C-2, C-Z" Conditional Commercial District, including Farmers State Bank and other commercial users. South—US Highway 20 and vacant land zoned"B-P"Planned Business. East— Kimball Avenue, Commercial and Residential zoned "C-2" Commercial District. West— Commercial zoned "C-2" Commercial District, "R-4"Multiple Residence District and "C-P"Planned Commercial District. No buffers would be required as a part of this request. The applicant will need to submit and execute a landscaping plan for the site during the building permit approval process. The proposed request would not appear to have a negative impact upon drainage in the area. Commercial buildings built between 1999 and 2005, residential buildings built between 1919 and 1975. No portion of the property is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0304F, dated July 18, 2011. Lou Henry Elementary School is located 0.634 miles to the northwest, Hoover Middle School is located 0.697 miles to the northwest, and West High School is located 1.20 miles to the northeast. Bontrager Park is located 0.793 miles to the northeast and Paulson Park is located 0.687 miles to the northwest. There is a 15"storm sewer and overhead wires in Kimball Avenue. The Future Land Use Map designates this area as Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicants are proposing to reuse an existing building at 4140 Kimball Avenue plus construct an addition to allow for a funeral home and crematorium to be located at the site. The property has been zoned "C-2,C-Z" since June 23, 1987.At that time the city did not have planned districts such as "C-P"Planned Commercial Background Information: so the"C-Z"Conditional zoning was used to allow for greater oversite on the development of the area. The existing building has 20,272 square feet of space not including the canopies with the applicant proposing an addition that would bring the total square footage of 30,775 square feet. The building will be remodeled from office space to a funeral home with the additional square footage used for additional office space, meeting space, a garage with car wash area, and a crematory. Page 60 of 158 The applicant is proposing 223 parking spaces. Parking requirements for a funeral home is Fifteen(15)parking spaces or one(1)parking space for each four(4)persons of maximum occupancy of the auditoriums, whichever is greater. The maximum occupant load of the auditoriums is 873, which would require 219 parking spaces therefore the complex will meet the parking requirements. The proposed exterior treatment includes keeping the existing brick and adding a limestone accent band around the entire building. They will also construct a front canopy that will also have limestone bands and benches. The applicants are also proposing to have an illuminated sign along Kimball Avenue however, were currently shown the sign would be in city right-of-way and would require an encroachment agreement, however there are several overhead utilities in close proximity to the proposed sign. A separate application would be required to review any requested encroachment agreement. There are utilities on both sides of the proposed sign and if approved by encroachment agreement and at some point the utilities companies need to remove the sign in order to access those utilities it would be at the risk and expense of the property owner. Staff will discuss this further with the applicant. At their September 1, 2020 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the site plan amendment. Knutson noted during tech that if the applicants are only using their existing hard surfacing for the addition which the site plan shows then they will not need to change their detention. The applicant is not proposing to subdivide the property. Therefore, staff recommends that the request for site plan amendment in the "C-2, C-Z" Commercial Conditional District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Legal Descriptions: TOWER PARK NO 3 LOT 1 Page 61 of 158 September 1,2020 REQUEST: Request by Peters Construction for a Site Plan Amendment in the "C-2, C-Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building plus a 10,175 square foot addition located at 4140 Kimball Avenue. APPLICANT(S): Peters Construction, 901 Black Hawk Road, Waterloo, Iowa 50701 GENERAL The applicant is requesting a new funeral home in an existing DESCRIPTION: building with a 10,175 square foot addition. SURROUNDING The request for a site plan amendment would not appear to LAND USES AND have a negative impact upon the surrounding area as it would IMPACT ON appear to be compatible with other commercial development in NEIGHBORHOOD: the area. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Kimball Avenue, CONDITIONS: which is a Minor Arterial. RELATIONSHIP TO There is currently no trail in the area however, the Fisher RECREATIONAL Avenue trail is planned to be extended past the site in the TRAIL PLAN AND future. There is currently sidewalks in the area. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "C-2, C-Z" Conditional FOR SITE AND Commercial District since the adoption of Ordinance 3490 on IMMEDIATE VICINITY: June 23, 1987. Surrounding land uses and their zoning designations are as follows: North — Commercial zoned "C-2, C-Z" Conditional Commercial District, including Farmers State Bank and other commercial users. South — US Highway 20 and vacant land zoned "B-P" Planned Business. East — Kimball Avenue, Commercial and Residential zoned "C- 2" Commercial District. West — Commercial zoned "C-2" Commercial District, "R-4" Multiple Residence District and "C-P" Planned Commercial District. BUFFERS/ No buffers would be required as a part of this request. The SCREENING/ applicant will need to submit and execute a landscaping plan for LANDSCAPING the site during the building permit approval process. REQUIRED: DRAINAGE: The proposed request would not appear to have a negative impact upon drainage in the area. SPA-4140 Kimball Avenue Page 1 of Page 62 of 158 September 1,2020 DEVELOPMENT Commercial buildings built between 1999 and 2005, residential HISTORY: buildings built between 1919 and 1975. FLOODPLAIN: No portion of the property is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0304F, dated July 18, 2011. PUBLIC /OPEN Lou Henry Elementary School is located 0.634 miles to the SPACES/ SCHOOLS: northwest, Hoover Middle School is located 0.697 miles to the northwest, and West High School is located 1.20 miles to the northeast. Bontrager Park is located 0.793 miles to the northeast and Paulson Park is located 0.687 miles to the northwest. UTILITIES: WATER, There is a 15" storm sewer and overhead wires in Kimball SANITARY SEWER, Avenue. STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as COMPREHENSIVE Commercial. The proposed site plan amendment would be in LAND USE PLAN: conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicants are proposing to reuse an existing building at ZONING 4140 Kimball Avenue plus construct an addition to allow for a ORDINANCE: funeral home and crematorium to be located at the site. The property has been zoned "C-2,C-Z" since June 23, 1987. At that time the city did not have planned districts such as "C- P" Planned Commercial so the "C-Z" Conditional zoning was used to allow for greater oversite on the development of the area. The existing building has 20,272 square feet of space not including the canopies with the applicant proposing an addition that would bring the total square footage of 30,775 square feet. The building will be remodeled from office space to a funeral home with the additional square footage used for additional office space, meeting space, a garage with car wash area, and a crematory. The applicant is proposing 223 parking spaces. Parking requirements for a funeral home is Fifteen (15) parking spaces or one (1) parking space for each four (4) persons of maximum occupancy of the auditoriums, whichever is greater. The maximum occupant load of the auditoriums is 873, which would require 219 parking spaces therefore the complex will meet the parking requirements. The proposed exterior treatment includes keeping the existing brick and adding a limestone accent band around the entire building. They will also construct a front canopy that will also have limestone bands and benches. SPA-4140 Kimball Avenue Page 2 of Page 63 of 158 September 1,2020 The applicants are also proposing to have an illuminated sign along Kimball Avenue however, were currently shown the sign would be in city right-of-way and would require an encroachment agreement, however there are several overhead utilities in close proximity to the proposed sign. A separate application would be required to review any requested encroachment agreement. There are utilities on both sides of the proposed sign and if approved by encroachment agreement and at some point the utilities companies need to remove the sign in order to access those utilities it would be at the risk and expense of the property owner. Staff will discuss this further with the applicant. At their September 1, 2020 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the site plan amendment. TECH REVIEW AND Knutson noted during tech that if the applicants are only using UPDATES their existing hard surfacing for the addition which the site plan shows then they will not need to change their detention. STAFF ANALYSIS — The applicant is not proposing to subdivide the property. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "C-2, C-Z" Commercial Conditional District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA-4140 Kimball Avenue Page 3 of Page 64 of 158 City of Waterloo Planning, Programming and Zoning Commission September 1, 2020 CON D z IPLt nHwt— K Q �,sD zw ¢Cq T gVF AV LINDNER DR_ o O � Ofa _ GLENCOEAE 4 R4 ¢ LEO NAAE0- w LU m OR O m N J W HILLTOP RD TWOODAVE W 0' �� Y S-1 I - Or •� O� 9� /_ )Q �`P u.' 3 J oR-3 _R-3 HILLTOP RD U Z PARK L AVE W �OGP y 0 U of �(if _ R-3 � c�ti? 02 SARATOGADR U yP� COLUMBUS DR - U x a Q --- MEADO LN R-4, P FR.BRUNKEN BLVD R-1 ' f0 HAINES AVE z �_Z W W qR R_2�C-� p-2 __ R R-4 R-4 BARRYINGTON IQ 1 �I x ,yI W �` RA HAEL ST DR d R-3 Q Q w RAVENWOOD RD R_P o > EDGEMONT z z a q o OO'P w p 0 w CHAEL ST AVE g v i» R-J z � �o J J R-4 � Z v F 0 0� a a w a W R-3 LL Q Y N N 0 0 0 R--4 05� z o p a Z 0 o � � vPN T FQ — � R-2 � w w z J O J C-1 C U WILUWOOD RI A�1 p R-3,R-P 3 Z R-2 C-Z- R-4 N J R'2' R-3 � = H PAIGE �P i3 wrc ao O MPIC DR z h 00 \ m R-4 PRAIRIE -t y m 2 Q N DR �i s IE om rn R_4 UTHBROOK �j MEADOW N OT" EXCELSIOR a LN w u L z SO YA DR R-t7 a w C-�1 C-1 CV1,C-Z Y R-4 E. NMARNANACC ESS W.SAN MARNAN DR o F E;-1- E. SAN MARNAN DR C-P2 u I E.SAN M NAN DR y R-4,R-P yti Y C-ZI TO ER PARK DR = vy z w U E.TOWER PARK w DR n A r OWER PA K DR T J -1 FSS C-P C_P z C-2;C-Z a C-2 M tiFR Dq m Le \i 2 R-4ANDERSON WINN ST DR' B-P R-1,C-Z, Y W Q Q Q Y A-1 W.SHAULIS RD E.SHAULIS RD W*N 414o Kimball Avenue E Site Plan Amendment s Peters Construction ,,DDD 500 0 1,000 . . Feel Page 65 of 158 City of Waterloo Planning, Programming and Zoning Commission, September 1, 2020 ---------------- ------------------ - _ 01 4140 Kimball Avenue r r TTTlr ,\ .. ANDER DR J 1 � Q WINN ST l it J 20 _ ¢W N 4140 Kimball Avenue w E Site Plan Amendment s Peters Construction Page 66 of 158 August 11, 2020 +viii♦ RE: 4140 Kimball Ave Site Plan Amendment Application Other Pertinent Information Below you will find additional information related to the application PETERSsubmitted on August 11, 2020. CONSTRUCTION Property will be converted from office space to a funeral home. Building CORPORATION will be expanded to add additional office and meeting space, a garage space including a carwash, and a crematory. Total expansion to be approximately 10,087 sq ft. Drawings: See attached drawings as prepared by INVISION Planning and Architecture and VJ Engineering which include floor plan, elevations, and free-standing signage locations. Stormwater Management Concept: Overall impervious area of site is essentially unchanged. Reduced impervious area, use existing area-wide detention. Relocate storm line south of building. Relocate/reconstruct intake at northeast corner of building. Add area intake southwest of building at bend in relocated storm line. Parking: 285 stalls existing, including 6 handicapped spots. Approximately 223 stalls following renovation with approximately 6-8 handicapped stalls anticipated. Easements: See attached easement agreement dated January 26, 1995. 901 Black Hawk Rd. Waterloo, IA 50701 (Phone) 319-236-2003 (Fax) 319-236-2009 www.peters.build Page 67 of 158 11 LOCKE FUNERAL HOME RENOVATION AND EXPANSION180802 VICINITY MAP - PLANNING, AND ZONING, EXHIBIT 41 40 KIM BALL AVE . �;m e 4 L,xwE. w � � � �•� �xo a = �, ` .ISL rE s �, •�� R a �� olmx Q N WATERLOO , IOWA c 0 4 N T 3 n rtt xor�h Eaua 3 3 s .w o Coo aoo C O 8 s I R O O c \�y L�IL¢x �BAo.D • vi u W. ,w SITE LOCATION � o 20 27 20 �I 6 DIRECTIONAL MONUMENT/SIGN1-- -- _ILLUMINATED SIGN 9At 10 P' �I PE OWNER/DEVELOPER PROPERTY BOUNDARY -' Y 6 PERFORATED HDPE SU3-DRAIN / ExISTINGSIDEWALK; 4 j '_ LOCKE FUNERAL HOME r � � � I � I LOCKE FUNERAL HOME p 30,735 SF o(WITH PROPOSED ADDITION) = FEE=912.84 If „N• - o.w ! -` uj PROJECT SITE ADDRESS w j a 414D KIMBALL AVE \ C RELOCATE GAS SERVICE iT I i��--_--- SIDEWALK PROPOSED \ CURRENT ZONING d_• +„ ®/ - G G �c c a _ _- m C-2/CZ CONDITIONAL ZONING COMMERCIAL I! _ � '' GONNECTTOE MISTING 18 STORM SE,NeR _ Ir„� _r— r PARKING REQUIREMENTS PROPOSED AREA INTAKE PROPOSED 18 STORM SEWER ' O Do LEGEND EXISTING SPACES:2856 HANDICAP SET PROPERTY CORNER FOUND —( ) O PROPERTY CORNER SET ® SECTION CORNER FOUND EVENT SPACE C=2,800 SF( I LARGEST EVENT SPACE) 100.00 DIMENSION OF SURVEY -COMM- EXISTING OF MAXIMUM OCCUPANT LOAD= 00(7 SF PER PERSON PER IBC) _ c- EXISTING GAS CO — .pROJECTBOUNOARY I I PARKING SPACES REQUIRED 4 100(1 STALL PER 4 —ST- EXISTING STORM SEWER JOCCUPANTS PER CITY OF WATERLOO ZONING ORDINANCE) - T EXISTING SANITARY SEWER , EXISTING TELEPHONE j/ E - EXISTING ELECTRIC - / OF” / WEXISTING WATER PROPOSED#OF PARKING SPACES:223 —oHuEXISTING OVERHEAD UTIL. i/iFtF I - ,'� I -FO- EXISTING FIBER OPTIC / —//— EXISTING FENCE Z [, U EXISTING LIGHT POLE O ¢ O EXISTIcr NG UTILITY POLE F m EXISTING ELECTRICAL BOX EXISTING SITE- Q 4 EXISTING MANHOLE EXISTING BUILDING/PATIO = 20,712 SF `+ EXIST NG FIRE HYDRANT ¢ w / - X EXISTING WATER VALVE / EXISTING PAVEMENT = 111,554 SF N EXIS NG GAS VALVE M a + m EXISTING TELEPHONE PED. Q EXISTING SIDEWALKS = 6,133 SF ® EXISTING TREE _Lj TOTAL IMPERVIOUS = 138,399 SF=58% -000- EXISTING CONTOURS _j¢¢ z +- - --®- PROPOSED CONTOURS XOOO.00 PROPOSED GRADES J O J EXISTING TOTAL GREENSPACE = 100,745 SF =42% xoo.00 FIR 42% Z m a TOTAL AREA = 239,144 SF 1111 PROJECT BOUNDARY L-Y o N 11 I I L II U L I I I L11 I ®PAVEMENT REMOVAL W � _ L..pM u 1 1 u -IL ILJI i ®SIDEWALK REMOVAL U J_ i PROPOSED SITE- d PROPOSED BUILDING/PATIO = 30,735 PROPOSED PAVEMENT = 101,842 SF IOWA H..- OF PROPOSED SIDEWALKS = 5,867 SF ®ONE CALL q TOTAL IMPERVIOUS = 138,444 SF=58% 8001 292.8989 I PROPERTY BOUNDARY CALL-BEFORE FYBU-BIB scale TOTAL GREENSPACE = 100,700 SF =42% 1"=40 1 TOTAL AREA = 239,144 SF drawn b PTA aporoved UTILITY STATEMENT DMA THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS.THE SURVEYOR MAKES NO GUARANTEE NORTH 07/01/2020 THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN -• - THE AREA,EITHER IN SERVICE OR ABANDONED.THE SURVEYOR FURTHER DOES revisions NOT WARRANT THAT THE UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES DECLARE THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE CONSTRUCTION OF THE SANITARY SEWER, STORM SEWER, AND WATER o as BD SYSTEMS SHALL BE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS H 1 G H WAY 20 FOR MUNICIPAL IMPROVEMENTS WITHIN THE CITY OF CEDAR FALLS, IOWA, AND 0 O THE STATEWIDE URBAN DESIGNS AND SPECIFICATIONS(SODAS), ,� � 'ice � •��+� ��� G�� Y. \ ,✓. _:..iy.' a i.,.'..Y _.. �_ xw-i.v. x._ Page 69 of 158 ,� � 'ice � •��+� ��� n _ _ t - Page 70 of 158 Site Plan Amendment — 4140 Kimball Avenue Looking north toward the existing building. Looking west from Kimball Avenue Page 71 of 158 .i s ar I m 4 Looking northwest from the driveway toward the Farmers State Bank Building. Looking east across Kimball toward a residence. Page 72 of 158 11 i I � Cedar •-• - IN Valley cdical ;1 1 Current entrance sign. Page 73 of 158 Site Plan Amendment — 4140 Kimball Avenue Looking north toward the existing building. Looking west from Kimball Avenue Page 74 of 158 .i s ar I m 4 Looking northwest from the driveway toward the Farmers State Bank Building. Looking east across Kimball toward a residence. Page 75 of 158 11 i I � Cedar •-• - IN Valley cdical ;1 1 Current entrance sign. Page 76 of 158 Legal Description TOWER PARK NO 3 LOT 1 Page 77 of 158 CITY OF WATERLOO Council Communication Sale and conveyance of City owned property located north of 3488 Wagner Road, in the amount of$1.00, to Steege Investments, LLC, including a Development and Minimum Assessment Agreement, for the development of a 12,000 square-foot building. City Council Meeting: 9/21/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Development and Minimum Assessment Agreement Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City owned propga located north of 3488 Wagner Road, in the amount of$1.00, to Steege SUBJECT: Investments, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement between Steege Investments, LLC and the City of Waterloo. Iowa. in conjunction with the construction of a 12,000 square-foot building, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City has owned this land since 2016 and platted the area into 6 lots. This will be the 4th lot to be sold for development in the area. Steege Summary Statement: Investments LLC will be constructing a 12,000 square-foot building along Wagner Road. The project will have a minimum assessed value of$500,000 Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of Property Legal Descriptions: Lot 6, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 78 of 158 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, !A 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between Steege Investments, LLC. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct a building and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). 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 the Property to Company for the sum of$1.00 (the "Purchase Price"). 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 property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) Page 79 of 158 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, 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 new commercial building of no less than 12,000 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 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. 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 as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. Company must obtain a building permit and begin construction within four (4) months from the date of this Agreement (the "Project Start Date") and substantially complete construction within twelve (12) months thereafter (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that 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, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, free and clear of Liens (defined below), and thereupon neither party shall have any further obligation under this Agreement except as expressly stated, provided that Company shall indemnify and hold harmless City as set forth in Section 4. 2 Page 80 of 158 If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, riot or civil disturbance, court order, government regulation or directive, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 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 of 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, or injury made, suffered, or incurred as a result of or in connection with the Project, 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. 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. 8. 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 81 of 158 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, which shall be fixed for assessment purposes, below the aggregate amount of $500,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than the demolition 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. 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. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have 4 Page 82 of 158 a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. 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. F. 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. G. Until termination of the MAA, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. 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. 5 Page 83 of 158 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. 10. 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 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. 11. 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 6 Page 84 of 158 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. 12. Additional Improvements; Tax Rebates. The parties contemplate that Company may construct a future expansion of the building referenced in Section 2. Provided that Company enters into a new minimum assessment agreement reasonably acceptable to City with respect to the additional improvements, then Company will be eligible for the property tax rebates provided for in this Section if, within three (3) years after the date of this Agreement, Company completes construction of an addition or new building and related improvements (the "Additional Improvements") that result in the Property being assessed for at least $1,000,000.00. Provided that Company has fulfilled the requirements of this Section, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Five 50% rebate each year for any taxable value exceeding $125,000.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. 7 Page 85 of 158 The taxable value of the Property as a result of the Additional Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of$500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 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. 14. 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. 15. 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. 8 Page 86 of 158 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. 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. 18. 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 2601 Easton Avenue, Waverly, Iowa 50677, Attention: President. 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. 19. 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. 20. 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 9 Page 87 of 158 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. 21. 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. 22. 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. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. 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. 25. 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. 26. 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] 10 Page 88 of 158 CITY OF WATERLOO, IOWA STEEGE INVESTMENTS LLC. By: By: Quentin M. Hart, Mayor G inee e, rrWident Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of 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. G vin eg 11 Page 89 of 158 EXHIBIT "A" Legal Description of Property: Lot 6, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. 13 Page 90 of 158 EXHIBIT `B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of by and among the CITY OF WATERLOO, IOWA ("City"), STEEGE INVESTMENTS, 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 East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development 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 $500,000.00 ("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 it is 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, 15 Page 91 of 158 2031. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, 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 STEEGE INVESTMENTS, LLC. By: By: Quentin M. Hart, Mayor `y�i t� e,Oresident Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) 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 16 Page 92 of 158 personally known, who being duly sworn, did say that they are the Mayor and City 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. Notary Public STATE OF IOWA ) ) ss. COUNTY OF 5 Subscribed and sworn to before me on us , 2020, by Gavin Steege as President of Steege Investments, LLC. Notary Public ... Ats CAROL A K4CKER Commission Number 160370 My Commission Expires 17 Page 93 of 158 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Five Hundred Thousand Dollars ($500,000.00) 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 ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 19 Page 94 of 158 CITY OF WATERLOO Council Communication Codification of the City of Waterloo Traffic Code of Ordinances. City Council Meeting: 9/21/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ Adopting Ordinance Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Motion to receive, file, consider, and pass for the first time an ordinance adopting the 2020 Traffic Code of the City of Waterloo. Iowa. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By:Kelley Felchle, City Clerk Recommended Action: Approval. Cities are provided three options under Iowa law for maintaining their city codes. These include: 1. The city may compile an annual supplement to the code of ordinances. This supplement consists of all new ordinances and amendments to ordinances that became effective during the previous year. The supplement must be adopted by resolution by the council and placed in the code of ordinances. 2. The city may insert new ordinances or amendments to ordinances directly into the code itself. This must be done at least annually. This works especially well for cities that maintain a copy of their city code in electronic format, allowing for quick and convenient updating. 3. If the city does not take either of the actions described above, it must codify the code of ordinances at least once every five years. If there have Summary Statement: been no substantive changes to the city code, the city may simply adopt the code by ordinance. However if the city has made additions, amendments or intends to change any code provision, it must hold a public hearing on the proposed code prior to its adoption. Waterloo utilizes option two for the city code and option three for the traffic code. City Clerk's Office staff have been working this year to incorporate numerous amendments into the traffic code and have now made it available on the city website for easy public access. The public hearing and ordinance Page 95 of 158 adopting the updated traffic code are required in order to maintain a valid and enforceable traffic code. The traffic code is found on the City Clerk's Office page of the city website, under the section titled Code of Ordinances. Link:https://www.cityofwaterlooiowa.com/government/city_clerks/index.php Page 96 of 158 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE ADOPTING THE 2020 TRAFFIC CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: SECTION 1. Pursuant to published notice and following public hearing on the 21St day of September 2020, so required by Sections 362.3 and 380.8, Code of Iowa,there is hereby adopted by the City of Waterloo, Iowa,the"Traffic Code of Ordinances of The City of Waterloo, Iowa." Section 2. This ordinance shall only apply to the"Traffic Code of Ordinances of the City of Waterloo, Iowa". SECTION 3. All of the provisions of the "Traffic Code of Ordinances of The City of Waterloo, Iowa," shall be in force and effect on and after the effective date of this ordinance. SECTION 4. All ordinances or parts thereof pertaining specifically to the Traffic Code of Ordinances of the City of Waterloo, Iowa, in force on the effective date of this ordinance are hereby repealed from and after the effective date of this ordinance. SECTION 5. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money by the City or authorizing the issuance of any bonds of said City or any evidence of said City's indebtedness; nor shall it affect any other right or franchise conferred by any ordinance or resolution of the Council or any other person or corporation; nor shall it affect any ordinance naming, establishing, relocating or vacating any street or public way, whether temporary or permanent; nor shall it affect any ordinance amending the official zoning map, establishing building lines, establishing and changing grades, or dedicating property for public use; nor shall it affect any prosecution, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance. SECTION 6. An official copy of the "Traffic Code of Ordinances of The City of Waterloo, Iowa," adopted by this ordinance, including a certificate of the City Clerk as to its adoption and the effective date, is on file in the office of the City Clerk, and shall be kept available for public Page 97 of 158 Ordinance No. XXXX Page 2 inspection. SECTION 8. The City Clerk shall furnish a copy of the"Traffic Code of Ordinances of The City of Waterloo, Iowa,"to the Judicial Magistrates serving the City of Waterloo, city departments requesting a copy, and maintain a copy on the city website. SECTION 9. This ordinance shall be in full force and effect from and after the publication of this ordinance, as required by law. INTRODUCED: ,2020 PASSED 1St CONSIDERATION: 92020 WAIVED 2nd CONSIDERATION: 92020 WAIVED 3rd CONSIDERATION: 92020 PASSED AND ADOPTED this th day of 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 98 of 158 Ordinance No. XXXX Page 3 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the City Council of the City of Waterloo, Iowa, on the th day of 2020. Witness my hand and seal of office this th day of 2020. Kelley Felchle City Clerk SEAL + 1 + V01.. Page 99 of 158 CITY OF WATERLOO Council Communication Resolution adopting a face mask mandate for the City of Waterloo. City Council Meeting: 9/21/2020 Prepared: 8/7/2020 ATTACHMENTS: Description Type ❑ Public Comment Backup Material ❑ Additional Public Comments Backup Material ❑ Additional Public Comments (2) Backup Material ❑ Mask Resolution- Cheryl Christiansen Comment Backup Material ❑ Resolution as proposed Backup Material SUBJECT: Resolution adopting a face mask mandate for the City of Waterloo. Submitted by: Submitted By: Jonathan Grieder, Ward 2 Council member Recommended Action: Approval. Page 100 of 158 KELLEY FELCHLE From: LEANN EVEN Sent: Monday, August 10, 2020 8:03 AM To: KELLEY FELCHLE Subject: FW: in support of mandate to wear masks This is a communication in support of No. 9 on the agenda. From: Carol Morgan <Carol_Morgan@msn.com> Sent:Sunday,August 9, 20201:50 PM To: LEANN EVEN <LEANN.EVEN @WATERLOO-IA.ORG> Subject: in support of mandate to wear masks To: City Council, Waterloo, Iowa From: Carol E. Morgan, 3320 Monticello Ave, Waterloo, IA 50701 319-833-0673 There is nothing more important to an individual, or a community, than health. The quality of life one lives is dependent on one's health. Although not always that obvious, the same is true for a community. It follows from that simple fact that we are all, as individuals, responsible for the health of our community. Our freedom as individuals is actually enhanced by maintaining our health. Likewise, freely prospering as a community is dependent on a healthy citizenry. Those who argue for the "freedom" not to wear masks are actually arguing for the right to be irresponsible toward their community, thereby limiting its ability, and that of its citizens, to prosper freely, both as individuals and as a community. Mandate masks! i Page 101 of 158 KELLEY FELCHLE From: WENDY BOWMAN Sent: Monday, August 10, 2020 11:05 AM To: COUNCIL MEMBERS Cc: QUENTIN HART; KELLEY FELCHLE Subject: Citizen comment The following message was sent through the City's website. From: noreply@revize.com <noreply@revize.com> Sent:Sunday,August 9, 2020 3:34 PM To:Subscribers<subscribers@waterloo-ia.org> Subject: Website Contact Request Name= Holly M Cote Address=310 Independence Ave City—Town =Waterloo Stat—Prov= Iowa Phone=3192360016 Email= seussfan76@outlool<.com Comments= City Council:vote NO for mandated face masks. Many stores already require it. That's enough! Client IP= 173.26.157.162 Wendy S. Bowman Communications Director City of Waterloo, Iowa Hours:9:00am—4:00pm, Mon.—Thurs. 319-291-4522 ext.3037—City Hall 319-830-9362—Cell wendy.bowman@waterloo-ia.org www.citVofwaterlooiowa.com Follow the City on Facebook "You are brilliant and subtle if you come from Iowa and really strange and you live as you live and you are always well taken care of if you come from Iowa." -Gertrude Stein i Page 102 of 158 Nancy Hi b From: Kendra Wyatt Sent: Monday,August 10, 2020 3:46 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Business Owner-Waterloo From:Tara Sagers<tara.sagers@gmail.com> Sent: Monday,August 10, 2020 8:18 AM To: Mayor<Mayor@WATERLOO-IA.ORG> Subject: Business Owner-Waterloo Mayor Hart, As community member and owners of the Black Hawk Tennis Club in Waterloo we are strongly opposed to the mask mandate for all, and the reasoning behind this is because we are a private tennis club. Our patrons have no problem wearing the mask from the car to the tennis court, but tennis is the most safe and socially distancing sport, which the CDC published early during the pandemic. We don't feel it is safe to run on a court and wear a mask especially with the older recreational players, but also our younger competitive and nationally ranked players should not be wearing a mask and competing. We urge you to not mandate the mask. Our business extremely suffered during the pandemic and is still suffering. We can not continue to take these hits from our government shutting us down and not giving the people their freedom to choose what's best for their health. I ask of you that IF you mandate the mask to you assume ALL liability if someone passes out on the court wearing the mask that you told them they had to wear? Do you want to see another large building sit empty when we have to close our doors due to this pandemic because our members know it's not safe to wear a mask and play tennis from 20 feet away from each other. Please listen to your taxpayers and business owners in your area. Chris and Tara Sagers Black Hawk Tennis Club 1005 Black Hawk Rd Waterloo IA 50701 319-233-7512 i Page 103 of 158 Nancy Higby From: Kendra Wyatt Sent: Monday,August 10, 2020 3:46 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Mask Mandate From: Mary Christoph <chris4hand@gmail.com> Sent: Monday,August 10, 2020 8:48 AM To: Mayor<Mayor@WATERLOO-IA.ORG> Subject: Mask Mandate Quentin Hart Waterloo Mayor As a RN and Health Educator who has practiced over 43 years feel you should consider not mandating masks. Here's why have always promoted heathy life style so if I don't live it I can't promote it. I feel I have encouraged people to make exercise a life time habit. Your mandate will promote people to stop exercising which will make people unhealthy and therefore be more prone to disease Before mandating masks I want you to walk fast or run 3-4 miles, bike 6 or 7 miles or more, play tennis 1 '/2- 2 hours, walk 18 holes of golf all with a mask on. Then if you still feel it's important and haven't fallen or gotten light headed. You can consider this. Inactivity is more of a threat to diseases. Playing tennis was considered the safest sport there is during pandemic and you want people to wear masks so they fall when masks slip over their eyes Please try these activities out before passing this mask mandate. I am 68 years old my husband is 72 and we have done one of these activities everyday and most 2 of theses everyday since pandemic started first in Arizona and now Iowa. I feel we don't have comorbidities because of our life style and please don't take away believe in masks when going to stores but not exercising inside or out. Mary Christoph Sent from my iPad i Page 104 of 158 Nancy Hi b From: Kendra Wyatt Sent: Monday, August 10, 2020 3:46 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW:Yes to Mandating Masks From: norsksun@aol.com<norsksun@aol.com> Sent: Saturday, August 8, 2020 6:29 PM To: Mayor<Mayor@WATERLOO-IA.ORG> Subject:Yes to Mandating Masks Dear Mayor, Wearing masks is the responsible thing to do - and I thank you for your leadership. am in favor of mandating masks - when we look at other places - we see that wearing a mask has been successful in saving lives. Again, thank you for your leadership and all you do. Take care, Jacquelyn Meyer 904 Prairie Meadow Ct. Waterloo, Iowa 50701 Page 105 of 158 Nancy Hi b From: Kendra Wyatt Sent: Monday, August 10, 2020 345 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Mask mandate From: Karnik, Rev. George<dbgkarnik@dbqarch.org> Sent: Saturday,August 8,2020 2:04 PM To: Mayor<Mayor@WATERLOO-IA.ORG> Subject: Mask mandate Dear Mayor Hart, I support and strongly recommend that the Waterloo City Council Implement a mandate that anyone coming into a public building, business, any facility other than a private home, be required to wear a mask. The sanctions involved and enforcement measures are something the Council would need to work out. Thank you for your good leadership in our city !!!! Sincerely, Father George Karnik z. Page 106 of 158 Nancy Hi b From: Kendra Wyatt Sent: Monday, August 10, 2020 3:45 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Masks From: Kevin McKelvie<krmckelvie@aol.com> Sent: Saturday,August 8, 2020 11:19 AM To: Mayor<Mayor@WATERLOO-IA.ORG> Subject: Masks Dear Mayor Hart, Please support the mandatory wearing of masks in public in Waterloo. We can not rid ourselves of this virus without having people wear masks in public. Thank you. Kevin McKelvie i Page 107 of 158 Nancy Higby From: KELLEY FELCHLE Sent: Monday, August 17, 2020 1:59 PM To: Nancy Higby Subject: FW: Masks -----Original Message----- From: Kendra Wyatt<Kendra.Wyatt@WATERLOO-IA.ORG> Sent: Monday,August 17, 2020 12:40 PM To: QUENTIN HART<QUENT]N.HART@WATERLOO-IA.ORG>; COUNCIL MEMBERS<COUNCILMFMBFRS@WATERLOO- IA.ORG>; KELLEY FELCHLE<KELLEY.FELCHLE@WATERLOO-IA.ORG> Subject: FW: Masks -----Original Message----- From:jpl5074@mchsi.com <jpl5074@mchsi.com> Sent: Monday,August 17,2020 11:50 AM To: Mayor<Mayor@WATERLOO-IA.ORG>;Jerome Amos Jr<Jerome.Amos@WATERLOO-IA.ORG> Subject: Masks After some checking have found out that the city of Muscatine passed such a mandate an still haven't been able to enforce it as the governor stated "it is not in effect". That cities attorney has been trying to work with the attorney generals office an yet still haven't been approved to do so, and still not able to enforce it. All that were involved in passing that mandate in Muscatine 1 believe should be removed from office immediately, as they passed a mandate that knowingly violates state law as the governor has stated that she is the only one who can do so. The Courier may have censored me from putting facts in their comments to these articles, but social media gets the facts out quicker. We have cancelled our subscriptions to their paper, as we will not support them trying to hide facts from the public which they has a right to know. In my opinion its just another news source who only prints half truths an only for their agendas. We have backed you both from the beginning, but will not continue to do so if you support passing a mandate that you all know violates the law. Why does this city insist to make ordinances an mandates that they know aren't legal? All its doing is costing the tax payers money in legal fees in the long run. Maybe if you all were required to pay those fees, maybe you all would think twice. In my opinion, anyone of you that knowingly passes something that you know violates state law should step down or removed from office on the spot! Thank You, Joe Pope 1 Page 108 of 158 Nancy Hi b From: KELLEY FELCHLE Sent: Monday, August 17, 2020 11:08 AM To: COUNCIL MEMBERS Cc: Nancy Higby Subject: FW: Mask Ordinance Council, Below is public comment regarding agenda item #20. Kelley Kelley Felchle City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (319)291-4323 PURSUANT TO IOWA CODE CHAPTER 22 E-MAIL COMMUNICATION TO AND FROM THIS ADDRESS MAY BE SUBJECT TO PUBLIC DISCLOSURE. Igo From: Kendra Wyatt<Kendra.Wyatt@WATERLOO-IA.ORG> Sent: Monday, August 17, 2020 10:55 AM To: QUENTIN HART<QUFNTI N.HART@WATERLOO-IA.ORG>; KELLEY FELCHLE<KELLEY.FELCHLE@WATERLOO-IA.ORG> Subject: FW: Mask Ordinance From: Sub City<amann7670@gmai1.com> Sent: Monday, August 17, 2020 10:50 AM To: Mayor<Mayor@WATERLOO-IA.ORG>; Ray Feuss<Ra .Feuss WATERLOO-IA.ORG>;Jerome Amos Jr <Jerome.Amos WATERLOO-IA.ORG>; Pat Morrissey<Pat.Morrisse WATERLOO-IA.ORG>;Jonathan Grieder <Jonathan.Grieder WATERLOO-IA.ORG>; Margaret Klein <Mar aret.Klein WATERLOO-IA.ORG>; Dave Boesen <Dave.Boesen@WATERLOO-IA.ORG>; Sharon Juon <Sharon.Juon@WATERLOO-IA.ORG> Subject: Mask Ordinance Page 109 of 158 Honorable Mayor Hart and City Council Members: I'm writing to speak against having a mandatory mask ordinance in the City of Waterloo. Right now, the "herd mentality" is that everyone should wear masks when they go out in public. However, if you do a little research, you will quickly find many experts saying that cloth masks are not effective at preventing the spread of the virus. Only respirators will do that, and they are recommending those be reserved for health care workers. Further, mask wearing has detrimental physical and/or mental effects on many people who are forced to wear them. The virus is not being spread by people shopping at Hy-Vee, Lowes, etc., so an ordinance forcing everyone to wear masks while out in public will have little to no positive impact, while having a significant negative impact. Many business already require their customers to wear masks, and the number of such businesses continues to increase, so even if you think there would be a benefit to everyone wearing a mask,government intervention is not necessary.The private sector is doing this on its own. I understand that there are people calling on government to make mask wearing mandatory, but many of these people are operating out of fear and/or because they have not done any research, and are just going with the momentum of the herd. I urge you all to watch the video at the link below. I know it is long, but I think there is a lot of important information contained in the video that would be beneficial for you to have before voting on this issue. https://m.youtube.com/watch?feature=share&v=XHQ7zDNXKiO#rnenu I ask the city council members to vote "NO" to a mandatory mask ordinance. Respectfully, Al Manning 1020 South Hill Dr. Waterloo, IA 50701 319-234-4295 Sent from Mail for Windows 10 2 Page 110 of 158 From: KELLEY FELCHLE To: COUNCIL MEMBERS;QUENTIN HART Cc: Nancy Hiobv Subject: Mask Resolution-Cheryl Christiansen Date: Monday,August 17,2020 3:57:15 PM Council, A resident named Cheryl Christiansen (319-233-2772) called. She asked that I let you know she would like council to vote against on the mask resolution. Kelley Kelley Felchle City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (319)291-4323 PURSUANT TO IOWA CODE CHAPTER 22 E-MAIL COMMUNICATION TO AND FROM THIS ADDRESS MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1110 Page 111 of 158 Prepared by Kelley Felchle, Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2020- RESOLUTION ADOPTING A FACE MASK MANDATE FOR THE CITY OF WATERLOO. WHEREAS, we, the elected representatives of the City of Waterloo, took an oath to uphold and defend the Constitution of the United States and the Constitution of the State of Iowa; and, Whereas, the emergence of the novel coronavirus, SARS-CoV-2, that causes the diseases COVID-19, can result in serious illness or death and can easily be spread from person to person; and, WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency related to the dangers posed by COVID-19; and, WHEREAS, on March 9, 2020, the Governor of the State of Iowa, Kim Reynolds, signed a proclamation of disaster emergency for the entire State of Iowa based on the increasing numbers in the State of Iowa testing positive for COVID-19; and, WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak to be a worldwide pandemic; and, WHEREAS, on March 13, 2020, the President of the United States signed an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizing emergency response measures in all fifty states in response to COVID-19; and, WHEREAS, the most current local data relating to COVID-19 as provided by the Iowa Department of Public Health ("IDPH") and the Black Hawk County Department of Public Health (`BHCDPH") show that the state, Black Hawk county, and Waterloo continue to experience significant community spread of this disease; and, WHEREAS, the City of Waterloo has a compelling interest to protect the lives of its residents; and, WHEREAS, Article III, Section 38A of the Iowa Constitution grants municipalities the power to determine their local affairs and government not inconsistent with the laws of the general assembly; and, Whereas, Chapter 364 of the Iowa Code reaffirms the constitutional grant of home rule authority to municipalities "to exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or its residents, and improve the peace, safety, health, welfare and convenience of its residents"; and, WHEREAS, a city "may exercise its general powers subject only to limitations expressly imposed by state or city law," and the exercise of a city power "is not inconsistent with a state law unless it is irreconcilable with the state law." Iowa Code section 362.2(2) and(3); and WHEREAS, a city may set standards "more stringent than those imposed by state law, unless a state law provides otherwise." Iowa Code section 364.3(a); City of Des Moines v. Gruen, 457 N.W.2d 340, 343 (Iowa 1990); Bryan v. City of Des Moines, 261 N.W.2d 685, 687 (Iowa 1978); and, WHEREAS, the Center of Disease Control ("CDC"), the IDPH, and BHCDPH, have all Page 112 of 158 Resolution No. 2020- Page 2 determined and encouraged that face coverings are an critical tool in the fight against COVID-19 that could reduce the spread of the virus particularly when used universally within a community; and, WHEREAS, the Governor's current proclamation requires that businesses and gatherings ensure social distancing of employees, customers, and attendees, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with the guidance of the IDPH; and, WHEREAS, the IDPH's reopening guidance advises that members of the public consider the use of cloth face coverings when distancing is not possible because wearing a face covering in public places where social distancing measures are difficult can help slow the spread of COVID-19; and, WHEREAS, a requirement that persons in the City of Waterloo wear face coverings is essential to reducing the risk of transmission of COVID-19, and necessary to protect the health, welfare, and safety of residents, visitors and accelerate local recovery efforts; and, WHEREAS, a requirement that persons wear a face covering is not irreconcilable with the Governor's proclamations and the guidance of the Iowa Department of Public Health; and, WHEREAS, this resolution is not meant to be stigmatizing or punitive and is in the best interest of the health, welfare, and safety, and economic recovery of the City of Waterloo and its residents; now, therefore NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1. Every person in the City of Waterloo must wear a face covering when: a. In public as opposed to one's place of residence, when one cannot stay six (6) feet apart from others. b. Inside any indoor public settings, including but not limited to: 1. Grocery stores 2. Pharmacies 3. Hardware stores 4. Retail stores 5. Other public settings that are not one's place of residence and when among people who do not live in the same household 6. City buildings c. Outside if maintaining six(6) feet apart is not possible d. Using public transportation or private car services (including taxis, ride share, or carpooling) Section 2. No business that is open to the public may provide service to a customer or allow a customer to enter is premises, unless the customer is wearing a face covering as required by this resolution, and businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligations to wear a face covering while inside. Section 3. Those who are exempt from wearing a face covering: a. Persons younger than 2 years of age due to the risk of suffocation. b. Anyone who has trouble breathing, on oxygen therapy, or ventilator. c. Anyone who is unconscious, incapacitated, or otherwise unable to remove their Page 113 of 158 Resolution No. 2020- Page 3 face covering without assistance. d. Anyone who has been told by a medical, legal, or behavioral health professional not to wear face coverings. e. Anyone actively engaged in a public safety role, including but not limited to law enforcement, firefighters, or emergency medical personnel. Section 4. Places and times where a persons are exempt from wearing a face covering; a. While traveling in a personal vehicle alone or with household members. b. While a person is alone or with household members. c. While exercising at moderate or high intensity e.g. swimming,jogging,biking. d. While seated at a food establishment in the process of eating or drinking. e. While obtaining a service that would require temporary removal of the persons face covering. f. When federal or state law prohibits wearing a face covering or requires the removal of a face covering. Section 5. If a cloth face covering is chosen, appropriate use of a cloth face covering includes: a. A snug fit, but comfortable against the side of the face. b. Completely covers the nose and mouth. c. Is secured with ties or ear loops. d. Includes multiple layers of fabric. e. Allows for breathing without restriction. f. Can be laundered and machine dried without damage or change in shape. Section 6. The enforcement mechanism for this resolution shall be left up to the Mayor or designee with the aim towards compliance not punishment. Section 7. That this resolution shall be in effect for six weeks from the date it is signed by the Mayor. Prior to the expiration, the City Council of the City of Waterloo may extend the mandate by adopting a new resolution. Section 8. If any section,provision, or part of this resolution is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision, or part of this resolution not adjudged invalid or unconstitutional. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this this 'h day of 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 114 of 158 Resolution No. 2020- Page 4 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2020- as passed and adopted by the City Council of the City of Waterloo, Iowa, on the th day of 2020 and signed by the Mayor of the City of Waterloo, Iowa on the th day of 2020. Witness my hand and seal of office this 18th day of August 2020. SEAL Kelley Felchle •P�ER�0•,, �� City Clerk ���ll • � W 11 jllllllq Page 115 of 158 CITY OF WATERLOO Council Communication Resolution approving a Community Assistance Grant Contract with the Iowa Department of Natural Resources, in conjunction with the Asbestos Abatement Reimbursement Program, for an abandoned property located at 120 Center Street, in the amount of$6,290, and authorizing the Mayor to execute said document. City Council Meeting: 9/21/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ Pictures Backup Material ❑ Contract#21-7540-05 Asbestos Abatement- 120 Backup Material Center Street Resolution approving a Community Assistance Grant Contract with the Iowa Department of Natural Resources, in conjunction with the Asbestos SUBJECT: Abatement Reimbursement Program, for an abandoned property located at 120 Center Street, in the amount of$6,290, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: To approve and authorize the contract in the amount of$6,290.00. This Contract is by and between the City of Waterloo (hereinafter referred to as the Contractor) and the Iowa Department of Natural Resources (hereinafter referred to as the Department) for the purpose of assisting in cost-share reimbursement for activities to conduct the proper removal and disposal of noted, regulated asbestos containing material(ACM) from the building at the project area, hereinafter referred to as the Project. The Project Area is, at a minimum, defined as land parcels and related structures located at 120 Center St., formerly known as Cleveland Welding Supply, within the corporate limits of the City of Waterlo, Black Hawk County, Iowa. It is the intent of the Contractor to remove the referenced ACM, and then prepare the building and site for economic redevelopment. The ACM at the project site presents a potential Summary Statement: environmental and public health hazard. The City of Waterloo has approved a contract with Abatement Specialties, LLC, of Cedar Rapids, Iowa to conduct asbestos abatement at a vacant and abandoned former welding supply company located at 120 Center Street in the amount of$11,290.00. The Iowa Department of Natural Resources (IDNR)has approved the City of Waterloo for reimbursement of the cost to abate the asbestos from the property, up to $6,290.00. Page 116 of 158 Expenditure Required: $11,290.00. Source of Funds: Nuisance Abatement with up to $6,290 to be reimbursed by IDNR. Policy Issue: Nuisance Abatement Alternative: N/A Background Information: Legal Descriptions: ASSESSOR LELANDS PLAT NO 1 PART LOT 5 DESC AS E 267.23 FT LOT 5 AS MEASURED ALONG S LINE SAID LOT Page 117 of 158 3/30/2016 Black Hawk County Property Photos There are 5 photos of parcel 891323231002. Click a number to see an image:1 2 3 4 5 M� Al . _ _- . , - _ . - :./ ,� rYJ..�.>rI Jam- .1_ • s.s_.e:._�.. ,�}l .,Jiia.�v.+�- _ - Page 118 of 1 http:l/www2.co.black-hawk.ia.uslwebsitelbhmaplbhParlmages.asp?apn=8913232310D2&arg=photo , 18 3/30/2016 Black Hawk County Property Photos There are 5 photos of parcel 891323231002. Click a number to see an image: 1 2 3 4 5 Ole � v f ` ,r � X11, •�� � .�, 3 Page 119 of 1 http:/Avww2.co.black-hawk.ia.us/websitelbhmaplbhParlm ages.asp?apn=891323231002&arg=photo I,� 3/30/2016 Black Hawk County Property Photos There are 5 photos of parcel 891323231002. Click a number to see an image: 1 2 3 4 5 htip://www2.co.black-hawk.ia.us/website/bhmap/bhParimages.asp?apn=891323231002&arg=photo Page 120 of 1P 3/30/2016 Black Hawk County Property Photos There are 5 photos of parcel 891323231002. Click a number to see an image: 1 2 3 4 5 Pr we 1 I i -- --_ - http:/Iwww2.co.black-hawk.ia.us/website/bhmap/bhParimages.asp?apn=891323231002&arg=photo Page 121 of 1 i 3/30/2016 Google Maps c, R � � i \ 7 d 'inn• Imagery©2016 Google,Map data @2016 Google 20 ft Google Maps I https:ltwww.google.com/maps/@42.509651,-92.3389442,237a,20y,41.63ttdata=!3ml!le3 Page 122 of lw IOWA BROWNFIELD REDEVELOPMENT PROGRAM ° COMMUNITY ASSISTANCE GRANT CONTRACT IOWA DEPARTMENT OF NATURAL RESOURCES • Brownfield Redevelopment Program Contractor: City of Waterloo Contract Number: 21-7540-05 Contract Title: Asbestos Abatement — 120 Center St. Contract Amount: Actual price — not to exceed $6,290.00 Federal ID Number: 42-6005327 Contractor Officer: Chris Western Contractor Email Address: chris.western@waterloo-ia.org DNR Project Officer: Mel Pins, 515-725-8344 Land Quality Bureau Distribution Copies: Copy One — IDNR Copy Two — Contractor Time of Performance: September 14, 2020 — November 30, 2020 Time of Final Documentation: December 31 , 2020 Term of Contract: January 31, 2021 Submit Reporting Forms and Mel Pins Claim Vouchers To: Land Quality Bureau Iowa Department of Natural Resources 502 E. 9t" Street Des Moines, Iowa 50319-0034 Issue Payment To: City of Waterloo 715 Mulberry St. Waterloo, Iowa 50703 Page 123 of 158 SPECIAL CONDITIONS AND GENERAL CONDITIONS The Contractor shall deliver all information and complete all tasks detailed in the Special Conditions. The rights and obligations of the parties to this Contract shall be subject to and governed by the Special Conditions, the General Conditions, and the Appendices. To the extent of any inconsistency between the Special Conditions, the General Conditions, and the Appendices and any specifications or other conditions that are made a part of this Contract by reference or otherwise, the provisions of the Special Conditions and the General Conditions shall control. To the extent of any inconsistency between the Special Conditions and the General Conditions, the provisions of the Special Conditions shall control. SPECIAL CONDITIONS ARTICLE I. IDENTIFICATION OF PARTIES, PROJECT, AND PROJECT AREA This Contract is by and between the City of Waterloo (hereinafter referred to as the Contractor) and the Iowa Department of Natural Resources (hereinafter referred to as the Department) for the purpose of assisting in cost-share reimbursement for activities to conduct the proper removal and disposal of noted, regulated asbestos containing material (ACM) from the building at the project area, hereinafter referred to as the Project. The Project Area is, at a minimum, defined as land parcels and related structures located at 120 Center St., formerly known as Cleveland Welding Supply, within the corporate limits of the City of Waterlo, Black Hawk County, Iowa. It is the intent of the Contractor to remove the referenced ACM, and then prepare the building and site for economic redevelopment. The ACM at the project site presents a potential environmental and public health hazard. ARTICLE II. DESIGNATION OF OFFICIALS 2.1 Department. The Deputy Director of the Department shall execute any changes in the terms, conditions, or amounts specified in this Contract. Mel Pins shall negotiate on behalf of the Department and, subject to the approval of the Deputy Director, make any changes to this Contract. 2.2 Contractor. The Contractor Officer is authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. 2.3 Key Contract Personnel. Mel Pins, Executive Officer, Iowa Department of Natural Resources, 515-725-8344 Chris Western, City Planner, City of Waterloo, 319-291-4366 ARTICLE III. TIME OF PERFORMANCE, TERM OF CONTRACT Page 124 of 158 3.1 Time of Performance. The Contractor shall commence work under this Contract on the beginning date and complete contract tasks by the ending date, as set forth in this Contract unless changed by mutual written agreement. Contract tasks include all actions and/or submittals required of the Contractor in accordance with this agreement. This contract shall not cover work, costs, or other expenses not referenced within this contract. 3.2 Term of Contract. The Contract remains open for the Term of Contract as stated on the title page of this Contract. The Contract and all obligations of the Department contained herein may be terminated upon the occurrence of one of the following: a) the Contract is terminated due to any default under Section 11 of the General Conditions; or b) no claims for reimbursement are submitted prior to the Term of Contract. ARTICLE IV. SCOPE OF WORK 4.1 Project Description. The Contractor shall retain the services of a certified asbestos supervisor and licensed asbestos workers for the proper containment, removal, and disposal of asbestos containing materials (ACMs) within structures at the project site. Upon completion of documentation of proper ACM disposal, the DNR will reimburse the Contractor 50% of the ACM abatement project costs, up to a maximum value of the contract as indicated herein. 4.2 Permitting and Quality Assurance. The Contractor shall ensure that the certified asbestos supervisor and workers inspector conducts all ACM removal and disposal activities in accordance with Federal and State Laws and regulations, including but not limited to: 1. Title 29 Code of Federal Regulations Section 1910.1001, General Industry Standard for Asbestos. 2. Title 29 Code of Federal Regulations Section 1926.1101, Construction Industry Standard for Asbestos. 3. Title 29 Code of Federal Regulations Section 1910.134, General Industry Standard for Respiratory Protection. 4. Title 29 Code of Federal Regulations Section 1910.2, Access to Employee Exposure and Medical Records. 5. Title 29 Code of Federal Regulations Section 1910.1200, Hazard Communication Rule. 6. Title 40 Code of Federal Regulations Part 61 Subpart A and Subpart M (revised Subpart B), National Emissions Standard of Hazardous Air Pollutants. 7. Iowa Administrative Code Section 530 Chapter 81 & 82, Asbestos Control Procedures. 8. Title 49 Code of Federal Regulations Part 171-180, Department of Transportation, Transportation of Hazardous Waste. Page 125 of 158 The most recent edition of any relevant regulations, standard, document or code shall be in effect. Where conflict among the requirements or with these Specifications exists, the most stringent requirements shall be utilized. 4.3 Milestones: The contractor shall accomplish the activities listed in the Project Milestones by the assigned date. If changes are required, the contractor must contact the Department in writing and receive approval of the amendment in writing. PROJECT MILESTONES Completion Date Activity November 30, 2020 No later than this date the asbestos removal and disposal activities must be completed, per applicable codes, and with appropriate notifications for such work December 31, 2020 Submit copies of expenses/invoices related to the ACM removal, including copies of all invoices and landfill scale tickets pertaining to disposal of ACM at an approved landfill. 4.4 Project Budget: The Department agrees to reimburse the Contractor for the costs of the ACM removal and disposal activities incurred for the Project in the amounts stated in the PROJECT BUDGET as outlined on this page, not to exceed the Contract Amount indicated on the title page of this Contract. PROJECT BUDGET ITEM DNR AWARD GRANTEE COST TOTAL COST SHARE Asbestos Removal & Disposal Fees $6,290.00 Est. $5,000.00 Est. $11,290.00 4.5 Budget Amendments: The Contractor shall request any budget deviations between any existing budget line items. The Contractor shall provide the Department a written request of the proposed budget deviation. The proposed revised budget can not exceed the contract award amount as identified on the title page of the contract and local match requirements must be maintained. This written notice shall include: a) a statement of the reason(s) the budget deviation is requested and the impact on the intent of the project; b) a revised budget indicating affected budget line items The Department will respond in writing to the request. Expenses can not occur relating to the revised budget until the Contractor receives an approval letter from the Department. Page 126 of 158 4.6 Claim Submittal Procedure: The Contractor shall submit: a) a request letter stating that the expenses have been incurred, the amount of the expenses, and that the Contractor is requesting reimbursement payment per the terms of the contract. b) Copy of the ACM waste manifests and disposal receipts that note the amount or quantity in cubic yards, or weight, of ACM removed. c) Copy of the invoice received for the ACM abatement by the environmental consulting firm used by the Contractor Claim submittals should be sent to: Mel Pins Iowa Department of Natural Resources Wallace State Office Building 502 E. 9t" Street Des Moines, Iowa 50319-0034 Claims must be submitted within forty-five (45) days of the date of the oldest attached invoice. Only one claim, based on the value of the contract and all work completed therein, shall be submitted. No partial claims or partial draws shall be submitted for reimbursement. Claims shall be made only on items listed in the project budget outlined in section 4.5 of this contract. 4.7 Funding. The Department will process claims for payment within thirty (30) working days provided: a) all required documentation is attached; b) all Contractor requirements (including local, state, and federal statutes, ordinances, rules, and regulations), to date, are completed to the satisfaction of the Department; and c) The Contractor is accomplishing Project Milestones identified in Article IV to the satisfaction of the Department. If any of these conditions is not met, the Department will notify the Contractor of the deficiencies and the Department may return the canceled claim voucher to the Contractor. A new claim voucher may be submitted to the Department for payment once Contract requirements are met. ARTICLE V. REVIEW OF WORK The Department or its advisors shall have the right to review and observe at any time, completed work or work in progress on the Project. 5.1 Milestones: Milestone activities must be met by the assigned date. If the assigned date needs to be amended, prior written Department approval must be received. Failure to accomplished milestones by contracted or amended dates may result in any or all of the following: Page 127 of 158 1. Claims based on such work not completed will not be paid by the Department, or; 2. The Department terminates the Contract and declares the entire unpaid grant balance to be non-claimable by the contractor. 5.2 Budget: Execution of this Contract is certification that existing in-kind local match, as represented in the project budget is true, correct, and accurate. Falsely represented in-kind local match may result in any or all of the following: 1. The Department terminates the Contract and declares the entire unpaid of grant balance to be non-claimable by the contractor, and previous claims paid by the department shall be refunded by the contractor. 5.3 Project Failure. In the event that the Project fails or ceases operations as originally proposed during the Term of Contract and without prior Department approval the Department may: 1. The grant portion of the award will revert to a zero interest loan. 2. The Department terminates the Contract and declares the entire paid or awarded grant balance and costs of collection immediately due and payable. 3. The Department may repossess all nonexpendable tangible personal property used in the performance of this Contract. 5.4 Funding for this Project is subject to the continued financial support of the State of Iowa. If the State discontinues funding, this Contract may be terminated or amended by the Department. 5.5 Ninety (90) days after the end of the Time of Performance the Department shall de-obligate any un-used award monies from the Project. ARTICLE VI. INSURANCE 6.1 The Contractor shall submit to the Department a copy of the Contractor's Certificate of Insurance and a written statement to attest that the Contractor holds an adequate level of insurance to insure items funds. This documentation shall be submitted before the time of purchase of grant and/or loan funded items unless approved by the DNR Project Officer. 6.2 The Department or its advisors shall have access for the purpose of examination of any insurance policy and associated records regarding insurance coverage of any item purchased or constructed using funds under this Contract. 6.3 The Contractor shall maintain an adequate level of insurance for the period set forth under Term of Contract. GENERAL CONDITIONS SECTION 1. ENTIRE AGREEMENT Page 128 of 158 This Contract with all attachments and references constitutes the entire Agreement between the Department and the Contractor with respect to the subject matter hereof, and the Contractor acknowledges that it is entering into the Contract solely on the basis of the terms and conditions herein contained and not in reliance upon any representative statement, inducement or promise, whether oral or written, not contained herein. SECTION 2. AMENDMENT The Department or the Contractor may initiate an amendment to this Contract. Any amendment is effective only if in writing and agreed to by the Department and the Contractor. The amendment shall be effective as of the date it is agreed upon, unless otherwise specified in the amendment. SECTION 3. AVAILABILITY OF DATA All information and data obtained by the Contractor in connection with the Contract shall be made available to the Department. Such information and data shall become the property of the Department except that which is necessary for the patent or copyright purposes of the Contractor. SECTION 4. ASSUMPTION OF RISK AND LIABILITIES The Contractor shall assume all risks and liabilities in connection with the performance of the Contract and shall be responsible for all claims, demands, action or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein, except to the extent caused by the State of Iowa. The Contractor shall indemnify and hold harmless the Department, its employees, agents or representatives, and the State of Iowa from all claims, demands, actions or causes of actions, arising out of or by reason of the execution or performance of the work provided for herein, and shall be responsible for all attorney fees, costs and expenses incurred by the Department, its employees, agents or representatives and the State of Iowa, except to the extent caused by the State of Iowa. SECTION 5. TRANSFER OF WORK The Contractor shall not transfer or assign any part or portion of the work on the Contract without the prior written consent of the Department. SECTION 6. REVIEW OF WORK The Department shall have the right to review and observe, at any time, completed work or work in progress on the Contract. SECTION 7. COMPLIANCE REQUIREMENTS The contractor shall comply with all local, state, and federal statutes, ordinances, and rules or other requirements applicable to the establishment and operation of the contractor's facility. SECTION 8. ACCOUNTS AND RECORDS 8.1 The Contractor agrees to maintain books, documents, and other records pertaining to all costs and expenses incurred and revenues acquired during this Page 129 of 158 Contract to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed. The Contractor shall be prepared to support charges for salaries and wages by time, attendance and payroll records. 8.2 The Department, State Auditor, or any of their duly appointed representatives, shall have access for the purpose of audit and examination to any books, documents, papers and records of the Contractor which are pertinent at all reasonable times during the period of retention provided for in Sections 8.3, 8.4, and 8.5 below and shall have the right to make copies of excerpts or make other transcriptions thereof, subject to the provisions of 199 Iowa Administrative Code Section 1.9 and Iowa Code Chapter 22. 8.3 All records in the possession of the Contractor pertaining to this Contract shall be retained by the Contractor for the period of five (5) years beyond the ending date set forth under Term of Contract. 8.4 Records relating to any litigation or claim arising out of the performance of this Contract, or costs or expenses of this Contract to which exception has been taken as a result of inspection or audit, shall be retained by the Contractor until such litigation, claim, or exception has been finally settled or until five years from the ending date of Term of Contract has expired, whichever occurs later. 8.5 The Contractor, in maintaining Contract expenditure accounts and records and reports, shall make any necessary adjustments to reflect refunds, credits, underpayments or overpayments, as well as any adjustments resulting from any administrative reviews and audits by the United States or by the State of Iowa or by the Contractor. Such adjustments shall be set forth in the financial reports filed with the Department. SECTION 9. UNALLOWABLE COSTS The following costs are unallowable under this Contract: a) Legal expenses for the prosecution of claims against the Department, the State of Iowa, the Federal Government, or any subdivision thereof; b) The difference in costs between first class air accommodations and less than first class air accommodations, unless less than first class air accommodations are not available; c) Bad debts (any losses arising from uncollectible accounts and other claims and related costs); d) Contingencies (contributions to a contingency reserve or any similar provision for unforeseen events); e) Contributions or donations; f) Entertainment (costs of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodgings, rentals, transportation, and gratuities); g) Fines and penalties (costs relating from violations of, or failure to comply with federal, state and local laws and regulations); h) Other financial costs (interest on borrowings -- however represented, bond discounts, costs of financing and refinancing operations, and legal and professional fees paid in connection therewith); i) Insurance premiums and other costs associated with insuring items purchased using loan funds; j) Office equipment such as furniture and computers, etc. Page 130 of 158 SECTION 10. TERMINATION OF CONTRACT 10.1 Termination for cause - The Department may terminate this Contract in whole or in part, at any time before the expiration date, whenever the Department has determined that the Contractor has materially failed to comply with the conditions of the Contract. The Department shall promptly notify the Contractor in writing of the determination and reasons for the termination, together with the effective date. Payments made to the Contractor or recoveries by the Department under Contracts terminated for cause shall be in accord with the legal rights and liabilities of the parties. 10.2 Termination for convenience - The Department or Contractor may terminate the Contract in whole or in part when both parties agree that the continuation of the Contract would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The Contractor shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The Contractor shall prepare and deliver to the Department copies of a final report, within sixty (60) days, summarizing the work performed and the results obtained to date, together with such information and items which, if the Contract had been completed, would have been required to be furnished to the Department. SECTION 11. PERSONNEL 11.1 Selection - The Contractor represents that it has, or will secure, all personnel required in performing the work and services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Department. 11.2 Qualification - All of the work and services required hereunder will be performed by the contractor or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. 11.3 Change of Key Personnel - Any individual specified by name under the article Key Personnel within the Special Conditions herein is considered essential to the work and services to be performed. If for any reason substitution for a specified individual becomes necessary, the contractor shall provide immediate written notification of such to the Department. The Contractor shall provide the name and resume of qualifications for the replacement individual. Any replacement shall be subject to the approval of the Department. SECTION 12. EFFECT OF INVALIDITY If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record in this state, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict with the law and such remaining portions of the Contract shall remain in effect and shall be construed as if such invalid or conflicting portions were not contained herein. Page 131 of 158 SECTION 13. LITIGATION 13.1 The Contractor agrees to pay the cost of any litigation arising from failure of the contractor to comply with the conditions or terms of this Contract or resulting from the negligence or incompetence of the Contractor. In carrying out the provisions of the Contract or in exercising any power or authority otherwise, it is understood that in such matters the Department acts for the State. 13.2 The venue for any cause of action based upon this Contract by either party to this Contract, shall be in Polk County, Iowa, and the law of the State of Iowa shall apply. SECTION 14. ASSURANCE 14.1 The Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age, political belief, or handicap, in its employment practices. Such employment practices may include, but are not limited to, recruitment, recruitment advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility programs, or other forms of compensation and use of facilities. 14.2 The Contractor will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or representative of the Contractor's commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 14.3 The Contractor will comply with all relevant provisions of the Iowa Civil Rights Act and Iowa Code 196.7, Iowa Executive Order#15 of 1973, and Title VI of the Civil Rights Act of 1964 (PL 88-352). The Contractor shall furnish all information and reports requested by the department and will permit access to its payroll and employment records by the Department or the Department's grantor agency for purposes of investigation to ascertain compliance with this nondiscrimination clause consistent with Iowa Code Chapter 22. The contractor may be required to make available upon request its Affirmative Action Program containing goals and time deadline. Any breach of the above provisions shall be regarded as a material breach of Contract and justification for termination for cause. 14.4 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further action, and such sanctions may be imposed and remedies invoked, as provided by the Iowa Civil Rights Act, Chapter 216, Code of Iowa, as heretofore and hereinafter amended, or as otherwise provided by law. SECTION 15. CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Department shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract price or Page 132 of 158 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. SECTION 16. OFFICERS NOT TO BENEFIT No officer or employee of the State shall participate in any decision relating to this Contract that affects his or her personal interest or the interest of any corporation, partnership, or association in which he or she is directly or indirectly interested; or have any interest, direct or indirect, in this Contract or the proceeds thereof. CONTRACT SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have executed this Contract. CITY OF WATERLOO IOWA DEPARTMENT OF NATURAL RESOURCES By: By: Name: Quentin Hart Name: Michael Sullivan Title: Mayor-City of Waterloo Title: Supervisor Solid Waste and Contaminated Sites Section Date: Date: Page 133 of 158 CITY OF WATERLOO Council Communication Resolution approving an Architectural Services Agreement with Align Architecture and Planning of Waterloo, Iowa, in the amount of$3,500, plus mileage and printing costs, in conjunction with the evaluation of the Dunmore House, 902 Logan Avenue, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/21/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ Align Report Backup Material Resolution approving an Architectural Services Agreement with Align Architecture and Planning of Waterloo, Iowa, in the amount of$3,500, 121us SUBJECT: mileage and printing costs, in conjunction with the evaluation of the Dunsmore House, 902 Logan Avenue. and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve resolution The City acquired the Dunmore House with plans to have donations fix up the building for reuse. Those donations have not happened, and the building Summary Statement: is in disrepair. This evaluation will outline what the City would need to do to rehabilitate the structure to be reused/sold as a house or as a potential office/museum location. Expenditure Required: $3,500 plus potential printing costs and mileage costs Source of Funds: Bond funds Policy Issue: Historic preservation Alternative: Not approve The City acquired the house (2012) -the oldest limestone house in Waterloo for preservation purposes as it was falling into disrepair under private ownership. There were people in community that wanted to raise funds and Background Information: donations to fix up. That has not transpired. City staff is attempting to find a way to save the house, with funding options known in advance for a potential project. This study will evaluate our options to move ahead. Page 134 of 158 September 9, 2020 ■ a ! inr1 architecture &planning Noel Anderson Community Planning & Development Director City of Waterloo Community Planning & Development Department City Hall 715 Mulberry Street Waterloo, Iowa 50703 Re: Proposed Architectural Services Dunsmore House Evaluation & Report Dear Noel, Thanks for the opportunity to provide a proposal for architectural services to evaluate the condition and options for the potential redevelopment of the historic Dunsmore House. This is a very interesting piece of Waterloo history and presents some unique challenges to finding the best use for the house going forward. Based on our walk though of the house with you and other staff members and our other discussions we propose the following services to help the city determine how to move forward with the Dunsmore House. Dunsmore House Evaluation and Report We propose to document the physical condition of the existing house through photos and 3d scanning and produce floor plans of the existing layout. We will investigate the potential restoration of the existing house structure to be used as a home again or the potential to be be converted to another use such as an office or museum. Other potential uses may be investigated and discussed with you through the evaluation process. Cost estimates for needed repairs and the various uses of the house will be done. The goal will be to find the best potential option(s) for the restoration and preservation of the historic structure that will be sustainable going forward. The completed evaluation and report will provide the following: • Floor Plan drawings and photos of the existing conditions with notes on needed repairs and issues that need attention on the house. • A written evaluation of potential options for restoration and reuse of the house. Pros and cons for various options will be discussed. • Preliminary cost estimates of repairs and potential various options for use of the house for budgeting and evaluation purposes. We propose to provide these services at our standard hourly rates not to exceed $3,500.00 plus reimbursable expenses for mileage and reproduction/ printing costs. 327 E.4th Street,Suite 204 Waterloo,Iowa 50703 (319)233-1163 www.ali r q8 0 5 of 158 Our standard hourly rates are as follows: Principal Architect $130.00/hr. Preservation Architect $120.00/hr. Landscape Architect $115.00/hr. Registered Architect $105.00/hr. Architect Intern III $90.00/hr. Architect Intern II $80.00/hr. Architect Intern I $70.00/hr. Draftspersons $60.00/hr. Office Administration $45.00/hr. I would be happy to discuss this proposal in detail and clarify any questions you may have. We can modify this proposal if desired to best suit your needs. If this proposal provides what you need and you would like to proceed on this basis we can use this letter as our agreement for architectural services. If you are comfortable using this this letter as our agreement please sign this letter and return a copy to our office as our agreement for the architectural services described. I look forward to the opportunity to work with you and everyone involved on this project. Please feel free to call me with any questions or concerns. ,Ov�e� Martin P. Holst, Managing Partner By: Align Architecture & Planning City of Waterloo 2 Page 136 of 158 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with GBS Development, LLC, for the construction of up to twelve (12)two-unit residential buildings, for a total of up to twenty-four(24)units, located north of 669 S. Hackett Road, including a Development Grant of$5,000 per unit, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/21/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ Agreement Backup Material Resolution approving a Development Agreement with GBS Development, LLC, for the construction of up to twelve (12)two-unit residential buildings. SUBJECT: for a total of up to twenty-four(24)units, located north of 669 S. Hackett Road, including a Development Grant of$5.000 per unit, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve the resolution The Developer acquired the 4.4 acres of property in the spring of 2020. Summary Statement: They plan to construct up to 12 two-unit residential structures, with a total of up to 24 units. They will be receiving$5,000 per unit per the Residential Infill Policy for a total of$120,000. Expenditure Required: $120,000 Source of Funds: Bonds Policy Issue: Infill Housing Lot 27,Auditor's Whitney Road Plat in Sections 16 and 21-89-13, City of Waterloo, Black Hawk County, Iowa, except the West 210 feet thereof. AND That part of Lot 28,Auditor's Whitney Road Plat in Sections 16 and 21-89- 13, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the point of intersection of the South line of Maynard Avenue and the East line of Hackett Road, said point lying 30.0 feet South of the North line of said Lot 28; thence East parallel with said North line to a point Legal Descriptions: which is 495.0 feet West of the East line of said Lot 28; thence Southeasterly to a point on the South line of said Lot 28 which is 30.0 feet East of the Northeast corner of Lot 27 in said Auditor's Plat;thence West along the South line of said Lot 28 to the East line of Hackett Road; thence North to the point of beginning. Page 137 of 158 [The above-described property is to be platted as Lots 1 and 2 of Gardner Addition, City of Waterloo.] Page 138 of 158 Preparers -Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 t'3191234-5701 After recording, return to Community Planning$Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between GBS Development, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct two-unit residential buildings and related improvements on property it owns in the City of Waterloo. B. City considers infill residential 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 to encourage that goal. City believes that such development 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 (defined below) 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. Improvements by Company. Company shall construct 10-12, two-unit buildings on the real property described on Exhibit "A" attached hereto (the "Property") for a total of 24 units, completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The value of the Improvements upon completion is estimated to be $ 6 00,000.00. The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and 1 Page 139 of 158 A approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. 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 be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". 2. 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 incentives provided for in this Agreement, 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 after the date of this Agreement (the "Project Start Date"), and construction of Improvements must be Substantially Completed within thirty (30) 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. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and City shall have no further obligation hereunder with respect to such Project. 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 10, and City shall have no further obligation hereunder with respect to such Project. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 3. 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. 4. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives: 2 Page 140 of 158 A. Grants. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 for each unit timely completed, for a total incentive of $120,000.00. B. Land Contribution. City will work to vacate and convey excess right-of-way (the "City Property") along Greenhill Road abutting the Property, including the use of processes required by Iowa Code § 306.22 et seq., to enable Company to use the City Property to meet storm water detention and building setback requirements. Upon completion of all statutory processes, City will convey the City Property to Company by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; and (b) restrictions imposed by City zoning ordinances and other applicable law. Company may, 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. Conveyance of the City Property shall be made in an "AS-IS" condition, other than as expressly set forth in this Agreement. 4.1. Recreation Trail. After Company receives title to the City Property, it shall, at its own expense, relocate the recreational trail to a position closer to Greenhill Road within remaining right-of-way. The relocated trail shall be integrated as seamlessly as possible with those portions of the existing trail that lie outside the City Property, shall be constructed with like materials, and shall be the same width as existing trails. Before building the new trail, Company shall submit to City for review and approval the proposed trail design. Construction of the new trail shall be completed within six (6) months after removal of the existing trail on the City Property or by the Project Completion Date, whichever occurs first. For five (5) years after completion, Company shall warrant the condition of the new trail against defects, including but not limited to significant shifting, settling, or concrete breakage. 5. Reporting. 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. 6. 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. 3 Page 141 of 158 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. 7. 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 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. 8. 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 4 Page 142 of 158 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 construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. 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 on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. 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 a Project Site formerly owned by City. 5 Page 143 of 158 C. 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. 10. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. 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. 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. 11. 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. 6 Page 144 of 158 12. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 13. 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. 14. 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 4426 Wynnewood Drive, Cedar Falls, Iowa 50613, Attention: Managing Member. 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. 15. 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. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by 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 7 Page 145 of 158 default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to 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. 18. 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. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. 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. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, 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. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GBS DEVELOPMENT, LLC By: By: Quentin M. Hart, Mayor Phillip Shirk, Managing Member Attest: Kelley Felchle, City Clerk 8 Page 146 of 158 EXHIBIT "A" Property Description Lot 27, Auditor's Whitney Road Plat in Sections 16 and 21-89-13, City of Waterloo, Black Hawk County, Iowa, except the West 210 feet thereof. AND That part of Lot 28, Auditor's Whitney Road Plat in Sections 16 and 21-89-13, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the point of intersection of the South line of Maynard Avenue and the East line of Hackett Road, said point lying 30.0 feet South of the North line of said Lot 28; thence East parallel with said North line to a point which is 495.0 feet West of the East line of said Lot 28; thence Southeasterly to a point on the South line of said Lot 28 which is 30.0 feet East of the Northeast corner of Lot 27 in said Auditor's Plat; thence West along the South line of said Lot 28 to the East line of Hackett Road; thence North to the point of beginning. [The above-described property is to be platted as Lots 1 and 2 of Gardner Addition, City of Waterloo.] 9 Page 147 of 158 CITY OF WATERLOO Council Communication PLmning, Programming& Zoning minutes of August 4, 2020. City Council Meeting: 9/21/2020 Prepared: 9/15/2020 ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Planning, Programmung& Zoning minutes of August 4. 2020. Submitted by: Submitted By: Page 148 of 158 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING- 4:00 P.M. August 4, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:03 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: None. Members present electronically were: Virginia Wilber, Sylvia Jackson, Cody Leistikow, Craig Holdiman, Eric Donat, and Brandon Schoborg. Members absent were: Steve Trost, Patrisha Serfling, and Sue Flynn. Others present: Aric Schroeder, Seth Hyberger, Chris Western and John Dornoff—Planning Department, and 4 citizens. Others present electronically: Jonathan Grieder—City Council Liaison. I. Approval of the Agenda It was moved by Schoborg, seconded by Donat to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on July 7, 2020. It was moved by Schoborg, seconded by Holdiman to approve the minutes amending minutes to say Wilber was absent and correcting a spelling error. Motion carried unanimously. III. Financial Report June 2020 Schroeder read the financial report. It was moved by Donat, seconded by Leistikow to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There was no oral presentations. V. New Business A. Special Permits 1. Request by Franklin Clapper for a Special Permit to allow for a Hobby Farm located at 3919 Texas Street in a"M-1"Light Industrial District. Dornoff read the staff report recommending denial of the special permit to allow for 13 chickens and one goat and recommend approval of a special permit to allow for 9 chickens with the condition that the property be properly fenced in accordance with the Urban Animal Hobby Farm section of the Zoning Ordinance. Franklin Clapper, 3919 Texas Street, stated that he has had no problems and did not know he needed a permit but came to city hall when he found out. Stated that the dog catcher has told him his goat was the healthiest the dog catcher has seen. Page 149 of 158 Planning and Zoning Commission August 4,2020 Schoborg asked how long the goat has been on the property to which Clapper responded one year. It was moved by Donat, seconded by Schoborg to recommend denial of the special permit for an Urban Animal Hobby Farm with one goat and 13 chickens but recommending approval of the special permit for a Urban Animal Hobby Farm to allow for 9 chickens with the condition that the property be properly fenced in accordance with the Urban Animal Hobby Farm section of the Zoning Ordinance. Motion carried unanimously. 2. Request by Nathan Kalala for a Special Permit to allow for a religious facility to be located at 1712 West 4th Street in a"R-4"Multiple Residence District. Western read the staff report recommending approval of the special permit application. It was moved by Schoborg, seconded by Donat to recommend approval of the special permit as recommended by staff. Motion carried unanimously. B. Plats 1. Request by the City of Waterloo for the Preliminary Plat of Waterloo Air and Rail Park a 12-lot commercial subdivision located north of 3040 Leversee Road in a"M-2,P" Planned Industrial District. Dornoff read the staff report recommending approval of the preliminary plat. It was moved by Leistikow, seconded by Donat to recommend approval of the preliminary plat of Waterloo Air&Rail Park a 12-lot commercial subdivision. Motion carried unanimously. 2. Request by the City of Waterloo for the final plat of Waterloo Air and Rail Park I"Addition a 3- lot commercial subdivision located east of 2510 Leversee Road in a"M-2,P"Planned Industrial District. Dornoff read the staff report recommending approval of the final plat. It was moved by Leistikow, seconded by Donat to recommend approval of final plat of Waterloo Air and Rail Park Ist Addition a 3-lot commercial subdivision. Motion carried unanimously. C. Appeals 3. Request by Ken Doland II for an appeal of the Driveway Policy prohibiting more than one curb- cut on a lot less than 100' in width to allow for a second curb-cut at 914 Reber Street. Hyberger read the staff report recommending approval of the appeal. Leistikow asked if there was intent to build a new garage to which Schroeder responded that it would be difficult to build a garage without variances due to the odd shape of lot and how small it is. Wilber asked if the applicant is going to pave the area to which Schroeder responded that if approved by city council that Engineering will require the approach to be paved and that the Zoning Ordinance will require the portion in the front yard to be paved. The applicant indicated he understood he would have to pave it. Ken Doland II, 914 Reber Street, stated that he needs the additional space especially when the snowplow comes through the area and that there is several homes in the area with approaches that are gravel. - 2 - Page 150 of 158 Planning and Zoning Commission August 4,2020 It was moved by Schoborg, seconded by Serfling to recommend approval of the appeal request. Motion carried 5—1 (Donat voted nay). VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be on September 1St, 2020. VII. Adjournment It was moved by Donat, seconded by Leistikow, to adjourn the meeting at 4:39 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I - 3 - Page 151 of 158 CITY OF WATERLOO Council Communication August 2020 Community Development Board Meeting minutes. City Council Meeting: 9/21/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ August Board meeting Minutes Cover Memo SUBJECT: August 2020 Community Development Board Meeting minutes. Submitted by: Submitted B, y D. Jones, Community Development Director Recommended Action: approval Page 152 of 158 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING August 18,2020 The regular meeting ofthe Community Development Board was held via Zoom at 4:00 p.m.on Tuesday, August 18,2020.Members present:Cam Campbell,John Chiles,Angela Weekley,Zach Hansen,Jenna Northey,Felicia Carter and Cody LeisUow Members absent: Also present:Rudy D.Jones,Community Development Director,Anita Rousselow,Administrative Secretary; Angie Fordyce,Community Development Coordinator;Felicia Smith-Nalls,Neighborhood Services Coordinator;and Noel Anderson,Director of Planning and Zoning,Matt Chesmore,Senior Rehabilitation Specialist and Ray Feuss,City Council A. APPROVAL OF THE AGENDA FOR AUGUST 18,2020 Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Weekley and seconded by Northey to approve the agenda.Motion Carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON JULY 16,2020 Chairperson John Chiles asked for a motion to approve the minutes. It was moved by Hansen and seconded by Campbell to approve the minutes for July 2020.Motion Carried. C. OLD BUSINESS 1. Staff Updates and Lead Grant Jones congratulated Mindy and Kelly on being promoted to permanent status.Staff has been busy with a long list of webinars and handling a lot of emergency repairs.Administrative staff has been busy getting the application for a new lead grant completed.Contractors continue to take the lead training classes but have been unable to test due to sites being closed. 2. COVID-19 Applications Staff is still in the process of reviewing applications;the public notice and comment period will be published in the paper on August 24'and will run through until September 91.Most of the applications, especially the Small Business applications turned in were either incomplete or ineligible.After the lead grant is submitted the applications for public services will be reviewed and all applicants will receive a formal notice in regards to the funds. D. NEW BUSINESS I.Endorse Contracts for July Chairperson John Chiles asked for a motion to approve contracts Leistikow m adea motion to approve contracts for July 2020 and this wasseconded Weekley.Motion carried. 2.Neighborhood Services Smith-Nails mentioned some of the National Night Out neighborhoods are forgoing celebrations this year. A meet and greet was held with Police Chief Joel Fitzgerald in August also. 3.Lead Grant Application FY20 Increased levels of funds for lead hazard control are available for FY20 along with a shorter time frame for applying for the grant.The deadline for the grant submission is August 24 -Staff from Com Dev. and Black Hawk County Health is busily getting all the information gathered to submit the grant. Page 153 of 158 4.Subordination Request-1912 Lorraine Avenue A request for subordination of the loan for 1912 Lorraine Avenue was discussed.The request contained a refinance using a 7/1 Adjustable Rate and a medical bill payoff which are two things Community Development policy prohibits. After discussion the board members rejected the subordination request. Chairperson John Chiles asked for a motion. Leistikow made a motion to reject the subordination request and Campbell seconded that motion. Motion carried Board members suggested we take a took at the policy and maybe make some changes or at least update the wording so it is understandable to all parties.A zoom meeting will be held with 2-3 board members to discuss the policy. DISCUSSION ITEMS 1. General Contractor Inquiry-Policy regarding addressing defects after Completion A request to change a policy by Jeff of Brothers Construction was received in the Community Development office in regards to the board policy on contractor warranty obligation.Brothers Construction wanted the below words in the policy to be eliminated: Section#20 Defects after Completion phrase:Any defects that appear within One Year(1 year)from the completion of the work and arise out of defective or improper materials or workmanship will upon the direction of the City be corrected and made good by the Contractor at his/her own expense. Section#26 Condition for Validity of Agreement #7 Any defects that appear within One Year(1 year)from the completion of the work and arise out of defective or improper materials or workmanship will upon the direction of the City be corrected and made good by the Contractor at his/her own expense eliminated. Roof replacement for asphalt shingled roofs will cant'a workmanship warranty of not less than a Three Years (3 years)from the original installation date.Roof material must be warranted by the original manufacture, through the contractor for a period of not less than Three Years(3 years)from original installation date. Defects,non-weather or disaster related that appear within the time frame indicated above shall be corrected by the contractor at his/her own expense. The program that Community Development has in place that benefits the needs of our low and moderate income has had fewer than 10 cases from its origination where this situation has even applied.A recommendation by the Director that this not be changed or amended was noted. After board discussion it was determined that there would be no changes to the wording of the policy.A letter will be sent to Brothers about the decision of the Board. 2. Additional Projects/programs/Activities Staff at Community Development is in discussions on the submission of the 2020 Wells Fargo and U.S. Conference of Mayors WINS grant at the direction of the Mayor.The program area is being referred to as the Live-Learu Neighborhoods,which encompasses the residential and commercial area between Walnut and Church Row Neighborhoods.We are also finishing the guidelines on the Down Payment Assistance Program. Motion to adjourn was made by Campbell and Northey seconded that motion.Meeting adjourned. Res cctfull�submi d,Board Se etary Page 154 of 158 CITY OF WATERLOO Council Communication Communication from the Street Department on the notice of the conclusion of employment for Cooper Siddell, Street Maintenance, effective September 9, 2020, with recommendation of approval of payout of $3,112.97 for unused benefits. City Council Meeting: 9/21/2020 Prepared: ATTACHMENTS: Description Type Communication from the Street Department on the notice of the conclusion SUBJECT: of employment for Cooper Siddell. Street Maintenance, effective September 9, 2020, with recommendation of approval of payout of$3,112.97 for unused benefits. Submitted by: Submitted By: Page 155 of 158 CITY OF WATERLOO Council Communication Communication from the Street Department on the notice of the conclusion of employment for Kevin Butler, Equipment Operator II, effective September 4, 2020, with recommendation of approval of payout of $4,317.96 for unused benefits. City Council Meeting: 9/21/2020 Prepared: ATTACHMENTS: Description Type ❑ Kevin Butler Payout Backup Material Communication from the Street Department on the notice of the conclusion SUBJECT: of employment for Kevin Butler. Equipment Operator II, effective September 4, 2020, with recommendation of approval of payout of $4,317.96 for unused benefits. Submitted by: Submitted By: Page 156 of 158 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 ` r s Today's Date: 919/2020 Effective Date: 91412020 Employment Date: 5/2511993 To: City Council Members Re: Notice of Severance Department Street Department Job Title/Classification E011 This is to report that the employment of Kevin Butler with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes Resigned ❑ Termination ID Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benetits Total Hours (x)Hourly Rate L Total Payout vacation Accrued 152 $ 28.13 $ 4;275.76 Vacation-Current 1.5 $ 28.13 $ 42.20 Usable Sick Leave (x)25% $ - Frozen Sick Leave (x)60% $ - Personal Hours $ Comp 77me Pay $ _ Unscheduled Leave $ _ Other Pay $ _ Total Payment S A,3i7:96 Comments: VG.i'yCclC 1-1 t�nc�ca ,l ,1 Approved by - 1 Date Human Resourc�s_ ) �( Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel Plle) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 61-28111 Council Agenda Date: ❑ Accruals ❑Status ❑-9 Page 157 of 158 CITY OF WATERLOO Council Communication Communication from the Waste Management Services Department on the notice of conclusion of employment for Laura Winninger, Clerk II, effective September 11, 2020, with recommendation of approval of payout of $1,851.11 for unused benefits. City Council Meeting: 9/21/2020 Prepared: ATTACHMENTS: Description Type Communication from the Waste Management Services Department on the SUBJECT: notice of conclusion of employment for Laura Winninger, Clerk 11, effective September 11. 2020, with recommendation of approval of payout of $1,851.11 for unused benefits. Submitted by: Submitted By: Page 158 of 158