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HomeMy WebLinkAboutCouncil Packet - 4/19/2021 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Meeting will be held virtually via Zoom. Visit https:Hcityofwaterlooiowa.com/register and register to receive the Zoom meeting information. Please contact the City Clerk's Office at 319-291-4323 with questions. Monday, April 19, 2021 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. ELECTRONIC CITY COUNCIL MEETINGS At this time,all meetings of the Waterloo City Council will be electronic because meeting in person is impossible or impractical due to the spread of C011ID-19. Iowa Code Section 21.8,Governor Reynolds'Disaster Emergency Proclamations allow cities to hold electronic meetings and Mayor Hart has issued Civil Emergency Proclamations calling for electronic meetings. Electronic meetings will be held utilizing Zoom video conferencing. Zoom meeting information is available on the city website at httpsJ/cityofwaterlooiowa.coni/register. You may also call the City Clerk's Office at 319-291-4323 or email clerks@waterloo- ia.org to receive the meeting information. Individuals speaking during the electronic regular session or planning session meetings are required to follow the rules for public participation. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A 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 public is required to follow the rules listed in this article when speaking during any meeting of the city council. R At the presiding officer's discretion,individuals may address the presiding officer by stepping to the podium,and after recognition by the presiding officer,shall state their name,address and group affiliation,if appropriate,and speak clearly into the microphone. C. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Page 1 of 364 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting.;Individuals may call the city clerk's office at 319-291-4323 or email clerks@waterloo-ia.org. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENTDURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3)minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer,individuals may speak for a maximum of three(3)minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Patrick Morrissey, Ward 3 Council Member Agenda, as proposed or amended. Minutes of April 5, 2021, Regular Session, as proposed. Proclamation declaring May 1, 2021 as Global Love Day. Proclamation declaring April 25-May 2, 2021 as Arbor Week. Recognition of Waterloo's pee-wee state wrestlers. Award presentation from Main Street Iowa. PUBLIC COMMENTS 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 Page 2 of 364 considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Benjamin Sullivan for tax exemptions on the construction of a new single family home valued at $265,687, for property located at 3366 Lincolnshire Avenue, and located in the City Limits Urban Revitalization Area(CLURA). Submitted By:Noel Anderson, Community Planning and Development Director 3. Resolution approving the request of Casey Dyball for tax exemptions on the construction of a new single family home valued at $500,000, for property located at 4843 Shelley Court, and located in the City Limits Urban Revitalization Area(CLURA). Submitted By:Noel Anderson, Community Planning and Development Director 4. Resolution approving the request of Hayley Bakula for tax exemptions on the construction of a new single family home valued at $285,000, for property located at 1640 Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA). Submitted By:Noel Anderson, Community Planning and Development Director 5. Resolution approving the request of Tyler Mahncke for tax exemptions on the construction of a new single family home valued at $203,075, for property located at 1745 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). Submitted By:Noel Anderson, Community Planning and Development Director 6. Resolution approving the request of Jay and Julie Eckhardt for tax exemptions on the construction of a new single family home valued at $338,918, for property located at 3376 Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA). Submitted By:Noel Anderson, Community Planning and Development Director 7. Resolution approving the request of 3 Sprouts Properties, LLC, for tax exemptions on the construction of home improvements valued at $19,000, for property located at 212 Polk Street, and located within the Consolidated Urban Revitalization Area(CURA). Submitted By:Noel Anderson, Community Planning and Development Director 8. Resolution approving the request of Jeff and Linda Owen for tax exemptions on the construction of home improvements valued at $100,000, for property located at 1222 Northey Street, and located within the Consolidated Urban Revitalization Area(CURA). Submitted By:Noel Anderson, Community Planning and Development Director 9. Resolution approving the request of Kenneth Young for tax exemptions on the construction of home improvements valued at $82,000, for property located at 817 Cloverdale Avenue, and located within the Consolidated Urban Revitalization Area(CURA). Submitted By:Noel Anderson, Community Planning and Development Director 10. Resolution awarding bid to Restoration Services Inc., of Waterloo, Iowa, in the amount of $77,500, in conjunction with the Waterloo Public Library Exterior Facade Repair Project. Submitted By:Noel Anderson, Community Planning and Development Director 11. Resolution setting date of public hearing as May 3, 2021 to approve an Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of property in Black Hawk County in exchange for property in the San Marnan TIF District in the amount of $1,336,269.46 for 28.499 acres, and up to $10,000 in closing costs, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 12. Resolution approving a RISE grant application for an Immediate Opportunity Project, designating the Mayor as the official representative of the City, authorizing the Mayor to Page 3 of 364 affix his signature to said application, providing financial assurances in conjunction with same, accepting responsibility for improvements to East Lake Street extension, for a total project cost of $598,903.75, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021, and date of public hearing as May 3, 2021, in conjunction with Demolition Services, Contract No. D-2021-05-7P, located at 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 14. Resolution setting date of public hearing as May 3, 2021, for the sale and conveyance of city owned property located at 928 Mulberry Street, in the amount of $2,730, to David Deeds, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 15. Resolution setting date of public hearing as May 3, 2021, for the sale and conveyance of City property located northeast of 712 W Park Avenue, in the amount of$1.00, to Iowa Heartland Habitat for Humanity, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 16. Resolution approving Acknowledgment/Settlement Agreement-First Violation and check in the sum of$300 for Kings and Queens Club, 304 W. 4th Street, Waterloo, Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Martin M. Petersen, City Attorney 17. Resolutions setting date of public hearing as May 3, 2021 on the proposed issuance of the following bonds and instruct the City Clerk to publish notice. (Details on projects covered by each hearing are on file for review.) (a) GCP-2 -Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (b) GCP-3 -Not to exceed$700,000 General Obligation Bonds (General Corporate Purpose) (c) ECP-UR-4 - Not to exceed $1,300,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Submitted By:Michelle Weidner, Chief Financial Officer 18. Resolution approving Variance to Noise Ordinance request from K. Cunningham Construction Co., Inc. from April 12 - October 31, 2021, from 7:00 p.m. to 7:00 a.m. in conjunction with saw cutting of PCC Paving on University Avenue from Evergreen Avenue to Knoll Avenue. Submitted By: Corbin Payne, Police Lieutenant 19. Resolution approving Completion of Project and Acceptance of Work for work performed by Municipal Pipe Tool Co., LLC, of Hudson, Iowa and release of retainage in the amount of$38,509.69, in conjunction with the FY 2020 CIP Pipelining Phase IVA, and receive and file a two year maintenance bond. Submitted By:Brian Bowman, Treatment Operations Supervisor 20. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish said notice. Page 4 of 364 Submitted By:Noel Anderson,Community Planning and Development Director 21. Resolution approving preliminary specifications, form of contract, etc., setting date of bid opening as May 13, 2021, and public hearing as May 17, 2021, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and instruct City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 22. Resolution approving cancellation of special assessments for properties located at 214 Cottage Street, 413 Wellington Street and 118 Shilliam Avenue, and authorizing 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. TRAVEL REQUESTS a. Michelle Weidner, CFO Class/Meeting: Iowa Governmental Roundtable Destination: In-office webinar Dates: 5/18/2021 Amount not to exceed: $265 b. Michelle Weidner, CFO Class/Meeting: Government Finance Officers Association Virtual Conference Destination: In-office Webinars Dates: 7/12-23/2021 Amount not to exceed: $420 C. LeAnn Even, Deputy City Clerk Class/Meeting: Municipal Professionals Academy Destination:Ames, IA Dates: July 28-30, 2021 Amount not to exceed: $526 d. Officer Chris Roberts Class/Meeting:ASP Baton Instructor Certification Destination:Newton, IA Dates:May 4-6, 2021 Amount not to exceed: $355 e. K-9 Officers Bovy, Ehlers, Herkelman and Lindaman Class/Meeting: Dogs for Law Enforcement Certification Destination: Independence, IA Dates:May 3-7, 2021 Amount not to exceed: $1,500 2. LIQUOR LICENSES a. Cadillac Lanes, 650 LaPorte Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/27/2022 Page 5 of 364 b. National Dairy Cattle Congress, 250 Ansborough Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date:2/28/2022 C. Prime Mart, 508 Broadway Street Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 3/31/2022 d. Tokyo Japanese Steakhouse, 1931 Sears Street Class: C Liquor Renewal Application Includes Sunday Expiration Date:2/13/2022 3. Recommendation of appointment of Cody Marsh from the Civil Service List to the position of Systems Analyst, in the Information Technology Department, effective April 29, 2021. Submitted By: Chris Youngblut, Director of Information Technology 4. Motion approving Change Order No. 8 with Cardinal Construction Inc., of Waterloo, Iowa, for no increase to the project total, in conjunction with the Five Sullivan Brothers Convention Center Penthouse Chiller Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 5. Motion approving Change Order No. 11 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $1,864, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 6. Bonds. PUBLIC HEARINGS 2. Request by Douglas C. Miller to rezone 2.71 acres, located at 6415 Kimball Avenue, from "A-1"Agricultural District to "R-1" One and Two Family Residence District. 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 Douglas C. Miller to rezone 2.71 acres, located at 6415 Kimball Avenue, from "A-1"Agricultural District to "R-1" One and Two Family Residence District. 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, formerly a platted alley located south of 118 Clark Street, to CJ Investment Properties, LLC, in the amount of$1,019.54. Motion to receive and file proof of publication of notice of public hearing. Page 6 of 364 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 property, formerly a platted alley located south of 118 Clark Street, to CJ Investment Properties, LLC, in the amount of $1,019.54, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 4. Sale and conveyance of city owned property located at 225 Newell Street, in the amount of$154,400, to Jason Thaw. 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 property located at 225 Newell Street, in the amount of$154,400, to Jason Thaw, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 5. Purchase of one (1) 2022 mid-sized multi-passenger vehicle for the City Motor Pool. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motions to close hearing and receive and file oral and written comments. Resolution confirming specifications, bid document, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of bid to Witham Auto Center of LaPorte City, Iowa in the amount of$ 25,556. Submitted By: Randy Bennett, Public Works Manager 6. FY 2021 Waste Water Treatment Plant and Lift Stations Mowing Contract. Motion to receive and file proof of publication of notice of public hearing, HOLD HEARING-No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to Wilson Custom Tree of Cresco, Iowa, at an estimated yearly cost of $31,410, and approving the contact, bond and certificate of insurance in conjunction with the F Y 2021 Waste Water Treatment Plant Lift Stations Mowing Contact, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor 7. Park Avenue Bicycle Signal Project. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Bids to be opened by Iowa Department of Transportation. Submitted By: Mohammad Elahi, Traffic Engineer 8. Downtown Traffic Camera and Fiber Optic Project, Iowa DOT Grant Project No. S TB G-S WAP-8155(769). Motion to receive and file proof of publication of notice of public hearing. Page 7 of 364 HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Bids to be opened by Iowa Department of Transportation. Submitted By: Mohammad Elahi, Traffic Engineer RESOLUTIONS 9. Resolution approving a request by Steve Troskey, on behalf of CGA Consultants, for appoval of the final plat of Gardner Addition, a 2-lot residential subdivision located north and east of 603 S. Hackett Road, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 10. Resolution approving submission of the FY 2022-2023 Historical Resource Development Grant application to the Iowa Department of Cultural Affairs, in the amount of $11,150, to perform phase II of the Northeast Triangle Intensive Historic Survey, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 11. Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., originally executed January 1, 2021, in the amount of $46,000, for professional design fees and related services, and adjusting construction costs to $560,000, in conjunction with the Five Sullivan Brothers Renovation of the Second Floor Meeting Rooms and Adjacent Lobby Space Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 12. Resolution accepting a deed from Hawkeye Community College for a home located at 225 Newell Street, in the amount of $137,500, per the Project Addendum Agreement previously approved on October 16, 2017, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 13. Resolution approving a Memorandum of Understanding with Iowa Northland Regional Council of Governments for preparation of a RISE grant application for the East Lake Street extension and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 14. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $225,000, in conjunction with the FY 2021 Biennial Bridge Review Program, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 15. Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018, and instruct the City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 16. Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with AECOM Technical Services, Inc., originally executed June 26, 2017, in an amount not to exceed $320,000, for Construction Review Services, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs Phase I Project, Contract No. 951, and authorizing the Mayor to Page 8 of 364 execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 17. Resolution temporarily changing Randolph Street from West 4th Street to West 5th Street from one-way traffic to two-way traffic, during the West 4th Street Construction Project. Submitted By: Sandie Greco, Traffic Operations Director ORDINANCES 18. An ordinance establishing grades for the City of Waterloo FY 2021 Sidewalk Repair Assessment Program—Zone 10, Contract No. 1018. Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2021 Sidewalk Repair Assessment Program— Zone 10, Contract No. 1018. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 19. An ordinance prohibiting the use of consumer fireworks. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo City Code of Ordinances by amending Subsection B, Prohibitions and Use, of Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Margaret Klein, Ward 1 Council member 20. Amendment to the 657A Nuisance Ordinance. Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3, Nuisances Prohibited, of Chapter 2, Nuisances, Title 4, Public Health and Safety, and enacting in lieu thereof a Section 3, Nuisances Prohibited, of Chapter 2, Nuisances, Title 4, Public Health and Safety. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Martin Petersen, City Attorney 21. Ordinance amending City of Waterloo Electrical Code. Motion to receive, file and consider and pass for the first time an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, Electrical Regulations, of Title 9, Building Regulations, Section 5, National Electrical Code Adoption and Section 6, National Electrical Code Amendments. Motion to suspend the rules. Motion to consider and pass for the second and third time and adopt said ordinance. Submitted By: Greg Alhelm, Building Official ADJOURNMENT Motion to adjourn. Kelley Felchle Page 9 of 364 City Clerk MEETINGS 4:25 p.m. Work Session 5:10 p.m. Finance Committee PUBLIC INFORMATION 1. Complete Street minutes of February 23, 2021. 2. Historic Preservation Commission minutes of February 16, 2021. 3. Planning, Programming and Zoning special meeting minutes of February 2, 2021 and regular meeting minutes of February 19, 2021. 4. Certified List for the position of Fire Captain for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on March 19, 2021. 5. Certified List for the position of Fire Lieutenant for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on March 19, 2021. 6. Certified List for the position of Systems Analyst for the City of Waterloo, Iowa Information Technology Department, as certified by the Civil Service Commission on March 19, 2021. Page 10 of 364 CITY OF WATERLOO Council Communication Minutes of April 5, 2021, Regular Session, as proposed. City Council Meeting:4/19/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of April 5, 2021 Backup Material Submitted by: Submitted By: Page 11 of 364 April 5, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session via Zoom video conference, at 5:30 p.m., on Monday, April 5, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward 1 Council Member 159731 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, April 5, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159732 - Juon/Grieder that the Minutes, as proposed, for the Planning Session on Monday, March 29, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring April 5-9, 2021 as National Community Development Week. Proclamation declaring April 2021 as Sexual Assault Awareness Month. Proclamation declaring April 2021 as Fair Housing Month. Swearing in of(1) new Police Officer, Chase Hershey. PUBLIC COMMENTS Mrs. Klein commented that the city is missing community building moments by not holding the meetings in person. By not holding meetings in person, it is discriminating in the sense that there are groups of people that are unable to participate electronically. Kelley Felchle, City Clerk, explained that the Mayor informed staff that the council meetings could resume in person at the first meeting in May. She further explained that the reason for waiting until May, in part, is due to public hearing notices for April that have already been published with instructions for participating in the meeting via Zoom. Mr. Morrissey commented that in January, the Mayor and the head of the Planning and Zoning Department agreed that Mr. Gary Stephens and Mr. Willie Outlaw would have their individual agreements with the city completed by the end of March, and it has not happened. He then listed the various dates the city repeated these promises and the dates they could expect the agreements to be complete, yet nothing has happened. He stated the reasons given as to why there were delays but has since learned they were untrue. Mr. Stephens has seen the cost of his development increase by over $10,000 due to the lack of action. He asked staff to live up to their word and be honorable on these matters. He commented on the ultra-high performance concrete for bridge restoration and repair as reported by the EDC Weekly Newsletter from the United States Department of Transportation and Federal Highway Administration. Because of its superior strength and durability and the cost effectiveness, he questioned why the city is not using this ultra-high performance concrete on the two bridges about to be reconstructed. He questioned when the Mayor would be getting an emergency entrance and exit for the businesses at Grandview and Clark and explained why this should be flagged as a high priority. 159733 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159734 - Juon/Grieder that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: Page 12 of 364 April 5, 2021 Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated April 5, 2021, in the amount of$3,199,008.19 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. 2021-179. 2. Resolution approving Acknowledgment/Settlement Agreement, and check in the amount of $300, from Greenleaf Tobacco &E-Cigs, 1503 E. San Martian Drive, Waterloo, Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-180. 3. Resolution accepting U.S. Department of Justice Assistance Grant monies in the amount of$23,000, with no City match, in conjunction with Coverdell Forensic Science Improvement Grant, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-181. 4. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $356,571.89, and release of retainage in the amount of$17,828.59, in conjunction with the FY 2019 Wing Dike City Project No. 966, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-182. 5. Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of$166.67 per motorcycle, per month, for a total amount of$4000, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-183. 6. Resolution approving Acceptance of Improvements for work performed by Woodruff Construction, LLC, of Waterloo, Iowa, in conjunction with Airline Passenger Terminal Building First Floor Area Carpet Installation Project, and release of final retainage in the amount of$4,119.21. Resolution adopted and upon approval by Mayor assigned No. 2021-184. 7. Resolution approving Variance to Noise Ordinance request from Phyllis Simpson, in conjunction with a Gospel Celebration and Birthday Celebration to be held on May 14-15, 2021 from 10:00 a.m. to 9:00 p.m., at 916 Ash Street, including the use of a PA system and live music. Resolution adopted and upon approval by Mayor assigned No. 2021-185. 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the Traffic Control Center Remodel Project, Iowa Department of Transportation Grant Project Number STP-U-8155(755)--70-07, and instruct the City Clerk to publish Notice. Resolution adopted and upon approval by Mayor assigned No. 2021-186. 9. Resolution approving preliminary plans, specifications, form of contract, etc., and setting date of public hearing as April 19, 2021, in conjunction with the Park Avenue Bicycle Signal Project, Iowa DOT Grant Project Number TAP-U-8155(767)--81-07, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-187. Page 13 of 364 April 5, 2021 Page 3 10. Resolution approving preliminary plans, specifications, form of contract, etc., and setting date of public hearing as April 19, 2021, in conjunction with the Downtown Traffic Camera and Fiber Optic Project, Iowa DOT Grant Project Number STBG-SWAP-8155(769), and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-188. 11. Resolution setting date of public hearing as April 19, 2021, to approve the request by Douglas C. Miller to rezone 2.71 acres from "A-1"Agricultural District to "R-1" One and Two Family Residence District, for property located at 6415 Kimball Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-189. 12. Resolution setting date of public hearing as April 19, 2021, for the sale and conveyance of City property located at 225 Newell Street, in the amount of$154,400, to Jason Thaw, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-190. 13. Resolution setting date of public hearing as April 19, 2021 to approve the sale and conveyance of city owned property, formerly a platted alley located south of 118 Clark Street, to CJ Investment Properties, LLC, in the amount of$1,019.54, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-191. 14. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the FY 2021 Asphalt Overlay Program, Contract No. 1022, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-192. 15. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the FY 2022 Levee Rip Rap Spraying, Contract No. 1047, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-193. 16. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 29, 2021 and date of public hearing as May 3, 2021, in conjunction with the FY 2021 Shaulis Road Reconstruction- Hess Road to Hwy. 218 Project, Contract No. 1020, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-194. 17. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of a 2021 - demo Ford F350 Super Duty truck from Victory Ford of Dyersville, Iowa, in the amount of$36,597.56, to be used for Animal Control Services. Resolution adopted and upon approval by Mayor assigned No. 2021-195. b. Motion to approve the following: Page 14 of 364 April 5, 2021 Page 4 1• Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Officers K. Sommer Street Cop Training: Raymond, April 19, 2021 $398 and A. Ehlers Identifying Criminal IA Vehicles and Occupants b. Officers A. Frenz, J. Iowa Law Enforcement Johnston, IA May 3 - $26,000 Bolstad and M. McGee Academy Basic Officer August 20, Certification 2021 c. Scott Krozek and One day training for Orange City, Tentatively $385 Jeremiah Luck 2021 -EZ Liner Model IA May 18-19, TS-AL120 Truck 2021 Mounted Striping Machine d. Kelly Martin, Housing Quality Virtual March 22-26, $655 Rehabilitation Standards Certification Zoom 2021 Specialist 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Casey's General Store#2866, B Wine/C Beer/E Renewal 2/28/2022 x 51 E. Tower Park Drive Liquor b. Cork's Grocery, 1956 C Beer Renewal 4/30/2022 x Lafayette Street c. Dollar General Store#10073, B Wine / C Beer New 2/28/2021 x 3815 University Avenue *Ownership Update* d. Dollar General Store#4698, B Wine / C Beer New 2/28/2022 x 2935 Logan Avenue *Ownership Update* e. Dollar General#4698, 2935 B Wine/C Beer Renewal 2/28/2022 x Logan Avenue f Hometown Foods, 1010 E. B Wine / C Beer/E Renewal 4/30/2022 x Mitchell Avenue Liquor g. Hy-Vee Food Store#1, 2834 B Wine/C Beer/E Renewal 3/23/2022 x Ansborou h Avenue Liquor h. Jim's Food, 437 Sullivan B Wine/C Beer/E Renewal 4/14/2022 x Avenue Liquor i. Jim Lind Service, 230 E. C Beer New 3/14/2022 x Ridgeway Avenue j. La Michuacana Restaurant, C Liquor Renewal 3/26/2022 x 1221 Franklin Street k. Mersim's Kitchen, 126 E. B Native Wine/C Liquor New 3/14/2022 x Ridgeway Avenue, Ste. A w/Outdoor Service 1. On The Rocks, 708 Jefferson C Liquor w/Outdoor Renewal 3/27/2022 x Street Service m. Sam's Club#6514, 210 E. B Wine/C Beer/E Renewal 2/28/2022 x Tower Park Drive Liquor n. The Snack Shack#2, 189 W. C Beer/E Liquor Renewal 2/28/2022 x 11th Street 3. Motion approving Change Order No. 1 with Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for a net decrease of $2,922.67, in conjunction with the FY 2020 CIP Pipelining Phase IVA Project, Contract No. 1014, and authorizing the Mayor to execute said document. Page 15 of 364 April 5, 2021 Page 5 4. Exception to Burning Yard Waste Application by Vincent McFadden to burn 23 acres of mixed flowers and native grass at the corner of Osage Road and Skyview Road from March to April 2021, weather permitting. 5. Recommendation of appointment of Jeramey See and Jason Sandoval from the Civil Service List to the position of Solid Waste Technician with Jason Sandoval's effective date as April 6, 2021 and Jeramey See's effective date as April 19, 2021. 6. Motion approving Change Order No. 5 with Kidder Construction, Inc., of Waterloo, Iowa, for a net increase of$7,788.61, in conjunction with the Public Works Truck Wash Area Improvements Project, and authorizing the Mayor to execute said document. 7. Motion approving change order No. 3, in conjunction with the Five Sullivan Brothers Convention Center Skywalk Improvements project in an amount not to exceed$4,000 and authorize the Mayor to execute said amendment. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 159735 - Morrissey/Grieder that proof of publication of notice of public hearing on Business Property Lease with IPE 1031 REV279, LLC (Cardinal Construction), for the use of property located west of 1318 Martin Road, in the amount of$1,000 per year, as published in the Waterloo Courier on March 22, 2021, 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. 159736 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159737 - Morrissey/Grieder that "Resolution approving Business Property Lease with IPE1031 REV279, LLC, for property located west of 1318 Martin Road, for the ground lease of Tract `B", Brock Third Addition, in the amount of$1,000 per year, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-196. 159738 - Feuss/Grieder that proof of publication of notice of public hearing on Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of 514 Johnson Street to Hawkeye Community College, as published in the Waterloo Courier on March 22,2021,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. 159739 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159740 - Feuss/Grieder that "Resolution approving the Project Addendum to Agreement for Residential Housing Construction, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll- call vote-Ayes: Six. Nays: One (Klein). Motion carried. Page 16 of 364 April 5, 2021 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2021-197. 159741 - Feuss/Grieder that "Resolution authorizing the sale and conveyance of 514 Johnson Street in accordance with a Project Addendum to the Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Morrissey questioned where the third property is located. Noel Anderson, Community Planning and Development Director, provided an overview of the location of the houses. Resolution adopted and upon approval by Mayor assigned No. 2021-198. 159742 - Amos/Feuss that proof of publication of notice of public hearing on FY 2021 Street Reconstruction Program, Contract No. 1023, as published in the Waterloo Courier on March 22, 2021, 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. 159743 - Amos/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159744 - Amos/Feuss 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. 2021-199. 159745 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate Base Bid+Alternate A - $3,969,107.05 Base Bid+Alternate B - $3,977,887.98 Bidder Bid Security Total Bid Amount Aspro, Inc. ° Base+Alt. A— $3,869,846.51 Waterloo, IA 5�0 Base+Alt. B—No Bid Voice vote-Ayes: Seven. Motion carried. 159746 - Amos/Feuss that "Resolution approving award of bid to Aspro, Inc., of Waterloo, Iowa, in the amount of $3,869,846.51, approving the contract, bond and certificate of insurance, in conjunction with the FY 2021 Street Reconstruction Program, Contract No. 1023, 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. 2021-200. 159747 - Feuss/Grieder Page 17 of 364 April 5, 2021 Page 7 that proof of publication of notice of public hearing on 2021-2023 Right-of-Way Mowing Contract, as published in the Waterloo Courier on March 22, 2021,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. 159748 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159749 - Feuss/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. 2021-201. 159750 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate Per Acre: Option A $59.00 Option B $56.00 Option C $53.00 Bidder Bid Security Bid Amount Professional Lawn Care LLC Option A $58.75 Waterloo, IA 5% Option B $54.50 Option C $61.75 B&B Lawn Care Inc. Option A $53.73 Waterloo, IA 5% Option B $56.17 Option C $53.73 Voice vote-Ayes: Seven. Motion carried. 159751 - Feuss/Grieder that "Resolution approving award of bid to B & B Lawn Care, Inc., of Waterloo, Iowa, in the amount of$53.73/acre Option A, $53.73/acre Option C, and to Professional Lawn Care, LLC, of Waterloo, Iowa, in the amount of $54.50/acre Option B, in conjunction with the 2021-2023 Right-Of-Way Mowing Contract, approving contract, bonds, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-202. 159752 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2022 Complaint Mowing with Complaint Snow Removal Contract, as published in the Waterloo Courier on March 22, 2021, 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. The City Clerk read comments from Mr. Rod Adams, owner/operator of B&B Lawn Care. He stated that the bid documents clearly stated that all bids must be accompanied by a certified check, which his company provided but the other company did not. He contacted Code Enforcement on the issue and they referred him to the City Attorney. Page 18 of 364 April 5, 2021 Page 8 Martin Petersen, City Attorney, explained that though the low bidder did not provide a check, they did post a security bond, and he does not find this irregularity to be fatal to the procedure. He therefore recommends council proceed and award the contract to the low bidder. 159753 - Morrissey/Feuss that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159754 - Morrissey/Feuss that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Amos questioned the type of bond posted as security. Martin Petersen explained that the security provided by the low bidder was in the form of a business check, not a certified check. He stated that city staff announced on the day of the bid opening that security could be posted in the form of a check, and because of this,the city could be exposed to more liability if the lowest bidder is not awarded the contract. Mr. Amos questioned if business checks have been accepted in the past, and if not, it would be his concern that we would be setting a precedent by allowing this to move forward. Mrs. Klein questioned if all of the written requirements are listed in writing, and did a person at the counter contradict the written direction. Kelley Felchle explained the process of receiving bid documents though the clerk's office and noted that there is no conversation between the bidders and the clerk's staff on any requirements of the bidder. Mr. Morrissey questioned if the money presented by the low bidder was "good"money and if the city must take another bid if there was a mistake made by staff. Martin Petersen commented that the city could reject any or all bids. Kelley Fechle explained that if council and the department rejected all bids, the process would need to start over. Mr.Amos questioned if there have been instances in the past where bid packets included non-certified checks. Kelley Felchle confirmed and stated it is not uncommon. Resolution adopted and upon approval by Mayor assigned No. 2021-203. 159755 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids. Alt. A Price per occurrence Alt. B Price per occurrence Alt. C Price per man hour Alt. D Price per man hour Bidder Bid Security Total Bid Amount Alt. A- $1,300.00 Thompson Contracting, Company ° Alt. B - $1,300.00 Marshalltown, IA 5�0 Alt. C - $65.00 Alt. D - $75.00 B&B Lawn Care Inc. Alt. A- $4,550.00 Waterloo, IA 5% Alt. B - $3,250.00 Page 19 of 364 April 5, 2021 Page 9 Alt. C - $90.49 Alt. D - $104.99 Voice vote-Ayes: Seven. Motion carried. 159756 - Morrissey/Feuss that"Resolution approving award of bid to Thompson Contracting Company, LLC, of Marshalltown, Iowa, for Option A$1,300 per occurrence, Option B $1,300 per occurrence, Option C $65.00 per man hour, Option D $75.00 per man hour, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2022 Complaint Mowing with Complaint Snow Removal Contract, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Rudy Jones,Community Development Director,commented that there must be consistency in wording of the documents, and that both cashier and certified checks are fine, as long as those documents were provided at the time of the bid opening. The city still holds the right to accept or reject any bids for a variety of reasons,but both types of checks have been accepted in the past. Resolution adopted and upon approval by Mayor assigned No. 2021-204. 159757 - Feuss/Grieder that proof of publication of notice of public hearing on Aircraft Storage Hangar Improvements Project at the Waterloo Regional Airport, Iowa DOT Aviation Bureau - CSVI Project No: 9-I-210-ALO-200 and Iowa DOT Contract No: 22634, as published in the Waterloo Courier on March 22, 2021, 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. 159758 - Feuss/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote- Ayes: Seven. Motion carried. 159759 - Feuss/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. 2021-205. 159760 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Total Bid Amount Woodruff Construction Base Bid$115,434.00 Waterloo, IA 5% Add Alt Bid 19,821.00 Base +Alt $135,255.00 Voice vote-Ayes: Seven. Motion carried. 159761 - Feuss/Grieder that "Resolution rejecting the bid of Woodruff Construction, of Waterloo, Iowa, in the amount of $135,255, in conjunction with the installation of LED lighting fixtures in Aircraft Storage Hangars 1, 2, 3-A and 3-13, along with the replacement of pedestrian doors in Hangars 1, 2 and 5", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-206. Page 20 of 364 April 5, 2021 Page 10 RESOLUTIONS 159762 - Klein/Amos that "Resolution approving Services Agreement with Routeware, Inc., of Portland Oregon, in the amount of$134,091.04,including annual fee,in conjunction with Waste Fleet(Sanitation)automation, including software, maintenance and installation in vehicles, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-207. 1597613 - Klein/Amos that "Resolution approving Consulting Contract with 4C's Consulting, LLC, of Waterloo, Iowa, to conduct a Vision Zero Workshop Traffic Safety Awareness Campaign, and authorizing the Mayor to execute said agreement", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mohammad Elahi, Traffic Engineer,provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-208. 159764 - Klein/Amos that "Resolution approving Supplemental Agreement No. 1 to the Consulting Agreement with 4C's Consulting, LLC, of Waterloo, Iowa, originally executed June 19, 2017, in conjunction with the Traffic Safety Awareness Campaign Project, Iowa DOT grant project number STP-U-8155(756)--70- 07, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mohammad Elahi, Traffic Engineer,provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-209. 159765 - Juon/Feuss that"Resolution approving a Professional Services Agreement with AECOM Technical Services,Inc., for administrative and management services of the FAA-approved Passenger Facility Charge Program for the Waterloo Regional Airport, 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. 2021-210. 159766 - Juon/Feuss that "Resolution approving Supplemental Agreement No. 6, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $11,500, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Highway 218 Project, Contract No. 1020, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-211. 159767 - Juon/Feuss that "Resolution approving construction plans in conjunction with the Locke Funeral Home Alley Paving Project, as submitted by VJ Engineering, of Cedar Falls, Iowa", be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-212. 159768 - Boesen/Grieder Page 21 of 364 April 5, 2021 Page 11 that"Resolution approving a Right of Entry Agreement with Cedar Valley Corp., LLC, and Peterson Contractors, Inc.,to gain entrance to property generally located at the southeast corner of Ansborough Avenue and U.S.Highway 20,and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-213. 159769 - Boesen/Grieder that "Resolution approving an application to the Black Hawk County Metropolitan Planning Organization Transportation Alternatives Program funding, in conjunction with the Hess Road Trail", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-214. 159770 - Boesen/Grieder that"Resolution approving an amendment to the City of Waterloo Residency Policy by expanding the residency radius for Information Technology personnel to 30 miles from city hall", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-215. 159771 - Grieder/Boesen that "Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, in the amount of $150,322, for the Fiber-Optic OSP 30% Design of a Fiber Backbone Network, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-216. 159772 - Grieder/Boesen that"Resolution awarding bid to Lansing Brothers Construction Co., Inc., of Luxemburg, Iowa, in the amount of$31,300, in conjunction with regulated asbestos-containing materials demolition services at 220 Hopkins Court, approving the contract, bond, and certificate of insurance, authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 2021-170", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-217. 159773 - Grieder/Boesen that "Resolution approving project designs for a new home located at 514 Johnson Street, to be constructed by Hawkeye Community College, with a budget not to exceed $164,500, in accordance with the Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-218. 159774 - Amos/Feuss that"Resolution approving an Amendment to the Development and Minimum Assessment Agreement with Lincoln Savings Bank,originally executed October 7,2019,to extend the completion date to July 31, 2021, and the Minimum Assessment to December 31, 2051, 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. 2021-219. 159775 - Amos/Feuss Page 22 of 364 April 5, 2021 Page 12 that"Resolution approving an Amendment to the Development and Minimum Assessment Agreement with A&T Trucking,LLC,originally executed September 8,2020,to amend dates for the development of a 4,350 square-foot building located at the southeast corner of Martin Luther King Jr. Drive and Northeast Drive, 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. 2021-220. 159776 - Amos/Grieder that "Resolution approving an Engineering Services Agreement with Clapsaddle-Garber Associates of Marshalltown, Iowa, in an amount not to exceed $6,500, in conjunction with engineering and platting services for Waterloo Air and Rail Park 2nd Addition, 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. 2021-221. 159777 - Amos/Grieder that "Resolution approving Scope of Services with Robinson Engineering Company for up to $145,000 for the platting, street design, and overall layout for the next phases of the North Crossing area for development, and authorize the Mayor and City Clerk to sign necessary documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-222. ORDINANCES 159778 - Klein/Grieder that "an ordinance amending the City of Waterloo City Code of Ordinances by amending Subsection B, Prohibitions and Use, of Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations", be received,placed on file, considered and passed for the first time. Geri Thomsberry, 704 Sheridan Rd., commented that she supports banning fireworks and believes that the council is deliberately discriminating against a segment of the population of the city that are harmed by fireworks. Justin Bartlett, 2019 Crossroads Blvd., commented that he is the managing partner of Crossroads Fireworks. He explained that a ban will reduce usage during the three days because law abiding citizens will follow the rules or other people will not shoot off fireworks. He said his business follows the rules and he understands that he accepted the risk of a possible ban in the future. In August,council voted against a ban for this summer and because of that vote and related conversation, they felt confident in extending their six-figure lease at the Waterloo store. He stated that if council passes a ban now, they would not get to undo their lease extension and he will be on the hook for that money regardless if they have the revenue or not. He would like council to honor the vote they passed in August. Mr. Morrissey commented that the ordinance has gone back and forth on what to do with fireworks. He then reviewed the changes the council made back in August. 159779 - Morrissey/Amos To postpone first reading to the second meeting of August. Roll call vote-Ayes: Two. Nays: Five (Boesen, Klein, Feuss, Grieder, and Juon). Motion failed. Mr. Amos commented that he supports postponing the vote. Mrs. Klein commented that she got a text from a resident on Kern Street that people are already shooting off fireworks in his neighborhood. She explained that the council has a responsibility to protect the citizens of Waterloo. She encouraged council to vote down postponing the item. Page 23 of 364 April 5, 2021 Page 13 Mr. Boesen questioned if the other cities responded to Mayor Hart's inquiry. Mayor Hart commented that the Mayor of Evansdale said he would reach out to council members and ask for their thoughts but he has not heard back. 159780 - Boesen/Feuss To postpone until April 19th and in the interim have two council members work with the Police Department to come up with a mechanism of enforcement. Roll call vote-Ayes: Six. Nays: One (Morrissey). Motion carried. Mr. Morrissey commented that enforcement in part is responding when calls are made. The amendment approved last August were additional guidelines and changes that tightened things up. Mrs. Klein commented that the people using fireworks are not obeying laws. She explained that she has completed walking through twenty-eight of the thirty precincts and that people in nearly every area have talked to her about the fact they want fireworks banned. She stated that she agrees with Mr. Boesen that they need to work with the Police Department on enforcement. Mr.Amos commented that he will support the postponement because it's important to talk to the police department and get their opinion on how enforcement could work. He stated that he could not support a ban. Mrs. Juon commented that she supports the ban and will support the motion to postpone. Mr. Feuss commented that he would be happy to work with Mr. Boesen on trying to figure out enforcement. He noted that he has not changed his vote from the beginning and appreciates the suggestion to look deeper into enforcement before voting on the matter. Mr. Boesen commented that he is just asking if a couple council members can work with the police department to come up with a plan on enforcement. Mr. Boesen volunteered to work with the police department. Mrs. Klein commented that she would vote to postpone for two weeks. Mrs. Juon requested that the Mayor follow up with Cedar Falls and Evansdale during the postponement. Mr. Morrissey asked the council to vote down the postponement because enforcement has already been discussed. ADJOURNMENT 159781 - Feuss/Grieder that the Council adjourn at 7:31 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 24 of 364 LE yr 0 .. .._ f PROCLAMATION WHEREAS, The Love Foundation, Inc., a non-profit organization, has announced GLOBAL %%" LOVE DAY to facilitate in establishing LOVE & PEACE on our planet; and %"E S, GLOBAL LOVE DAY will establish a worldwide focus towards "unconditionally loving each other as we love ourselves"; and IIZ1�EAS9 We are One Humanity on this planet; and IIIIT REAS, All life is interconnected and interdependent; and H"EAS, All share in the Universal bond of love; and ZZ , Love begins with self-acceptance and forgiveness; and %%"E S, With respect and compassion we embrace diversity; and %%EREAS, Together we make a difference through love; and IInEM S, The Love Foundation, Inc. invites mankind to declare May 1, 2021 as Global Love Day, a day of forgiveness and unconditional love. Global Love Day will act as a model for all of us to follow, each and every day; NOX(s T� O1M. I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim May 1, 2021 as GLOBAL LOA DAY In Waterloo and invite all citizens to observe this day, which honors the public cause for Global Love, World Peace, and Universal Joy. IN IdiTNESS IN14FAMOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this 19th day of April 2021. ATTEST: Kelley Felchl Quentin Hart City Clerk Mayor Page 25 of 364 0 0 CITY Ow WATEimoo,, IOWA PROCLAMATION WHERA7o trees provide a pleasing environment in Waterloo for the benefit of our residents and visitors, contributing greatly to our positive image; and WHEREM, the optimum reforestation of Waterloo will require public participation and cooperation, resulting in an attractive community; and 1 HEREMP the management of trees increases the benefits to our community through planning, planting, maintenance, timely removal and replacement; and MNERE1"o the Iowa Legislature has designated the last Friday in April as "Arbor Day" throughout Iowa. NOYW, THE0� I, Quentin Hart,Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 25—May 1,2021, as ARBORI&EK in Waterloo, Iowa, and encourage all citizens of Waterloo to celebrate this occasion and the beauty of our city by planting a tree. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 191h day of April 2021. ATTEST: t Kelley Fel le Quentin Hart City Clerk Mayor O O Page 26 04 CITY OF WATERLOO Council Communication Recognition of Waterloo's pee-wee state wrestlers. City Council Meeting:4/19/2021 Prepared: SUBJECT: Recognition of Waterloo's pee-wee state wrestlers. Page 27 of 364 CITY OF WATERLOO Council Communication Award presentation from Main Street Iowa. City Council Meeting:4/19/2021 Prepared: SUBJECT: Award presentation from Main Street Iowa. Submitted by: Submitted By: Page 28 of 364 CITY OF WATERLOO Council Communication Resolution approving the request of Benjamin Sullivan for tax exemptions on the construction of a new single family home valued at$265,687, for property located at 3366 Lincolnshire Avenue, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:4/19/2021 Prepared: 3/18/2021 ATTACHMENTS: Description Type ❑ CLURA 3366 Lincolnshire Road Form Backup Material ❑ CLURA 3366 Lincolnshire Road Map Backup Material Resolution approving the request of Benjamin Sullivan for tax exemptions on SUBJECT: the construction of a new single family home valued at$265,687, for property located at 3366 Lincolnshire Avenue, and located in the City Limits Urban Revitalization Area(CLURAL Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Lot 5 Lincolnshire Addition Page 29 of 364 CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. E The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family dwellings(single family homes or duplex/twin homes)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior to the 1 L working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: SIGNATURE: ADDRESS: 33(, u TELEPHONE: St 5 - L4'A k 2 E19'� DATE: Zn?-1 A. What is the Address of the property being improved? 32(a{, L vt t--,a [v-, r 11 v L W -A What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse) B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department information: Permit Number:?eJJZ Q - 11 JW5 Date permit was issued: �'e��•a� Total permit(s)valuation (/g{D a D. What was the cost of the new construction? A(9 Le 5, (G E. Estimated or actual date of completion of this new construction? t9 ' 101 CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk Countv Assessor's Office for criteria eligibility. Page 30 of 364 ► - W RIDGEWAYAVE a. Ilk V —DIXONDR- - op! i a uj bra, _ � �€ � � • _ � �� -`— -W 1 a mf - r. O PORTER 'yr _ I. 3 t• 1 /-LANTERN SQ- 5�\ 1. � i O .n mer r Q � - ca 5 x` oul " RIDGEMONT RD tat „. or r - y. P X03 CITY OF WATERLOO Council Communication Resolution approving the request of Casey Dyball for tax exemptions on the construction of a new single family home valued at$500,000, for property located at 4843 Shelley Court, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:4/19/2021 Prepared: 3/18/2021 ATTACHMENTS: Description Type ❑ CLURA 4843 Shelley Court Form Backup Material ❑ CLURA 4843 Shelley Court Map Backup Material Resolution approving the request of Casey Dyball for tax exemptions on the SUBJECT: construction of a new single family home valued at$500,000, for property located at 4843 Shelley Court, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Nottingham Third Addition Tract B Page 32 of 364 For Office Use Only Date Received: Received by: Staff to make a c r-a plicant • t ` CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Lit-nits Urban Revitalization Area (CLURA) is a 3=year 100%,property tax exemption on the a ctua I va hie added for new construction one or two fancily dwellings (single fatuity homes or duplex/twin homes only) that meet thefollowing criteria.: I, Be located within the CLURA boundaries(a map of which can be obtained from the City of Wa terloo Community Planning&Development Department.) 1 This application must be filed with City prior to_tlte_l"working day ofFebtva!y following the yearwhen the improvements are completed to comply with the timeline of the State Code of Iowa,Section 444A unnumbered paragraph 2, However,asingle applica tion maybe filed upon completion of an entire project requiring more than one year to constructor complete,providing prior approval has been grantedby the City Councilor County Board of Supervisors. Please fill out the following information foryour application to be submitted to the City Council, Projects started prior to the adaption date of July 18,2011 do not qualify. / / NAME: C. ti S a kA D v tea C l SIGNATURE: ( �� ADDRESS: - - - -_S�i_P_I l ti 0 EMAIL: C Q s'N d ,`fie n c:F, J:c' TELEPHONE: 3, `S�d GI_� -__ DATE: — 9— �1 A, What is the Address of the property being improved? q� q 3 S k e 11 e t (� What is the Legal Description of the property?(Maybe available at County Recorder's Office on 2nd floor of the Courthouse) fJ (� , .—FF,I A t , k 6/l (t 1' B. Wha t wa s the na ture of the improvement(s)?(must be single fa wily homes or duplex/twhi homes to qua lify) C, City of Waterloo Building and Inspections Department Information: PermitNUmber: Qa0-0000 S-0 Date permit was issued: Total pennit(s)valuation: 900 D. Whatwasthe cost ofthe now construction?_ 00o E. Estimated or actualdate of completion of this new construction? Note: City Council approval does not guarantee tax exemptions, The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO.- DENIED O:DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: TJ,Kocnigsfeld DENIED Black Hawk County Assessor Page 33 of 364 E T r c Cn o 3 Pr 1 r. i �9 i r e / t L ry ~W SHAULIS RD Page 34 o 364 CITY OF WATERLOO Council Communication Resolution approving the request of Hayley Bakula for tax exemptions on the construction of a new single family home valued at$285,000, for property located at 1640 Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:4/19/2021 Prepared: 3/18/2021 ATTACHMENTS: Description Type ❑ CLURA 1640 Blue Wing Drive Form Backup Material ❑ CLURA 1640 Blue Wing Drive Map Backup Material Resolution approving the request of Hayley Bakula for tax exemptions on SUBJECT: the construction of a new single family home valued at$285,000, for property located at 1640 Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Hills First Addition Lot 5 Page 35 of 364 For Office Use Only Date Received• Received by:_ � Staf£to make a c �} r p li ,.n {I CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER TI IE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WNfERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-y_ear 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City Vrlor to the 11 Nvorking day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council.Projects started prior to the adaption date of July 18,2011 dof snot qualify. i!t 1 NAME: } B `� SIGNATURE: * 1"- A ADDRESS: jim sinwo r EMAIL: A16.1 VA SVA I �O TELEPHONE: b1 'S DATE: A. What is the Address of the property being improved? I Q)yt I/1 -it Ae, dpt'w Y 1 o a SD70) What is the Legal Description of the property?(May be available at County Recorder's Office on 2'6 Floor of the Courthouse) AVOy13DA1 t1r1.L$ fresr 4QPZTr64 Lor 5- B. B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) '+� IrK�1• h,.t+l� C. City of Waterloo Building and Inspections Department Information: Permit Nu14 mber: M /yDate permit was issued: Total permit(s)valuation: Z.�S� 000 D, What was the cost of the new construction? 2-2r. 0 G E. Estimated or actual date of completion of this new construction? Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED 13LACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED- T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 36 of 364 1. w 20 --- S J i i O ,..._KESTRELCIR LLJ m DAKOTA DR '' .. "A �. ALw j W � a L". Page 37 of 364 CITY OF WATERLOO Council Communication Resolution approving the request of Tyler Mahncke for tax exemptions on the construction of a new single family home valued at$203,075, for property located at 1745 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:4/19/2021 Prepared: 3/18/2021 ATTACHMENTS: Description Type ❑ CLURA 1745 Waxwing Way Form Backup Material ❑ CLURA 1745 Waxwing Way Map Backup Material Resolution approving the request of Tyler Mahncke for tax exemptions on SUBJECT: the construction of a new single family home valued at$203,075, for property located at 1745 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Heights Sixth Addition Lot 71 Page 38 of 364 CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZA'T'ION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family dwellings(single family homes or duplex/twin homes)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior to the III workin day of FebruaKy following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be Bled upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: I y�- GyG SIGNATURE: ADDRESS: 17`� LA/A X TELEPHONE: �� Z3o- Zn r DATE: 3 y ?_-oZl A, What is the Address of the property being improved? 1-74s-- W XXw 0" C.,�e+.•� What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse) ii 7:7- B. What was the nature of the improvement(s)?(tnust be single family homes or duplex/twin homes to qualify) n C. City of Waterloo Building and Inspections Department Information: i Permit Number: QCt Date permit was issued: — Total permit(s)valuation: ,. .. D. What was the cost of the new construction? r E. Estimated or actual date of completion of this new constructio119 Fe,l,, t CITY OF WATERLOO a APPROVED DATED: RESOLUTION NO: DENIED �I. BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 39 of 364 e v J , r� c. r A i e d 4 f,. --- Pageo CITY OF WATERLOO Council Communication Resolution approving the request of Jay and Julie Eckhardt for tax exemptions on the construction of a new single family home valued at$338,918, for property located at 3376 Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:4/19/2021 Prepared: 3/18/2021 ATTACHMENTS: Description Type ❑ CLURA 3376 Lincolnshire Road Form Backup Material ❑ CLURA 3376 Lincolnshire Road Map Backup Material Resolution approving the request of Jay and Julie Eckhardt for tax SUBJECT: exemptions on the construction of a new single family home valued at $338,918, for property located at 3376 Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Lincolnshire Addition Lot 3 Page 41 of 364 CITY LIMITS URBAN REVITALIZATION APPLICATIO V FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OFNEW R 1 7 2021 FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY L S AN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL F T WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family dwellings(single family homes or duplex/twin homes)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be fled with City prior to the I L'working day of FebruaKy following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: f ld k'e- F-C-K4rd+- SIGNATURE: G ADDRESS: 3370 L ncb[nshlv-6 TELEPHONE: J l q- q-70 4�510 DATE: �C'•VJ, I-7 U a .3iq - 4-20-- 1�IxU ` A. What is the Address of the property being improved? ?, 7 V L t r..C + S ►�.+ 1(Z.+r{ What is the Legal Description of the property?(Maybe available at County Recorder's Office on 2nd floor of the Courthouse) B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Ntimber: 24 G�11 vu-"Pate permit was issued: 0 Z- � Total permit(s)vatuation: D. What was the cost of the new construction? 3-3'� q + g E. Estimated or actual date of completion of this new construction? 2-a- a 1 CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 42 of 364 ► - W RIDGEWAYAVE a. Ilk V —DIXONDR- - op! i a uj bra. _ � �€ � � • _ � �� -`— -W 1 a mf - r. O PORTER 'yr - I. 3 e elk i-L�INTERN SQ MORO C) n ol w " RIDGEMONT RD tat „. orr - - P CITY OF WATERLOO Council Communication Resolution approving the request of 3 Sprouts Properties, LLC, for tax exemptions on the construction of home improvements valued at$19,000, for property located at 212 Polk Street, and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting:4/19/2021 Prepared: 3/18/2021 ATTACHMENTS: Description Type ❑ CURA 212 Polk Street Form Backup Material ❑ CURA 212 Polk Street Map Backup Material Resolution approving the request of 3 Sprouts Properties, LLC, for tax SUBJECT: exemptions on the construction of home improvements valued at$19,000, for property located at 212 Polk Street, and located within the Consolidated Urban Revitalization Area(CURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area(CURA). Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Legal Descriptions: Hillside Addition- Lot 9, Block 11 Page 44 of 364 For Office Use Only Date Received: Received by: Snatl'to make ar Pl lit` CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PIAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban RevitalizationArea(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: I. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption_ 2. Be located within the CUBA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department.) 3. This application must be filed with City prior to the I"working day of February following the year when the improvements are completed to comply with the thncline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or Comity Board of Supervisors. Please fill out the following information for your application to be submitted to the City until. NAME: 3 Sprouts Properties LLC SIGNATURE: 014- ADDRESS: 4427 36th Ave N Crystal,MN 55422 EMAIL: 3sproutsproperties@gmail.com TELEPHONE: 612-875-5268 DATE- 03/01/2021 A. What is the Address of the property being improved? 212 Polk St.Waterloo, IA 50703 What is the Legal Descripdian of the property?(Maybe available at County Recorder's Office on 2"'floor ofthe Courthouse)? Hillside Addition- Lot 9 Block 11 B. Indicate desired exemption schedule:(t or 2) L X One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. A partial exemption on die actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------SO% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvenient(s)? Pull remodel on the interior, new roof, new siding, and improved landscaping. D. If this is not a single-family dwelling.unit,-which yen own and reside in,will these improvements create a displacement of your tenants? Yes X No DO NOT Write Below this litre—Office Use Only E. City of Waterloo Building and Inspections Department Information: Permit Number. Date permit was issued: � 'Total permit(s)valuat G F. What was the cost of the improvement? G. Estimated or actual date of completion of these improvem tO Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DA'Z'ED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 45 of 364 l _ ; 1 i - - - - - - - - - - -- - - MONROE ST- I 1 IIII t 1 1• r I I. - �:n• 1� R x r m&' - - - - - POLK ST- - .. y _ , FRENCH ST OGO + 'v 1 .In _ 'age 46 of 1 CITY OF WATERLOO Council Communication Resolution approving the request of Jeff and Linda Owen for tax exemptions on the construction of home improvements valued at$100,000, for property located at 1222 Northey Street, and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting:4/19/2021 Prepared: 3/18/2021 ATTACHMENTS: Description Type ❑ CURA 1222 Northey Street Map Backup Material ❑ CURA 1222 Northey Street Form Backup Material Resolution approving the request of Jeff and Linda Owen for tax exemptions SUBJECT: on the construction of home improvements valued at$100,000, for propertX located at 1222 Northey Street, and located within the Consolidated Urban Revitalization Area(CURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area(CURA). Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Legal Descriptions: The West 50 feet of the south one-half of Lot 11 in Northeydale in Black Hawk County, Iowa. Page 47 of 364 t - r \ i. f , IL .c. IN C _ W r..•i U — NORTHEY ST z Alp , �,� - age Qf641 For Office Use Only y Date Received: c ` Received by: • Sfa#}'to make a copy rap 1 ant CONSOLIDATED URBAN REVI'iALIZATION AREA APPLICATION FOR PROPER'T'Y TAX EXEMPTION FOR"ROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CUBA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CUBA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department.) 3. This application must be filed with City isrior to the,1 s,tworking„d y-of FebruM following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ff_ L ' 69 ADDRESS: �` 9 c ,�' EMAIL: 1.1 I (t 1 C' ✓1 ct�t r� '� . C'��rt TELErHONE: ,'I - 9— DATE: /—/`-1 r A. What is the Address of the property being improved? `�I 7 What is the Legal Description of the property?(May he available at County Rccorder's fftee 2nd floor of the Courthouse)? ( B. Indicate desired exemption schedule:(1 or 2) 1. One Hundred Percent(10011/4)exemption for three years on the actual value added by improvements; 2. partial exemption on the actual value added by improvements according to the following schedule: a. Fust Year----------80% d. Fourth Year------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year---------60% f Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improve t(s)? CE L r C�Com. tv s t-c D, City of Waterloo Building and Inspections Department Information: 7 Permit Number: V() I Date permit was issued: Total permits)valuation: I (� E, What was the cost of the improvement? F. Estimated or actual date of completion of these improvements? /Z G. If this is not a single-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes X No Note; The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 49 Of 364 CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 50 of 364 Page 9 of 1, *THE WEST 50 FEET OF THE SOUTH ONE-HALF OF LOT 11 IN NORTHEYDALE 1N BLACK HAWK COUNTY, IOWA. which has the address of 1222 NORTHEY STREET WATERLOO (Street) 50703 Iowa (herein (City) (Zip Code) "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortqage; and all of the foregoing, together with said proFerty (or the leasehold estate If this Mortgage is on a leasehold) are hereinafter referred to as the "Property, Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided In the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the ote is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium Installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. There is no mortgage insurance available in connection with transactions subject to the Iowa Consumer Credit Code and no prernium, charge or fee in connection with such insurance will be assessed in those transactions. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying andcompiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional securityy for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay Page 2 EIA26C.e 1 File Number: 2021-0000§81M (963*42 CITY OF WATERLOO Council Communication Resolution approving the request of Kenneth Young for tax exemptions on the construction of home improvements valued at$82,000, for property located at 817 Cloverdale Avenue, and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting:4/19/2021 Prepared: 3/18/2021 ATTACHMENTS: Description Type ❑ CURA 817 Cloverdale Ave. Form Backup Material ❑ CURA 817 Cloverdale Ave. Map Backup Material Resolution approving the request of Kenneth Young for tax exemptions on SUBJECT: the construction of home improvements valued at$82,000, for property located at 817 Cloverdale Avenue, and located within the Consolidated Urban Revitalization Area(CURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area(CURA). Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Legal Descriptions: Cloverdale Acres Replat No. 1, Lot 13 Page 52 of 364 v 0 C. 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X, µA I I� Page CITY OF WATERLOO Council Communication Resolution awarding bid to Restoration Services Inc., of Waterloo, Iowa, in the amount of$77,500, in conjunction with the Waterloo Public Library Exterior Facade Repair Project. City Council Meeting:4/19/2021 Prepared:4/6/2021 ATTACHMENTS: Description Type ❑ Bid Award- Library Exterior Facade Repair Backup Material Resolution awarding bid to Restoration Services Inc.. of Waterloo, Iowa, in SUBJECT: the amount of$77,500, in conjunction with the Waterloo Public LibmI3X Exterior Facade Repair Project. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval This repair will include tuck pointing, power washing and sealing of the exterior building at the Waterloo Public Library. Summary Statement: Bid#1 - Restoration Services - $ 77,500 Bid#2 - Carl Schuler Masonry- $ 89,125 Source of Funds: G.O. Bond Funds Page 55 of 364 RESTORATION SERVICES, INC. Exterior Building Maintenance/Waterproofing P.O. Box 385 Waterloo, IA 50704 Thursday,September 3,2020 City of Waterloo Library Restoration Budget Waterloo, IA ATTN: Fd OPTION 1--Brick Building s M, 1. Replace broken or deteriorated brick. 2. Tuckpoint as needed. •.,,, 3. Remove and replace all joint sealants. 4.Wash the masonry with a medium pressure washer. 5.Apply a coat of BASF Masterprotect 1-11000. �� BID PRICE: $20,500.00 M. g..�.. OPTION 2--Stone Building ORC 1. Patch broken stone. 2. Remove all stone joints and install i joint sealants. 3. Wash the stone with a medium pressure washer. 4.Apply a coat of BASF Masterprotect H1000. BID PRICE: $77,500.00 Respectfully Submitted, Dan Reiter Vice President ofc(319)233-5947 cell (319)415-2058 fax(319)233-2605 Page 56 of 364 Carl Schuler MASONRY CONSTRUCTION COMPANY Phone 319-232-8113 P.O.Box 1015 Fax 319-291-8601 Waterloo,[A. 50704 March 24,2021 To: Ed Abben City of Waterloo Re: Library Restoration Maintenance Pursuant to your invitation,we offer this proposal for the masonry restoration/maintenance we discussed. Scopeof work @ Brick Building:....................................................................................................................$24,250.00 • Tuckpoint mortar joints as needed. • Cut out&replace deteriorated brick. • Remove existing caulk joints. Install new sealant. • Clean(Power Wash) • Apply water repellant sealer. Scopeof work @ Stone Building:................................................. ............................. .................................$89,125,00 • Repair(patch)broken stone. • Remove existing caulk joints. Install new sealant. • Clean(Power Wash) • Apply water repellant sealer. Please feel free to contact me with any questions. Sincerely, CARL SCHULER MASONRY CONSTRUCTION CO. Craig Anderson Vice President THIS PROPOSAL MAY BE CONSIDERED VOID IF NOT ACKNOWLEDGE WITHIN 30 DAYS Page 57 of 364 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 3, 2021 to approve an Exchange Agreement and Assignment of Real Estate Contract with L& H Farms, Ltd., for the acquisition of property in Black Hawk County in exchange for property in the San Marnan TIF District in the amount of$1,336,269.46 for 28.499 acres, and up to $10,000 in closing costs, and instruct the City Clerk to publish notice. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ Exchange Agreement Backup Material ❑ Assignment Backup Material ❑ Preliminary map Backup Material Resolution setting date of public hearing as May 2021 to approve an Exchange Agreement and Assignment of Real Estate Contract with L& H SUBJECT: Farms, Ltd., for the acquisition of property in Black Hawk Count exchange for property in the San Marnan TIF District in the amount of $1,336,269.46 for 28.499 acres, and up to $10,000 in closing costs, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Set date of hearing This would be the ninth and final acquisition of land under the master agreement for the long-term(11 years)purchase of land in the San Marnan area(plus additional amendment area and years to acquire). The City would be acquiring another 28.499 acres of land in this area, southeast of the Highway 20 and Ansborough Avenue interchange for future development. The City price of land being acquired is approximately$46,888 per acre for the development land in the City limits. It should be noted other farmland outside of the city limits has been selling for as high as $14,000415,000 per acre, whereas the basis for the exchange agreement(3.47 ratio) and amount specified above is $13,413 per acre. This acquisition is paid out of the TIF District revenue itself, not out of general city funds. The TIF District and its funds are designed and required to be spent within the TIF District itself for improvements, this will be a large Summary Statement: step in the continued planning, development, and marketing of this area. The City will earn rent money after acquisition, beginning at$190 per acre. The acreages are figured as such: 1) They are buying 33.1 acres in Black Hawk County at$415,405 ($12,520 per acre) Page 58 of 364 2) Based on the CSR ratings of farm land, that puts multiplier at 3.47, but lowered to $11,000 per appraisal. 3) The land cost($11,000)times multiplier(3.47) equals $38,170. 5) The total land cost($364,117)divided by land value($38,170) determines the City land acquired at 9.54 acres. Expenditure Required: $1,336,269.46 plus up to $10,000 in closing costs Source of Funds: TIF funds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: NA The City of Waterloo has been working for a number of years on the development of a South Waterloo Business Park, and is currently recertifying the site as a State of Iowa certified Site. The continued development of this area of the City will work to provide for a major business and light industrial park setting along the Highway 20 corridor. Based on feedback from major companies, business location consultants, and the Waterloo Industrial Development Association, this growth along the Highway 20 corridor is key to drawing large companies, projects, and jobs to the City of Waterloo. This latest acquisition will now have the City Background Information: owning approximately 181.70 acres. The City continues to show this area for large development prospects. This current acquisition will further allow for areas of land needed for infrastructure improvements for full service of the area to be acquired immediately. The Waterloo City Council has previously zoned land in this area and expanded the San Martian TIF District to include this land, down to the recently completed Shaulis Road extension, for business development of the area. The approval of these agreements would work as the next steps in this long-term process of development of this entire Highway 20 corridor area. Page 59 of 364 EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT is entered into this day of April, 2021, by and between the City of Waterloo, Iowa, a municipal corporation("City"), and L&H Farms, Ltd., an Iowa general partnership ("LHF"). WHEREAS, City has offered to purchase a 56.8383% interest in the NW 1/4 of Section 23-87-13, Black Hawk County, Iowa, which represents the equivalent of 92 acres more or less of the Black Hawk County agricultural land more fully described on the attached Exhibit"A" (hereinafter"Farm Land") for the sum of$1,336,269.46 on or before May 14, 2021, if LHF will agree to accept a conveyance of the Farm Land in exchange for the remaining 28.499 acres more or less of development land located at the intersection of U.S. Highway 20 and Ansborough Avenue; and WHEREAS, LHF is the owner of 28.499 acres more or less of real property located at the southeast corner of the intersection of U.S. Highway 20 and Ansborough Avenue described on the attached Exhibit`B" (hereinafter"Development Land"); and WHEREAS, LHF is willing to convey the Development Land to City in exchange for the Farm Land so as to qualify the transaction for the non-recognition of gain under Internal Revenue Code Sec. 1031 (such exchange being hereafter referred to as the "Exchange"). NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Construction and Interpretation. This Agreement shall be carried out, governed by, and construed in accordance with the laws of Iowa and, to the extent necessary or appropriate, to obtain like-kind exchange treatment under Internal Revenue Code §1031. The parties agree to execute any additional documents required to allow this transaction to so qualify. LHF agrees to bear any expenses associated with document preparation necessary to qualify the Exchange for like-kind exchange treatment. Section 2. Contingencies. 2.1 City's obligations herein are subject to and conditioned upon the following: A. The City Council for the City of Waterloo, Iowa, adopting a resolution authorizing City to take assignment of a 56.8383% interest in the contract to purchase the Farm Land pursuant to the agreed-upon terms and conditions of the assignment set forth in Section 3 below, and further authorizing City to purchase the 56.8383% interest in the Farm Land for the sum of$1,336,269.46 pursuant to the terms and conditions of said contract; I Page 60 of 364 B. The City Council for the City of Waterloo adopting a resolution authorizing City to convey the 56.8383% interest in the Farm Land to LHF in exchange for the Development Land by directing the sellers of the Farm Land to convey it directly to LHF in accordance with the terms of that certain Option Exchange Agreement between City and LHF dated March 8, 2010, as amended on March 30, 2015; C. City completing its purchase of the Farm Land prior to closing on this exchange with LHF. 2.2 LHF's obligations herein shall be subject to and conditioned upon City completing its purchase of the Farm Land. Section 3. Terms of Assignment. City will be taking assignment of a 56.8383% interest in an existing contract to purchase the Farm Land. A copy of said contract, as amended, is attached to this Agreement as Exhibit"C." A copy of the Assignment is attached as Exhibit"D." Section 4. Conveyance of Property. 4.1 City agrees to require the current owners of the Farm Land to convey said real property directly to LHF by warranty deed as consideration for LHF's conveyance of the Development Land to City by warranty deed; 4.2 City agrees to accept the conveyance of the Development Land in accordance with the terms and conditions of this Exchange Agreement. 4.3 In recognition of LHF's role in identifying and pre-approving the Farm Land for acquisition by City for purposes of this Agreement, LHF agrees to accept the conveyance of the Farm Land"as is," subject to all conditions, easements, restrictions and other characteristics, and hereby acknowledges that City has not made and will not make any representation or warranty with respect to the Farm Land, whether as to merchantability of said land, its fitness for any particular purpose, or otherwise. 4.4 The parties agree that both the Farm Land and the Development Land shall be deemed to have a value of$1,336,269.46 for purposes of this transaction. 4.5 No cash consideration will be exchanged between the parties. Section 5. Form of Conveyance 5.1 City shall cause the current owner of the Farm Land to convey a 56.8383% interest in said real property directly to LHF by Warranty Deed. LHF shall convey the Development Land to City by Warranty Deed. Title shall be merchantable title in accordance with the Iowa Title Standards. 2 Page 61 of 364 5.2 All liens or clouds on title shall be removed prior the Exchange. 5.3 If title cannot be made merchantable within a reasonable period of time, this Exchange Agreement shall become null and void. Section 6. Closing. The closing on the Exchange contemplated herein shall occur contemporaneously with the closing on City's purchase of the Farm Land. It is expected that the closing will occur on or before May 14, 2021. Section 7. Property Taxes. 7.1 LHF acknowledges that City will receive a credit against the purchase price for the Farm Land in an amount equal to the annual real estate taxes on the Farm Land prorated through the closing date, and that as a result of such credit, the seller of the Farm Land will expect City and its successors to pay the installments of property taxes due on and after September 30, 2021. LHF agrees to assume responsibility for making the general property tax payments for the Farm Land due September 30, 2021, and all subsequent installments. 7.2 LHF will pay the property taxes on the Development Land that are due March 31, 2022 and all prior installments. City shall be responsible for real estate taxes attributable to the Development Land due September 30, 2022, and all subsequent installments of general real estate taxes attributable to the Development Land, if any. Section 8. Survey. If the parties determine that a survey of the Development Land, or any part thereof, is required, then City shall reimburse LHF for the cost of procuring a plat of survey for the Development Land. The plat of survey must be completed and filed of record in the office of the Black Hawk County Recorder prior to the completion of the Exchange contemplated herein. Section 9. Abstracting. 9.1 The current owner of the Farm Land will provide City with an updated abstract of title or title report for the Farm Land prior to City having to complete its purchase of the Farm Land. Upon receipt of the abstract of title or title report, City shall deliver it to legal counsel for LHF. Legal counsel for LHF shall examine the abstract or title report and confirm that the current owner of the Farm Land possesses marketable title to the real estate as required by this Exchange Agreement. 9.2 LHF will provide City with an updated title report for the Development Land. City shall bear the expense of paying the abstract company to prepare a separate abstract of title for the Development Land. City may defer the preparation of this abstract of title until such time as it is prepared to sell all or a portion of the Development Land. 3 Page 62 of 364 Section 10. Other Closing Costs. Each of the parties agrees to pay any closing costs not specifically addressed herein in the manner customarily paid by buyers and sellers as part of real estate transactions in the State of Iowa. Section 11. Option to Rent. City agrees that as long as City remains the titleholder to all or a portion of the Development Land, Lanehaven Farms, Inc., shall be entitled to rent any and all undeveloped portions of the Development Land on a year-to-year basis on the condition that Lanehaven Farms, Inc., enter into a written lease agreement with City requiring, among other things, that Lanehaven Farms, Inc.,provide the same indemnification customarily required of tenants in a cash basis farm lease and that Lanehaven Farms, Inc., procure customary liability insurance identifying City as an additional insured. Annual rent for the 2021-2022 crop year shall be $190.00 per acre. Thereafter, annual rent shall be mutually agreed upon by the parties or in the absence of such agreement, it shall be set at the then prevailing fair rental value as determined by a mutually agreeable farm management company such as Hertz Farm Management. Rent shall be payable in December of each calendar year. Section 12. Notices. All notices, requests, demands, directions and other communications required or permitted to be given pursuant to this Agreement shall be valid if in writing and if delivered personally, or sent by certified or registered mail, return receipt requested, postage prepaid and addressed as follows: To City: The City of Waterloo, a municipal corporation Attention: Quentin M. Hart, Mayor Attention: Kelley Felchle, City Clerk 315 Mulberry Street Waterloo, Iowa 50703 To LHF: L&H Farms, Ltd., an Iowa general partnership Lanehaven Farms, Inc., Partner Attention: Curtis Hollis, President 7502 Hammond Avenue Waterloo, Iowa 50701 Section 13. Amendments. This Agreement may not be modified except in a written instrument signed by the parties. Section 14. Enforceability. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, executors,personal representatives and assigns. No party to this Agreement may 4 Page 63 of 364 assign their/its rights or interests hereunder without the prior written consent of each of the other parties. Section 15. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. Section 16. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed in this Agreement is intended or shall be construed to give to any person or entity, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, agreements, conditions and provisions herein contained, this Agreement and all of the covenants, agreements, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 17. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. Section 18. Intent. It is the intent of the parties that this Exchange Agreement shall permit each party to complete a like-kind exchange pursuant to Internal Revenue Code Sec. 1031 and it is intended to comply with the requirements of the regulations thereunder, including, but not limited to, Reg. 1.1030(k)- 1. To the extent that any provisions herein conflict with the requirements of the safe harbor provisions contained therein, the requirements and the conditions of the statute and the regulations shall control. IN WITNESS WHEREOF, City and LHF have each caused this Agreement to be executed, sealed and delivered as of the day and year first above written. THE CITY OF WATERLOO, IOWA, A MUNICIPAL CORPORATION By: Quentin M. Hart, Mayor 5 Page 64 of 364 By: Kelley Felchle, City Clerk L&H FARMS, LTD. By: LANEHAVEN FARMS, INC., Partner By: Curtis G. Hollis, President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of , 2021, by Quentin M. Hart as Mayor and Kelley Felchle as City Clerk of the City of Waterloo, Iowa, an Iowa municipal corporation. Notary Public in and for Black Hawk County, Iowa STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of 2021, by Curtis G. Hollis as President of Lanehaven Farms, Inc., an Iowa corporation, General Partner of L & H Farms, Ltd., an Iowa general partnership. 6 Page 65 of 364 Notary Public in and for Black Hawk County, Iowa 7 Page 66 of 364 EXHIBIT "A" A 56.8383% interest in the following described real estate: The Northwest Quarter of Section 23, Township 87 North, Range 13 West of the Fifth Principal Meridian, in Black Hawk County, Iowa. 8 Page 67 of 364 EXHIBIT `B" Development Land Parcel That part of the East One-half of the Northwest Quarter of Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian in Black Hawk County, Iowa lying Southerly of Highway U.S. No. 520 as described in 539 LD 996, except that part conveyed to the State of Iowa in Doc. #2006-18278 and except the South 103.6 feet thereof conveyed to the City of Waterloo in Doc. #202000016154. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. *City and LHF herby agree that the above legal description may need to be modified to address concerns or requirements imposed by the Black Hawk County Recorder and/or auditor. 9 Page 68 of 364 EXHIBIT "C" Hayes Contract 10 Page 69 of 364 EXHIBIT "D" ASSIGNMENT OF REAL ESTATE CONTRACT 11 Page 70 of 364 ASSIGNMENT OF REAL ESTATE CONTRACT THIS ASSIGNMENT is made and entered into this day of April, 2021, by and between Brian Hargens, and the City of Waterloo. 1. Assignment. Brian Hargens hereby assigns a 56.8383% interest in his rights, to acquire the The Northwest Quarter of Section 23, Township 87 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, entered into between Thomas C. Hayes et. al. as Seller and Brian Hargens as Buyer(hereinafter the "Purchase Agreement")to the City of Waterloo. 2. Acceptance of Assi ng ment. The City of Waterloo hereby accepts assignment of the Purchase Agreement. 3. Hold Harmless. Brian Hargens agrees to indemnify the City of Waterloo and hold the City of Waterloo harmless from any an all liability on the part of Hargens to complete the purchase of the remaining 43.1617% interest in the real estate included in the Purchase Agreement. THE CITY OF WATERLOO, IOWA, A MUNICIPAL CORPORATION By: Quentin M. Hart, Mayor Brian Hargens By: Kelley Felchle, City Clerk Page 71 of 364 1 I I I I I I I I I I I I 1 I 1 I 1 I 1 I 1 1 1 I 1 I 1 I 1 i 1 1 1 1 I I I I I I I I I I I I 1 I --- ;� I I III I � I I C!* Cb I i 1 1 I 1 \�% I I 1 �`�'------------------ ------------- ----------- - -----_- __________ _________________-_ 1 I _____________ _---------_------- _---------_---------------------------i t------- _________----- ____________ __ I 1 ____ ___ ___________ _______ __ _______ __ _ -_- -- -_-_-_-_-_-_-_-_-_----- ------- ------___ __------_---_---_---_-----_---_---_---_----_ _ _ _ _ _ __ _ _ _---_---_- __ _- ______- --� ---_-_- ---------- ------------------------------------------------------------------- r —-—-— ---------- ----------------- ------------------------------------- ---------- ------------------------------------------------ __________ __________ ________- O ii II I I II I I II I I II I I II C D E F G H I J K L FLOOD CONTROL POND 3.7 AC 3.0 AC 3.0 AC 3.1 AC 3.1 AC 3,0 AC 3,0 AC 3,1 AC 3,5 AC 5,8 AC B II I I 5.5 AC !! I ; GRAPHIC SCALE 0 200 400 800 II 2,0 AC 2,0 AC 2,0 AC 2,0 AC 2,0 AC 2,0 AC 2,0 AC 2,0 AC 2,0 AC 2,2 AC M I I I I A N ❑ EX. CHURCH GG FF EE DD CC BB AA z Y X 4.5 AC 5.0 AC 3.9 AC 3.0 AC (IN FEET) II I I IIk 7717� k1 inch - - 400 FT. II W 05-09-07 II WATERLOO SOUTH DEVELOPMENT RED 6.4 AC V U T S R Q P 3.0 AC 3.0 AC 3.0 AC 3.0 AC 3.0 AC 3.0 AC 3.2 AC HH 100 AC J ❑❑ Li 48 AC z ---i _ Cu U Li LD W z > Q Q Q 3 LD H /-Q F-1--I � 3 75 AC NN H 46 AC PE Vi FUTURE SHAU�IS ROAD FUTURE SHAULIS ROAD 1 JJ KK LL MM 47 AC 47 AC 47 AC 47 AC SOUTH WATERLOO BUSINESS PARK MASTER DEVELOPMENT PLAN FUTURE LOTS PLAN #1 WATERLOO) I❑WA MAY, 2007 SCHENK ENGINEERING COMPANY DATE SHEET No. TOTAL No. WATERLOO, I❑WAPage 72 of 364 1 319-232-7480 CITY OF WATERLOO Council Communication Resolution approving a RISE grant application for an Immediate Opportunity Project, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application, providing financial assurances in conjunction with same, accepting responsibility for improvements to East Lake Street extension, for a total project cost of$598,903.75, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ Application Backup Material Resolution approving a RISE grant application for an Immediate Opportunity Project, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application, SUBJECT: providing financial assurances in conjunction with same, accepting resl2onsibihiy for improvements to East Lake Street extension, for a total project cost of$598.903.75, 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 the application for RISE funds with the Iowa Department of Transportation. Revitalize Iowa's Sound Economy(RISE)program was put into place by the IDOT in 1985. It was established to promote Economic Development throughout the state by allowing assistance for transportation development. The City of Waterloo has utilized the RISE program in many projects such has the Midport Boulevard extension and Fitzway& Galactic Drive Extensions. Summary Statement: The City of Waterloo is applying for the RISE Grant to assist with the extension of Lake Street to serve a new 140,000 square foot facility with a future 20,000 square foot expansion for California Pellet Mills (CPM). Extension of the new road will greatly assist with the operations of the CPM's site and add 10 new High Quality Jobs as defined by the state of Iowa to the City. Expenditure Required: $299,451.88 (50%match) Source of Funds: Bonds/TIF Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 ---creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new Page 73 of 364 investment in CURA area and TIF areas Page 74 of 364 Fom 28(1°02(3-18) CJIGWADOT APPLICATION FORM FOR RISE: IMMEDIATE OPPORTUNITY PROJECT FUNDING GENERAL INFORMATION Applicant Name(City or County of): C ity Of Waterloo Contact Person Noel Anderson, Community Planning and Economic Development Director (Name and Title): Street Address and/or 715 Mulberry St Box Number: City: Waterloo State: IA ZIP Code:50703 Telephone Number:319-291-4366 E-mail: noel.anderson@waterloo-ia.org If more than one agency or organization is involved in this project,please state the highway authority,contact person, mailing address, and telephone number of the second agency. (Attach an additional page if more than two agencies are involved) City or County of: Contact Person (Name and Title): Street Address and/or Box Number: City: State: ZIP Code: Telephone Number: E-mail: Project Title: Lake Street Extension Was this application discussed with or reviewed by Iowa Department of Transportation district office staff? eves ❑ No Have you applied for funding from the Iowa Department of Economic Development? If yes,please explain ❑ Yes ONO the source and conditions. Please complete the following. Thiiity posed project is on a: Street. ❑ Secondary Road. ❑ Primary Road. The proposed project involves: development of a new road(length in feet: 1,025 }. Improvement of an existing road(length in feet: }. ❑ Both. The proposed project involves: ❑ Expanding an existing development. ❑ Attracting a new development. ❑ Retaining an existing development. Has any part of this development or roadway project been started? If yes, please explain. ❑ Yes 19No Does the project involve relocation of economic activity from elsewhere in Iowa?If yes,please explain. ❑ Yes ON o This application is for RISE funding as a: ❑ Loan. *Grant. ❑ Combination. If this application is for a loan or combination loan and grant,please state the proposed terms of repayment(include the amount of principal to be repaid,proposed interest rate, length of repayment,etc.). If this application is for funding for two or three program years,please specify the amount of funding requested for each year. First Year: Second Year Third Year Page 1 of 6 Page 75 of 364 ROADWAY PROJECT COST INFORMATION Please attach an itemized breakdown as Item J. RISE funds requested for Roadway Project $299,451.87 Non-RISE funds available for Roadway Project $299,451.88 List below the source and amount of these non-RISE Roadway Funds: Source Amount Assured? 1. City of Waterloo (GO Bonds) $299,451.88 eyes ❑ No 2. ❑ Yes ❑ No g. ❑ Yes ❑ No 4 ❑ Yes ❑ No Total Cost of Roadway Project $598,903.75 (The RISE funds requested and the non-RISE funds available should equal the Total Cost of Roadway Project.) TOTAL CAPITAL INVESTMENT INFORMATION (For purposes of this application, total capital investment should not include any investment in the roadway project. Please attach an itemized breakdown as Item I.) Capital Investment from private sources(non-roadway) $13,000,000.00 Capital Investment from public sources(non-roadway) $2,077,066.00 Total Capital Investment $15,077,066.00 ESTIMATED PROJECT DEVELOPMENT SCHEDULE The type of development involved is: [ Industrial/Manufacturing. Construction/OfficelWholesale. Park/Tourist/Recreational. Retail. Other(specify). Please state the number of permanent, direct jobs created and/or retained as a result of this project. (Direct jobs created refer to new jobs in firms, developments, or sites specifically assisted by a RISE project but do not include construction or indirect"multiplier"jobs. Direct jobs retained do not include existing jobs unless there is an immediate threat the development will be located out-of-state, and documentation is provided.) Permanent,full-timejobs at present (Use fall-rime equivalents if necessary.) Initial directjobs created 14 (within the first three years) Future direct jobs created (beyond first three years) Total directjobs created 14 Total direct jobs retained 14 Page 2of6 Page 76 of 364 DOCUMENT INFORMATION The following documents and narratives must be submitted with this application. In the upper right corner of each document or narrative write the corresponding letter shown below. [Please refer to the general instructions for an explanation of each item.) UA. A resolution or resolutions approved by the participating local governments. B. A narrative describing the potential economic development. C. A transportation narrative assessing existing conditions, outlining the proposed concept of the roadway project,and the location of associated economic development. D. A reproducible map identifying the general area,the location of the roadway project, and the location of associated economic development. E. A plan and typical cross section of the roadway project. F. A time schedule for the total development, including the roadway project. G. Assurance of at least 20 percent non-RISE financial participation in the project. H. Documentation that arrangements have been made for nonroadway factors intrinsic to the success of the development. 2L An itemized breakdown of total capital investment(nonroadway). J. An itemized breakdown of total roadway project costs.The attached form must be used. K. A narrative describing the associated economic development and jobs.The attached form must be used. L. Documentation that the proposed roadway project and economic development are consistent with any regional or metropolitan area long-range transportation plans in effect for the RISE project. UM• Completed Minority Impact Statement attached to application. To the best of my knowledge and belief, all information included in this application is true and accurate, including the commitment of all physical and financial resources.This application has been duly authorized by the participating local government(s). I understand the attached resolutions) binds the participating local governments to assume responsibility for adequate maintenance of any new or improved city streets or secondary roads. I hereby certify,under penalty of perjury,that any award of RISE funds;any subsequent letting of contracts for design, construction, reconstruction,improvement, or maintenance; or the furnishing of materials therefore; shall not involve direct or indirect interest, prohibited by Iowa Code 15A.2, 31 4.2,362.5,or 331.342,of any state,county, or city official,elective or appointive.Any award of RISE funding or any letting of a contract in violation of the foregoing provisions shall invalidate the award of RISE funding and authorize a complete recovery of any funds previously disbursed. I understand that,although this information is sufficient to secure a commitment of funds,a firm contract between the applicant and the department is required prior to the authorization of funds. Representing the C ity of Waterloo Name of Applicant's Governing Authority Signed Signature in ink Date Quentin Hart, Mayor April 05, 2021 Typed Name and Title Date Attested Signature in ink Date Kelley Felchle, City Clerk April 05, 2021 Typed Name and Title Date Page 3 of 6 Page 77 of 364 RISE IMMEDIATE OPPORTUNITY APPLICATION ROADWAY PROJECT DESCRIPTION AND COST ESTIMATE (RISE-Eligible Items) Lead Applicant Name City Of Waterloo ROAD PROJECT DESCRIPTION Location:Lake Street Length (ft.): 1 ,025 Pavement Width(ft.): 31 Right-of-Way Width(ft.):60 Pavement Type:P C C Depth:8 11 TRAFFIC INFORMATION Present Annual Average Daily Traffic(AADT)in 2017 1,150 Percent Trucks:7 Present AADT in Percent Trucks: COST ESTIMATE Item Description Units Unit Cost Total Cost Clearing and Grubbing 2.33 $5,000.00 $11,650.00 Topsoil, On-Site 2244 $5.00 $11,220.00 Excavation, Class 10 1135 $3.00 $3,405.00 Excavation, Class 10, Borrow On-Site 460 $1.00 $460.00 Subgrade Preparation 3957 $2.00 $7,914.00 Subbase, 6" Modified 3957 $7.00 $27,699.00 Su base, 4" Modified, Temp Turnaround 420 $6.00 $2,520.00 Subbase, Macadam Stone 420 $10.00 $4,200.00 u gra e Overexcavation 400 $7.00 $2,800.00 ranu ar Stabilization 700 $21.00 $14,700.00 torm bewer, Irenchecl, Gasketed50 $45.00 $20,250.00 Storm Sewer, irenchecl, Gasketed500 $53.00 $26,500.00 Storm Sewer, Trenched, as ete RCP, 4" 500 $60.00 $30,000.00 Subdrain, 2042 $12.00 $24,504.00 Subdrain Cleanout 4 $600.00 $2,400.00 Pipe Apron, RC P, 15" 1 $2,200.00 $2,200.00 Pipe Apron, RC P, 24" 1 $2,500.00 $2,500.00 Manhole, - 2 $5,000.00 $10,000.00 Intake, SW-507 6 $5,000.00 $30,000.00 Intake, SW-509 4 $6,000.00 $24,000.00 ubtotal $258,922.00 Page 4 of 6 Page 78 of 364 RISE IMMEDIATE OPPORTUNITY APPLICATION ROADWAY PROJECT DESCRIPTION AND COST ESTIMATE (RISE-Eligible Items) Lead Applicant Name ROAD PROJECT DESCRIPTION Location:Lake Street Length (ft.): 1 ,025 Pavement Width(ft.): 31 Right-of-Way Width(ft.):60 Pavement Type:P C C Depth:8 11 TRAFFIC INFORMATION Present Annual Average Daily Traffic(AADT)in 2017 1,150 Percent Trucks:7 Present AADT in Percent Trucks: COST ESTIMATE Item Description Units Unit Cost Total Cost Pavement, C-4 PCC, 8" 3504 $48.00 $168,192.00 Conventional Seeding, Fertilizing, and Mulching .67 $1,500.00 $1,005.00 Temporary Mulching .67 $1,200.00 $804.00 Sit Fence Installation, Maint., Removal) 2000 $2.25 $4,500.00 Inlet Protection Device (Installation, Maint., Removal) 6 $200.00 $1,200.00 Construction Entrance (installation, Maint., Removal) 1 $2,500.00 $2,500.00 Mobilization 1 $30,000.00 $30,000.00 Maintenance Bond 1 $12,000.00 $12,000.00 Right-of-Way ailroad Subtotal (Pages 1 and 2) $479,123.00 ngineering,legal,administration(maximum 15 percent of subtotal) $71,868.45 ontingency(maximum 10 percent of subtotal) $47,912.30 rand Total $598,903.75 Note: If the Roadway Project is in more than one jurisdiction,please prepare separate cost estimate forms for each portion and submit with application. Page 4 of 6 Page 79 of 364 RISE IMMEDIATE OPPORTUNITY APPLICATION ROAD PROJECT-ELIGIBLE AND INELIGIBLE ITEMS Examples of RISE-Eligible Items Storm sewer(RISE-eligible costs include the cost of construction of longitudinal and outlet storm sewers made necessary by highway construction,in the proportion that the right of way bears to the total drainage area to be served by the proposed sewers.) Right-of-Way and appraisal costs(Based on current market value;a qualified appraisal acceptable to the Iowa DOTS Office of Right-of -Way will be requested for approved projects.) Apron Hot-mix asphalt, intermediate course Backfill Hot-mix asphalt, surface course Cleaning and preparation of base Intake Clearing and grubbing Manhole Concrete pipe culvert Primer and tack coat bitumenlncidental Portland cement Contingency concrete Corrugated metal pipe culvert Removal of pavement Earth shoulder finishing Removal of existing structures Engineering,legal,administration Removal of drives Excavation Removal of sidewalk(if an integral part of the roadway) Granular surfacing of road Rolled stone base Granular surfacing of shoulders Seeding Guardrail Stabilized shoulder finishing Hot-mix asphalt, base Traffic control Examples of Ineligible RISE Items Storm sewer beyond the amount needed to drain the roadway. Any pre application costs(except qualifying advance right of way costs to protect or preserve a project corridor. Written approval from the Iowa DOT must be obtained prior to advance right of way purchase). Donated right of way General government expenses and expenses associated with the provision of any public service Lighting energy and maintenance costs Lighting,except as an integral part of the roadway Nonroadway transportation expenditures Overhead and operating costs associated with eligible project activities Parking expenditures Pavement marking and traffic signs,except as an integral part of the roadway Purchase of furnishings,construction equipment,and personal property Routine roadway,bridge, and culvert maintenance Sanitary sewers Sidewalks, bicycle paths, and railroad-highway crossings,except when replacing or an integral part of the roadway Traffic signalization, except as in integral part of a roadway project Water mains Winter roadway and bridge maintenance Page 5 of 6 Page 80 of 364 Form 165101(3-18) Minority Impact Statement Pursuant to 2908 Iowa Acts, HF 2393, Iowa Code 8.11, all grant applications submitted to the State of Iowa that are due beginning Jan. 1, 2009, shall include a Minority Impact Statement. This is the state's mechanism for requiring grant applications to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s)that pertains to this grant application. Complete all the information requested for the chosen statement[s]. Submit additional pages as necessary. ❑ The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. Describe the positive impact expected from this project. Indicate which groups are impacted. ❑ Women ❑ Persons with a disability ❑ Blacks ❑ Latinos ❑ Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ Other ❑ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. Describe the negative impact expected from this project. Present the rationale for the existence of the proposed program or policy. Page 81 of 364 Provide evidence of consultation with representatives of the minority groups impacted. Indicate which groups are impacted. ❑ Women ❑ Persons with a disability ❑ Blacks ❑ Latinos ❑ Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ Other The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. This project involves improvements to a public street that will be open and accessible to all persons. Accordingly, the proposed project is not expected to have a disproportionate or unique impact on any minority persons. I hereby certify that the information on this form is complete and accurate,to the best of my knowledge. Name Quentin Hart Title Mayor, City of Waterloo Definitions "Minority Persons," as defined in Iowa Code 8.11, means individuals who are women, persons with a disability, Blacks, Latinos, Asians or Pacific Islanders,American Indians, and Alaskan Native Americans. "Disability," as defined in Iowa Code 15.102, subsection 7, paragraph "b," subparagraph (1): b.As used in this subsection: (1) "Disability"means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. "Disability"does not include any of the following: (a) Homosexuality or bisexuality. (b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments or other sexual behavior disorders. (c) Compulsive gambling, kleptomania, or pyromania. (d) Psychoactive substance abuse disorders resulting from current illegal use of drugs. "State Agency,"as defined in Iowa Code 8.11, means a department, board, bureau, commission, or other agency or authority of the State of Iowa. Page 82 of 364 Attachment A I Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA APPROVING A RISE APPLICATION FOR IMMEDIATE OPPORTUNITY FUNDING; DESIGNATING THE MAYOR AS THE OFFICIAL REPRESENTATIVE OF THE CITY, AUTHORIZING THE MAYOR TO AFFIX HIS SIGNATURE TO SAID APPLICATION AND PROVIDING FINANCIAL ASSURANCES IN CONJUNCTION WITH SAME, AND ACCEPTING RESPONSIBILITY FOR IMPROVEMENTS TO LAKE STREET. WHEREAS, providing safe transportation access is an integral component of the City of Waterloo's efforts to retain and attract quality jobs to the area;and WHEREAS, CPM intends to expand its operation with a new 140,000-square-foot facility near the Waterloo Regional Airport;and WHEREAS, construction of the extension to Lake Street is imperative to handle the truck traffic associated with the planned new facility;and WHEREAS,failure to provide adequate access to the development would impact CPM's expansion decision,resulting in a potential loss of jobs to the state;and WHEREAS, it is in the best interest of the City of Waterloo, Iowa, to avail itself of financial assistance through the RISE Immediate Opportunity Program as administered by the Iowa Department of Transportation(Iowa DOT);and WHEREAS,the RISE application best addresses the needs of the City. NOW THEREFORE,BE IT RESOLVED by the City Council of Waterloo,Iowa,as follows: (1) The RISE application for the construction of 1,025 feet of improvements to Lake Street is hereby approved and endorsed by the City Council of Waterloo, Iowa as necessary to assist in the expansion of ten jobs and increased truck traffic related to CPM's new 140,000-square-foot facility. (2) The roadway improvements provided for in this application will be dedicated to public use and adequately maintained by the City of Waterloo. (3) The City assures the Iowa DOT that funds for the local match have been committed to the RISE project. (5) The Mayor is hereby designated as the official representative of the City and is further hereby directed and authorized to affix his signature to said application and certain State assurances in conjunction with same. Passed and adopted this day of 2021. Quentin Hart,Mayor ATTEST: Kelly Felchle,City Clerk Page 83 of 364 Attachment B I Economic Development Narrative The proposed project is in the northwest corner of Waterloo to the east of Leversee Rd and west of the Waterloo Regional Airport. Waterloo is in the center of Black Hawk County at the confluence of US 20, 63, and 218. The project involves the construction of an extension of Lake St to the east of Leversee Rd to provide safe and efficient access to CPM's new 140,000-square-foot facility. The new road will also provide access to 3 developable lots - 12.5 acres in total - to be marketed for light industry and manufacturing developments. For reference,the following Attachments are included in this application: • D-1: Location of the proposed infrastructure in relation to the community • D-2:Site plan for the new facility in relation to the roadway improvements • D-3: City zoning map • E:Sketch plan of the roadway project and a typical cross section Waterloo is a regional employment center for the northeast portion of the state with an estimated 68,673 residents and 48,168 employees in 2014 (MPO 2045 Long-Range Transportation Plan). An essential component of achieving this status as a regional employment center involves attracting a mix of new businesses and redevelopment throughout the community. RISE continues to be integral to these efforts. Successes involving RISE funding in Waterloo include the following: • 18th St Bridge • Sunnyside Heights Office Complex • Ansborough Ave/ US 20 Interchange • TG Drive • Burton Ave Industrial Park • Titan Trail • CBE Group • Tower Park Dr • Commercial St extension • VGM Group • Lone Tree Rd extension • W.C.F. & N. Dr • Martin Luther King Jr. Dr • Winn St • Midport Blvd • Leversee Rd extension • Northeast Dr • Newell St improvements • South Port/Geraldine Rd - Phase 1 • Shaulis Rd improvements Over a decade's worth of economic development activity in Waterloo has resulted in an expanded economic base, providing quality jobs for the community and the region. The expansion of CPM in the Waterloo Air and Rail Park plays an imperative role in continuing to expand the economic base. The City of Waterloo,with the assistance of Grow Cedar Valley, continues its efforts in expanding and diversifying economic opportunities in the region. CPM is the parent to world-leading process equipment and systems companies around the globe. The origin of CPM can be traced back to California's Napa Valley, where, in 1883,the Toulouse& Delorieux Company manufactured presses, crushers, and stemmers for winemakers. In 1931,the company became California Pellet Mill (CPM)with the creation of the first pellet mill. In the 1980s,the company substantially expanded their product offerings through the creation of Roskamp Champion with the acquisition of the Roskamp Roller Mill Company and Champion Hammermills. In 2002, Beta Raven, a leading supplier of feed mill automation and ingredient scaling systems,joined the team. CPM is the worldwide leader in material grinding and preparation equipment for the oilseed, animal feed, ethanol, biomass, chemicals,waste recovery, and many other industries. The company is based in Waterloo, with affiliate offices through California Pellet Mill. Products engineered and manufactured by CPM include flaking mills, hammermills, pellet mills, roller mills and crushers, conditioners, coolers, and much more. CPM has 117 employees based out of the Waterloo office. Page 84 of 364 Attachment B I Economic Development Narrative The City of Waterloo is working with CPM who intends to significantly expand its facilities and operations. The company plans to construct a new 140,000-square-foot facility to serve as the headquarters for the California Pellet Mill and Roskamp Champion product lines supporting sales, engineering, research and development, order fulfillment(fabrication, weld,assembly, warehousing), and aftermarket functions. The new facility will also serve as CPM's back-office support facility for North American Operations. To operate the new$13 million facility, CPM will be hiring 14 new permanent employees: 9 direct laborers (assembly, welding,warehouse), 3 manufacturing support(buyer/planners), and 2 engineers (product, application, order support). Assuming adequate funding is obtained, CPM will employ these new positions within a two-year time frame. The land associated with this proposed development is currently owned by the City of Waterloo and will be deeded to CPM for$1. The roadway will provide access to CPM's new 140,000-square-foot facility as well as 3 lots (12.5 acres)for future development. If CPM is to be successful in this expansion project, it is imperative that the roadway improvements be implemented. Failure to complete this project could result in the loss of these jobs and the taxable industrial development. Page 85 of 364 Attachment C I Transportation Narrative .......................................................................................................................................................................................................................... EXISTING CONDITIONS Several primary highways and arterial streets provide access to the Waterloo Air and Rail Park and CPM's planned facility including the following: • US 218 - NHS Route; Critical Urban Freight Corridor and Critical Rural Freight Corridor; located immediately to the west via Lone Tree Rd, provides regional access to US 63, US 20, IA 58, and IA 57. • US 63 - NHS Route; located five miles to the east via West Airline Hwy; provides major north to south connection. • US 20 - NHS Route; Critical Urban Freight Corridor; located in the southern half of Waterloo; provides critical east to west connection to Interstates 35 and 380. • Interstate 35 - 61 miles west of Waterloo;serves as a major north-south corridor in the United States. • Interstate 380 - Connects Waterloo to Cedar Rapids and Interstate 80. • West Airline Hwy- Located to the south;two-lane facility connecting to US 63. Currently, rail service is not available to the proposed facility and future lots. However,should a prospective business require rail service,the City is well-positioned to develop a rail spur off the CN line to the south. Air service is available via the Waterloo Regional Airport located immediately to the east(three miles by road). Considering the proximity to US 218 and US 63, most of the shipping in and out of this area is anticipated to rely on truck transportation. .......................................................................................................................................................................................................................... PROPOSED IMPROVEMENTS This application provides for the construction of an extension to Lake St to the east of Leversee Rd. Once complete,the roadway will provide access to CPM's new 140,000-square-foot facility as well as 3 lots(12.5 acres)for future development. The additional lots will be marketed for light industrial and manufacturing developments. Attachment E provides a sketch plan of the roadway project and a typical cross section. Attachment D-2 provides a site plan for the new facility and identifies the location of the roadway improvements. The City of Waterloo owns the land on which the proposed road will be constructed. Accordingly, no land acquisition will be necessary prior to construction. ....................................................................................................................................................................................................................... TRANSPORTATION JUSTIFICATION This project will provide several advantages for CPM including ease of access for tractor trailers (Leversee Road traffic counts will continue to rise as development occurs)and accommodation for oversized loads. The project will support desired manufacturing flow with south side access points segregating most truck traffic to the south side of the campus. The site design also accommodates unencumbered building additions to the north and east, and the roadway would reduce site development costs for CPM. The Waterloo Air and Rail Park is well-situated for long-term success. The location in relation to the Interstate System, National Highway System, and Critical Urban and Rural Freight Corridors provides an ideal location for light industry and manufacturing businesses. Should any prospective business require rail service,the City is well-positioned to develop a rail spur off the CN line to the south. Furthermore,the Waterloo Air and Rail Park may be expanded further to the south with minimal additional infrastructure required. Approximately 35 acres of developable land is situated beyond the project termini in this application. The proposed roadway is vital to the success of CPM's proposed facility, and to the City of Waterloo's efforts to provide high-quality sites for light industry and manufacturing. Without the new roadway, development in the Waterloo Air and Rail Park will be in jeopardy. Page 86 of 364 State of Iowa Waterloo, Iowa Inn m Inn ....... t -- ------------- ------------ ......... co Mo oma 11A As........... z] 63 63 G) Inn m z- 21 20 z > - . .E. so 218 27 < m -----I—E.E I-.E I T-1— All GILT— ALLA. AIRLINE HWY-- A .G TTAW IW _A_ IAII —11 A.— WA—] Ar— A.A.- G­Ty AM L— Es --------- DONALD ST E.0 1A. PAGE T—O _G _EI, _EI, E� 21 -41 218 > am 0 NEWELL ST 0 50 100 mmmK:::mmmK=Miles MLK JR BLVD m 17 -INDEPENDENCE AVE x Black Hawk County U Janesville c5s Nk 218 27 C57 T' %TALL e Et 'I—R-U N— 'Iz ;HEIGHTS C69 C66 Lp"I Dunkerton 63 Waterloo W RIDGEWA AVE Cedar D16 L LE 1317 Falls 218 20 27 218 20 27 pig 27 E— ilk Run M. Jesup S-NMAR ANDIR Heights D18 D22 20 Evansdale Raymond 20 27 20 > >am > z 0) K 63 co co am SK S�RQ >- —-K 0.) SKI- 0— 0 38 x I z Hudson D15 Gilber-tville 0 >1— 0 Z Das G) < > am < 63 21 m rD 218 > rt ... ... -------------- --------------< ---------- D46 D48 HUDSON ? 63 1 D52 La Porte City 1 -------------------- ------ 218 0 rD N N 0 0 5 10 0 1 2 rINRCOG mmmmmzzzzmmmmKz=Miles Miles .(—h.21) 1111-311 Ir....ahG 0 Page 87 of 364 t ` Attachment D-2 MidPort America I Business Parlez Waterloo, Iowa _ WARP Drive Extension `�\ I r .. wlf 9.96 ACRES (434,000 SF) s i ) J 20 ACRES (871II `\ ,200 SF) OfoR� Future Extension Opens Up 20.5'Acres I I Aft L �wit r n� II11 Future Extension E LAKE STREET (FUTURE EXTENSION) Proposed Extension " Future Extension Opens Up 14.5 Acres Opens Up 12.5'Acres ' rPage ee ■ MINOR I �iletlltLis '�m�ill��li . J oil 4�i7R RRR t 1. .l+ • t RIR ~'.. e w�l '.� / f +f � f f-• R R RRL I iR- RRRtl�1 _ -i lea e• � '!RR RRRRd f' at ®% `F� lRlaw�eR: w t• l.,Jt fEEEIERR�,R4 eer F aR - 1��R!eRR R•Il��r- t_ .- J loll l �� II�� Rt"a�� �rm R ,>�� :,�• ` �A�IeRIIRiiisli Rr� I� `°I1�� �� ���'���I�•��iIRRRY �f � �.� .i �e ��'R�R R-.. � ! ecce — �., iiE sl %ReR s o � '"� .jam `��• - ER N — •��® RRF Ra[I "cisll i' �.RR.R1RA i �r- 'ilk — ER.I _ 1 iieee� IFF;I 1 1 f f f � ;L 1■ E��>� R� 1111 � e' e Attachment E D m x o x A LEVERSEE RD O A � AW D D vz 0 D M m N w '.A m o '.0 0 A O D>> M Wz z5o ° O � W n _ o z � c W W A fy11 W A N I M z o 0 z o CITY OF WATERLOO,IOWA mC ENGINEERING DEPARTMENT LEVERSEE RD RISE x m a 715 MULBERRY STREET PROJECT ROAD LAYOUT$TYPICAL N M .WATERLOO,IOWA 50703 izi (319)291-0312 PHONE SECTION IQ( of 64 (319)291-0262 FAX Attachment F I Time Schedule Submittal of RISE Application to the Iowa DOT.............................................................April 2021 Iowa DOT Commission approval of RISE Application.....................................................May 2021 Begin Roadway Design...................................................................................................June 2021 Construction contract letting......................................................................................August 2021 Roadway construction complete.....................................................................................May 2022 Page 91 of 364 Attachment G I Non-RISE Financial Participation Certification The City of Waterloo has committed up to$299,451.88 (50 percent match) in local matching funds towards the construction of the proposed improvements to Lake Street. These funds will come primarily from General Obligation bonds. The commitment is formalized in the resolution included as Attachment A. Page 92 of 364 Attachment H I Non-Roadway Factors .......................................................................................................................................................................................................................... LAND OWNERSHIP The land and new facility will be owned by CPM. The City will be deeding 20 acres of land to CPM for$1 for the proposed 140,000-square-foot facility outlined in this application. The additional lots that will be opened for development by this roadway project are owned by the City of Waterloo. ...................................................................................................................................................................................................................... FACILITY DESIGN CPM is currently conducting intensive design sessions to finalize space,volume, and relationships of all functional aspects of the facility operations. The design will employ principles to minimize pedestrian conflicts with vehicles and equipment with appropriate parking,sidewalks, lanes and markings, and access points. Supporting technologies for security and building access will also be incorporated into the design. ........................................................ LABOR FORCE TRAINING All training of new employees will be done in-house by CPM. .......................................................................................................................................................................................................................... ZONING The location for CPM's new facility is within Waterloo city limits. The area is zoned M-2, P(Planned Industrial). .......................................................................................................................................................................................................................... UTILITIES All utilities are in place at the location of the proposed new facility. .......................................................................................................................................................................................................................... FINANCING The City of Waterloo will provide up to$299,451.88(50 percent match) in local matching funds towards the construction of the proposed improvements to Lake Street. These funds will come primarily from General Obligation bonds. .......................................................................................................................................................................................................................... PERMITS All necessary permits will be secured for this project. Page 93 of 364 Attachment I I Total Capital Investment Building& Equipment $13,000,000 Land (20 acres at$65k per acre) $1,300,000 Sanitary Sewer& Drains $105,325 Water Mains&Appurtenances $103,725 Sitework& Landscaping $70,612 Earthwork $497,404 Total Capital Investment $15,077,066 Page 94 of 364 Attachment K I Associated Economic Development&Jobs Narrative DESCRIPTION OF ASSOCIATED ECONOMIC DEVELOPMENT AND JOBS—ITEM K Iowa law requires a number of factors be considered in assessing applications for RISE funding. To comply with this requirement,it is necessary that applicants provide additional information about the businesses and jobs that would be assisted by the requested RISE project funds. The following information must be provided for each business used to justify the project. Please note that all information supplied to the DOT is public information and cannot be held confidential. 1. Each business involved should prepare a narrative addressing the following points. The narrative should be attached to the application as"Item K." A. A description and history of the business,including the location of company headquarters,all current plants(both in-and out-of-state),and the number of full-time and part-time employees at each location. Established in 1883,CPM is a leading supplier of process equipment and technology for the animal feed,oilseed, bioenergy,compounding,engineered materials,and human food processing industries. The Company operates through four segments: California Pellet Mill,Crown,CPM Extrusion,and CPM Thermal Processing which design,produce,and support equipment and systems under globally recognized brands. CPM Holdings is headquartered in Minneapolis,MN,and has more than 1,200 employees with production facilities in the Americas, Europe,and Asia. CPM's California Pellet Mill division designs,produces,and supports roller mills,hammer mills,flaking mills, conditioners,pellet mills for blue-chip customers including ADM,Cargill,Perdue,Tyson, Sanderson Farms,and hundreds more. CPM customers serve animal feed,biomass,oilseed,and broad industrial end markets. DOMESTIC LOCATION OVERVIEW(CPM Segment) Waterloo,IA-Admin, Sales,Engineering,Manufacturing,Warehouse,Lab-Owned-70,000 sq.ft.- 117 employees Cedar Falls,IA-Assembly,Warehouse-Leased-38,000 sq. ft. -4 employees Crawfordsville,IN- Sales,Manufacturing-Owned-60,000 sq. ft. -63 employees Merrimack,NH-Sales,Engineering,Assembly,Warehouse-Leased-37,000 sq. ft. -20 employees B. Data supporting historical and projected growth potential. CPM US Revenue in 000 USD(including intercompany) 2017 2018 2019 2020 WL 47,339 46,062 51,581 43,395 MM 41,631 40,325 34,040 29,803 CV 11,743 12,068 15,577 14,120 Total 100,713 98,455 101,198 87,318 *data does not include intercompany revenues to sister unit(international sales). CPM-US is projected to exceed $l OOM in normal years. C. The hourly wages and turnover rates for each current job classification. Job Classification Avg Hourly Rates Turnover Rate annualized 1-First/Mid-Level Officials and Managers $46.35 4.55% 2-Professionals $33.88 12.07% 3-Technicians $24.62 0.00% 4-Sales Workers $36.52 0.00% 5-Administrative Support Workers $23.12 21.05% 6-Operatives $22.86 10.42% 7-Laborers and Helpers $17.15 18.75% A-Executive/Senior Level Officials and Managers $98.08 10.00% 1 Page 95 of 364 D. The hourly wages,whether full-or part-time,and expected turnover rates for each future job created. Job Title Number of Jobs Created Starting Hourly Wage Direct Labor(assembly,welding,warehouse) 9 $19.10 Manufacturing Support(buyer/planners) 3 $25.00 Engineering(product,application,order support) 2 $34.00 Total/Average: 14 $22.49 E. A description of employment conditions,including an itemized list and dollar value per employee of any job benefits,work environment,safety record,opportunity for advancement,etc. Employment will be contained within totally modern facilities with advanced manufacturing planning and execution. Benefits include market health(medical/dental/vision),wellness,LTD/STD insurance,and 401(k)with a company match of 50%invested up to 8%of base salary. Health benefits are market competitive,with the company covering 60-78%of premium cost,depending on enrollment selections. CPM maintains a better safety record than our industry norm(NAICS 333111),and opportunities for career advancement. F. A list of any civil or criminal violations of state or federal law which the company has been charged with or convicted of during the last five years. Please include the violation and date,the agency which charged the violation,the outcome or resolution,and any penalties or settlement terms. NONE G. Percentage of in-state suppliers. BY COUNT,25-30% H. Iowa companies you expect to sell to which currently buy from non-Iowa companies and the percentage of your sales that will fall into this category. In FY20 MM sold$997,000 into Iowa= 1.1% I. Expected impact on import substitution. (Import substitution means replacing inputs,products or services previously provided by out-of-state firms or from out-of-state locations with Iowa inputs,products or services.) No anticipated impact J. Other Iowa companies that could be considered as your competitors. Jacobs(but small) K. Required environmental permits. EPA compliance when necessary. There are no material permitting requirements today. 2. Briefly answer the following questions in the space provided. A. Is the company willing to give hiring preference to Iowa residents,or residents within a 30-mile radius,for the jobs created as a result of this project? Please provide a written plan describing the company's hiring procedure and priorities. Yes,by default B. If the company has,within three years of application for assistance,acquired or merged with an Iowa corporation or company,has it made and will it continue to make a good-faith effort to hire the workers of the merged or acquired company? N/A 2 Page 96 of 364 C. What percentage of the company's total operating expenditures(including wages and salaries)will be spent within the state of Iowa? 45% D. Of the total dollar amount of annual sales,what is the expected percentage of out-of-state sales? 97% E. Are any other state funds being requested for the road or economic development project? If so,please list the source,amount requested,and purpose of funding. No 3 Page 97 of 364 I N RCOG Attachment L Iowa Northland Regional Council of Governments April 6, 2021 RISE Program: Immediate Opportunity Iowa Department of Transportation Systems Planning Bureau 800 Lincoln Way Ames, IA 50010 To Whom it May Concern: RE: Lake Street Improvements RISE: Immediate Opportunity City of Waterloo As required, we have reviewed the above referenced project to ensure that it is consistent with the Black Hawk County Metropolitan Planning Organization's 2045 Long-Range Transportation Plan. Based on this review, we concur that the project is consistent with the goals and objectives of the Plan. The project specifically relates to the MPO goals to "support an efficient transportation system", and "provide a high degree of multimodal accessibility and mobility". The proposed project is also supported by the following FAST Act planning factors: • Support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency • Increase the accessibility and mobility of people and for freight • Promote efficient system management and operation Should you have any questions or require additional information relating to this project, please contact me at your earliest convenience. Sincerely, Kevin Blanshan Executive Director Ikir-a0-^f- 1 MAa,M-r&,Ir!P-�r. P_a^M Mr%^e-Ptsr! Developing Strong Local Government through Regional Cooperation 229 E ParkAvenue I Waterloo Iowa 50703 1 P (319) 235-0311 I F (319) 235-2891 I www.inrcog.or Page 98 of 364 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021, and date of public hearing as May 3, 2021, in conjunction with Demolition Services, Contract No. D-2021-05-7P, located at 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street, and instruct the City Clerk to publish notice. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ Demolition RFB Contract#D-2021-05-7P Backup Material ❑ Exhibit B-Bid Specs- Contract#D-2021-05-7P Backup Material ❑ Contract#D-2021-05-7P.doc Backup Material Resolution approving 12reliminary_plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021, and date of public hearing SUBJECT: as May 3, 2021, in conjunction with Demolition Services, Contract No. D- 2021-05-7P, located at 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington. 915 Linden Avenue, and 200 Merriman Street, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Most of the properties were acquired through Iowa Code 657A, and have already been tested and abated for asbestos, and are now being demolished. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 99 of 364 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] Demolition RFB Contract #D-2021-05-7P City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 100 of 364 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (Non-RACM) demolition, removal, disposal and site clearance of 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street. All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday April 22, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES — (Non-RACM) Demolition Contract# D-2021-05-07P—725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street, and the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Demolition and Site Clearance Services (Non-RACM) Demolition Contract # D-2021-05-07P —725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street. Notice of RFB Date: April, 8, 2021 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday April 22, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (NON-RACM) DEMOLITION CONTRACT# D-2021- 05-08P — 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street. City Hall-City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative) E-mail Address: chris.western(a�-waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM):725 Glenwood,663 Kern Street,214 §kfi,S!119ef,of 364 409 Wellington Street,413 Wellington,915 Linden Avenue,and 200 Merriman Street. 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday April 22, 2021, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday May 3, 2021. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials will participate both in person at council chambers and via videoconferencing. To speak at the public hearing in person, go to the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street, Waterloo, Iowa at 5:30 p.m. on the date of the public hearing. For information on how to participate in the public hearing via Zoom video conferencing, see https:Hcityofwaterlooiowa.com/register . Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM):725 Glenwood,663 Kern Street,214 P0916-'452,of 364 409 Wellington Street,413 Wellington,915 Linden Avenue,and 200 Merriman Street. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM):725 Glenwood,663 Kern Street,214 §kfi,-40S,of 364 409 Wellington Street,413 Wellington,915 Linden Avenue,and 200 Merriman Street. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM):725 Glenwood,663 Kern Street,214 P0916-'454,of 364 409 Wellington Street,413 Wellington,915 Linden Avenue,and 200 Merriman Street. SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately three (3) months beginning May 3, 2021 to August 3, 2021. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM):725 Glenwood,663 Kern Street,214 P0916 S4515,of 364 409 Wellington Street,413 Wellington,915 Linden Avenue,and 200 Merriman Street. 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for (Non-RACM) demolition and site clearance services for: 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM):725 Glenwood,663 Kern Street,214 §kfi,-406,of 364 409 Wellington Street,413 Wellington,915 Linden Avenue,and 200 Merriman Street. Important note: The structures are currently being abated of asbestos, and upon notice to proceed the property will be deemed to be clear of, or have been abated for, asbestos containing materials (ACM) and may be handled as such. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM):725 Glenwood,663 Kern Street,214 §kfi,S41091,of 364 409 Wellington Street,413 Wellington,915 Linden Avenue,and 200 Merriman Street. EXHIBIT""A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the site is, not to exceed: 725 Glenwood $ 663 Kern Street $ 214 Cottage Street $ 409 Wellington Street $ 413 Wellington $ 915 Linden Avenue $ 200 Merriman Street $ Total $ Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid Page 108 of 364 EXHIBIT `B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, 200 Merriman Street. [No Regulated asbestos containing materials (Non-RA CM)J PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Chris Western, Planner II/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees, structures, cement slabs, and driveways, trash, rubbish,basement walls, floors, foundations, steps,planters, retaining walls, fences, wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), driveways, and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. B. Remove the materials from the demolition site in accordance with federal, state and local regulations. C. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. D. Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors,ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. E. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Complete the demolition work in accordance with the plans and these technical specifications. Page 109 of 364 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards 2 Page 110 of 364 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals,power poles, telephone poles, fire alarm boxes, wire cables, pole guys,underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities,which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 3 Page 111 of 364 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible,responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 4 Page 112 of 364 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris,basement walls, foundations, steps,private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed inPart 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees,permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on the project (excluding any Limited Notice to Proceed). It is anticipated that the City will issue a Notice to Proceed immediately for purposes of completing required utility disconnect work. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least 5 Page 113 of 364 $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers and employees, shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, slabs of basementless structures and floors, including that of attached garages, are required to be completely removed and shall be broken up and removed. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re- excavation of the basement area at the Contractor's expense. The City cannot provide verification regarding the area of the basements,but the Black Hawk County Assessor's detailed reports indicate that all six (6)properties have full basements. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property or the items noted above. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of any tree or such removal will be considered incidental and shall be included in the lump-sum bid for demolition. E. Fences: Fences, guardrails,bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. 6 Page 114 of 364 G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: If applicable, Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene,benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 45513.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials, rubbish, and trash shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. 7 Page 115 of 364 C. Tires, Household Hazardous Waste,White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks,paint,pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters,hot water heaters, etc.) and electronics (e-waste)will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public,private property and public infrastructure. E. Freon Removal and Disposal: The handling of Freon-containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. F. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING,AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. 8 Page 116 of 364 B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. Final Cleaning Up: 1. Before acceptance of the demolition work,the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces,parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 9 Page 117 of 364 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with private utility companies for disconnection of services, including, but not limited to, electricity, natural gas, cable television,phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Backfill and Compaction within City Right-of-Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off-site vehicle track out(stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40%Berkshire Hard Fescue 30% Treasure Chewing Fescue 30%Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. 10 Page 118 of 364 For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan(SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre-disturbance inspection prior to land disturbance, and for post-disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 11 Page 119 of 364 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill—refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste)to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the Project Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a"not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 12 Page 120 of 364 CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No-Regulated Asbestos Containing Materials (RACM)] Demolition Contract#D-2021-05-7P 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, 200 Merriman Street. This Contract for Demolition and Site Clearance Services (No-RACM) (the "Contract") is entered into as of May 5, 2021 by and between the City of Waterloo, Iowa("City") and (Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period from after the date of this Contract to June 30, 2021, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor will be paid a lump sum for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted at the completion of project and will be paid within thirty(30) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Response (Proposal) d. Specifications for Demolition and Site Clearance e. Signature Page £ Building Demolition Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$ Page 121 of 364 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 2 Page 122 of 364 C. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 1913, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract,together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, 3 Page 123 of 364 legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Contractor Attest: Kelly Felchle, City Clerk 4 Page 124 of 364 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 3, 2021, for the sale and conveyance of city owned property located at 928 Mulberry Street, in the amount of$2,730, to David Deeds, and instruct the City Clerk to publish notice. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material ❑ Map of 928 Mulberry St Backup Material Resolution setting date of public hearing as May 3, 2021, for the sale and SUBJECT: conveyance of city owned property located at 928 Mulberry Street, in the amount of$2.730. to David Deeds, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City acquired the property in 2011. The lot will be sold to David Deeds for the sum of 2,730.00 after the city demolishes the home. David owns the Summary Statement: adjacent property and plans to construct a fence on the property for a larger yard. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Sale of Property The Southeasterly 51 feet of Lot No. 1 except the Northwesterly 5 feet of the Northeasterly 43 feet thereof, and the Northeasterly 20 feet of the Legal Descriptions: Southeasterly 51 feet of Lot No. 4 all in Block No.25 in the Original Plat on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Page 125 of 364 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between David C. Deeds ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer owns real property at 922 Mulberry Street, Waterloo, Iowa, and is willing and able to finance improvements to abutting property at 928 Mulberry Street (the "Property") that is owned by City. B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Sale of Real Estate; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $2,730.00 (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) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Developer until City has demolished the dilapidated structure now on the Property and removes the debris. Developer may, at its own Page 126 of 364 expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer 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 Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall erect a fence, of wood or metal materials, at least 3.5 feet in height around the perimeter of the Property, but may elect not to erect a fence between the Property and his own parcel, and shall otherwise beautify and maintain the Property with landscaping, grass, garden and/or other plantings (the improvements described in this paragraph are collectively referred to as the "Improvements"). 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. Developer 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 other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". Until Completion of the Improvements, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to Developer's actual progress with respect to construction of the Improvements. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to rehabilitate the Property in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Developer, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must complete the Project work within twelve (12) months after the date of conveyance (the "Project Completion Date"). If Project work 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 Developer (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 the Improvements are not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 11, title to the Property shall revert to City, and City shall have no further obligation hereunder. 2 Page 127 of 364 4. Reverter of Title; Indemnity. In the event of any reverter of title of the Property, Developer 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 Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in-fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property or Property of any type or nature whatsoever that attaches to the Property or Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Incentives. City will provide the following Project incentives: A. Demolition. During summer of 2021, City will demolish the existing structure on the Property, dispose of all debris off site, and backfill the site and level to grade. B. Purchase Price Refund. If Developer constructs a garage with a permit value of no less than $20,000.00 within five (5) years after the date of Property conveyance, then City will refund the Purchase Price to Developer within sixty (60) days after Developer provides proof of completion and final inspection. 6. No Encumbrances. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property. 7. No Assignment or Conveyance. Developer 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, which City may withhold or condition in its sole discretion. 3 Page 128 of 364 8. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 9. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It has the means and wherewithal to enter into and perform its obligations under this Agreement. B. There are no actions, suits or proceedings pending or threatened against or affecting Developer 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 financial position or activities of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 10. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, the Property or this Agreement, without the prior written consent of City before completion of the Project; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Developer (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 4 Page 129 of 364 bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer 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 Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 11. Remedies. A. Default bV Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer 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 Developer 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, including but not limited to reverter of title as set forth in Section 4, to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer 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 Developer 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. 12. Indemnification. Developer 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 Project site or 5 Page 130 of 364 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 Developer, its heirs, successors, assigns or agents, or any other person who may be about the Project site 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. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer 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. Developer 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. 14. Performance by City. Developer 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. 15. 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. 16. 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 Developer, at 922 Mulberry Street, Waterloo, Iowa 50703. 6 Page 131 of 364 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. 17. 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 Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 19. 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. 20. 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. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. 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. 7 Page 132 of 364 23. 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. 24. 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 Developer By: Quentin M. Hart, Mayor David C. Deeds Attest: Kelley Felchle, City Clerk 8 Page 133 of 364 EXHIBIT "A" Legal Description of Property ORIGINAL PLAT WATERLOO EAST SE 51 FT LOT 1 BLK 25 EXC NW 5 F T NE 43 FT NE 20 FT SE 51 FT L OT 4 BLK 25 Page 134 of 364 gVN � � 46 �s tdN !� - � 'Gi �:�. + � Vit` •`� ,�� 41 �x\ IN Op w FTT• a" y DC7 Ch 1 Citic of Waterloo, Iowa W�E S Page 135 of 364 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 3, 2021, for the sale and conveyance of City property located northeast of 712 W Park Avenue, in the amount of$1.00, to Iowa Heartland Habitat for Humanity, and instruct the City Clerk to publish notice. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material ❑ Map Backup Material Resolution setting date of public hearing as May 2021, for the sale and SUBJECT: conveyance of City_property located northeast of 712 W Park Avenue, in the amount of$1.00, to Iowa Heartland Habitat for Humanity, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City acquired the lot in 2018 and demolished the home in 2019. The city Summary Statement: has been working with Habitat for Humanity to develop infill lots throughout the city in recent years. Expenditure Required: $5,000 infill policy when home is complete Source of Funds: Nuisance bonds Policy Issue: Sale of Property Legal Descriptions: Lot 51,Auditor Rainbow's West Side Plat in the City of Waterloo, Black Hawk County, Iowa. Page 136 of 364 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2021, by and between Iowa Heartland Habitat for Humanity ("Company") and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct single-family dwellings and related improvements on property located in the City of Waterloo, including infill lots in established residential neighborhoods. 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 Projects (defined below) have been undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Sale of Property; Title. Subject to the terms hereof, City shall convey to Company for the sum of $1.00 (the "Purchase Price") the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance by City 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) restrictions imposed by the City zoning ordinances and other applicable law. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company 1 Page 137 of 364 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 acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Company shall construct on the Property a single-family dwelling meeting at least the minimum square footage standards of the Habitat for Humanity organization, 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 (home construction and finishing as so described are referred to as the "Improvements"). The parties agree that the dwelling will have a value of at least $150,000 upon completion. 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 design and site plan for City review and 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, 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". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the 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 taking title to the Property (the "Project Start Date"), and construction of Improvements must be Substantially Completed within eighteen (18) 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 14, title to 2 Page 138 of 364 the Property shall revert to City, 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 14, title to the Property shall revert to City, and City shall have no further obligation hereunder with respect to such Project. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Development Grant. Within ninety (90) days after a certificate of occupancy is issued for the Improvements, City will pay a $5,000.00 grant to Company in accordance with the City's infill housing policy. 3 Page 139 of 364 7. 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. 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 thereon, 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. 9. 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 to maintain 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 a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. 10. Representations and Warranties of City. City hereby represents and warrants as follows: 4 Page 140 of 364 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. 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. 5 Page 141 of 364 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. 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. Transfer by Company of any interest (either directly or indirectly) in the Property, the Improvements thereon, or this Agreement, without the prior written consent of City; C. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, 6 Page 142 of 364 or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. D. 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. 14. 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 or to recover ownership of the Property as set forth in this Agreement. 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 7 Page 143 of 364 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. 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. 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 803 W. 5t" Street, Waterloo, Iowa 50702, Attention: Executive Director. 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, 8 Page 144 of 364 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 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, 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. 9 Page 145 of 364 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. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin M. Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk 10 Page 146 of 364 EXHIBIT "A" Property Description Lot 51, Auditor Rainbow's West Side Plat in the City of Waterloo, Black Hawk County, Iowa. 1 Page 147 of 364 - o G r ST CitLj of Waterloo, Iowa W�E S Page 148 of 364 CITY OF WATERLOO Council Communication Resolution approving Acknowledgment/Settlement Agreement-First Violation and check in the sum of$300 for Kings and Queens Club, 304 W. 4th Street, Waterloo, Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:4/19/2021 Prepared: 3/30/2021 ATTACHMENTS: Description Type Order Accepting Acknowledgment/Settlement Backup Material Agreement-First Violation Resolution approving Acknowledgment/Settlement Agreement-First SUBJECT: Violation and check in the sum of$300 for Kings and .Queens Club, 304 W. 4th Street, Waterloo. Iowa, for sale of tobacco to minor violation-first offense, and authorizingthe e Mayor and City Clerk to execute said document. Submitted by: Submitted By: Martin M. Petersen, City Attorna Approve Acknowledgment/Settlement Agreement and check in the sum of Recommended Action: $300.00 made payable to the City of Waterloo, and authorize the Mayor and City Clerk to execute an Order Accepting Acknowledgment/Settlement Agreement-First Violation. Page 149 of 364 BEFORE THE WATERLOO CITY COUNCIL IN RE: KINGS AND QUEENS CLUB ORDER ACCEPTING 304 W. 4TH STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this 19th day of April, 2021, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above- captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above-captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 150 of 364 Page 151 of 364 CITY OF WATERLOO Council Communication Resolutions setting date of public hearing as May 3, 2021 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) City Council Meeting:4/19/2021 Prepared:4/2/2021 ATTACHMENTS: Description Type ❑ Council Comm GCP UR Bond Hearings April 2021 Backup Material ❑ 2021 CIP Project Listing Backup Material Resolutions setting date of public hearing as May 3, 2021 on the proposed issuance of the following bonds and instruct the City Clerk to publish notice. (Details on projects covered by each hearing are on file for review.) (a) GCP-2 -Not to exceed $700,000 General Obligation Bonds (General SUBJECT: Corporate Purpose) (b) GCP-3 -Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (c) ECP-UR-4-Not to exceed $1,300,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer General Obligation Bonds -GCP-2 - Not to exceed$700,000 General Obligation Bonds for general corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the reconstruction, renovation and improvements to sports and park facilities through the sports facilities improvement fund and the park improvement fund; the acquisition and repair of city irrigation systems; reconstructing, improving and equipping Young Arena; equipping city departments and City Hall, including technology and software; the renovation, construction, improvement and equipping of the golf course; programs to promote traffic safety; the acquisition, improvement, and equipping of the public library; the construction, reconstruction and renovation of public art; the acquisition of vehicles for various city departments; and funding of the Red Cedar Initiative to promote business development and shall bear interest at a rate not exceeding the maximum specified in the attached notice. General Obligation Bonds -GCP-3 - Not to exceed$700,000 Recommended Action: General Obligation Bonds for general corporate purposes of said City, the construction, reconstruction, improvement, renovation, and equipping of aquatic facilities and shall bear interest at a rate not exceeding the maximum specified in the attached notice. General Obligation Bonds — ECP/UR-4 -Not to exceed$1,300,000 Page 152 of 364 General Obligation Urban Renewal Bonds for essential corporate urban renewal purposes,the proceeds of which bonds will be used to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, the Crossroads Urban Renewal Area, the Martin Road Development Area, the Northeast Site Urban Renewal Area and the Rath Area Redevelopment Area, such as those costs associated with acquisitions of properties and related demolition and clearance activities, grants to private developers, public infrastructure projects including streets, streetscape, and utility improvements, costs of the downtown development plan; and the improvement, reconstruction, equipping and repair of the Sullivan Convention Center. We are planning to sell$13.5 million in general obligation bonds for a number of general purposes this spring. Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, Summary Statement: which reduces future administrative costs. A hearing covering many Essential Corporate Purpose projects was held and approved March 15, 2021. Please see the attachment for general project language. We plan to use the State of Iowa Revolving Fund for sewer project funding. Public hearings will be held for those projects at a later date. The new principal amount of$13,500,000 plus interest will be required to be Expenditure Required: repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would Alternative: likely increase. For example, a number of the planned projects have been mandated by regulatory agencies that could have financial implications if the projects aren't completed as required. Background Information: A general listing of projects planned to be completed using bond proceeds authorized by these hearings will be provided prior to the hearings. Page 153 of 364 CITY OF ERLOO FINANCE DEPARTMENT Michelle Weidner, CPA Chief Financial Officer Council Communication City Council Meeting: April 19, 2021 Prepared: April 6, 2021 Dept. Head Signature: Michelle Weidner SUBJECT: FYE2021 Bond Issue Hearings Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Adopt resolutions to set the date of hearing as May 3, 2021 on the proposed issuance of bonds, as follows: General Obligation Bonds - GCP-2 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the reconstruction, renovation and improvements to sports and park facilities through the sports facilities improvement fund and the park improvement fund; the acquisition and repair of city irrigation systems; reconstructing, improving and equipping Young Arena; equipping city departments and City Hall, including technology and software; the renovation, construction, improvement and equipping of the golf course; programs to promote traffic safety; the acquisition, improvement, and equipping of the public library; the construction, reconstruction and renovation of public art; the acquisition of vehicles for various city departments; and funding of the Red Cedar Initiative to promote business development and shall bear interest at a rate not exceeding the maximum specified in the attached notice. General Obligation Bonds - GCP-3 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes of said City, the construction, reconstruction, improvement, renovation, and equipping of aquatic facilities and shall bear interest at a rate not exceeding the maximum specified in the attached notice. General Obligation Bonds — ECP/UR-4 - Not to exceed $1,300,000 General Obligation Urban Renewal Bonds for essential corporate urban renewal purposes, the proceeds of which bonds will be used to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, the Crossroads Urban Renewal Area, the Martin Road Development Area, the Northeast Site Urban Renewal Area and the Rath Area Redevelopment Area, such as those costs associated with acquisitions of properties and related demolition and clearance activities, grants to private developers, public infrastructure projects including streets, streetscape, and utility improvements, costs of the downtown development plan; and the improvement, reconstruction, equipping and repair of the Sullivan Convention Center. Page 154 of 364 FYE2021 GCP and ECP/UR Bond Hearings Page 2of2 Summary Statement: We are planning to sell general obligation bonds for a number of purposes this spring. The new money issue will be $13,500,000. Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. Background Information: Page 155 of 364 SUMMARY Approved Reguested ilii Approved TIF Taxable Gamin` Department FY21 FY22 FY22 Bonds Re uests' Capital Equipment and Vehicles 465,000 2,154,000 829,000 0 0 0 Public Works 0 310,000 0 0 0 0 City Facility Management 3,751,000 4,570,000 4,000,000 0 4,000,000 0 Clerks Department 0 23,000 23,000 0 0 0 Community Planning and Development 1,964,000 16,653,000 14,918,000 14,605,000 14,638,000 0 Airport 40,000 960,000 0 0 0 0 Engineering 1,010,000 7,190,000 5,456,000 2,000,000 0 0 Finance 150,000 152,000 152,000 0 122,000 0 Fire Rescue 20,000 610,000 485,000 0 0 0 Information Services 160,0001 170,000 115,000 0 0 0 Leisure Services 520,000 3,349,000 992,000 0 40,000 0 Library 20,000 17,000 15,000 0 0 0 Police 130,000 892,000 226,000 0 0 0 Sign and Traffic 505,000 911,000 271,000 0 0 0 Code Enforcement 0 0 0 0 0 0 Cultural and Arts Center 0 97,000 18,000 0 0 0 Mayor 1,440,000 0 Total G.O.Debt Requested 8,735,000 39,498;000 27,500,000 16;605,000 ,18,800,000 0i State Assistance,Federal Assitance,Local Assistance 0 3,001,000 0 0 0 0 Storm Water 0 1,010,000 0 0 0 0 Special Option Tax and Tax Revenue 0 9,500,000 0 0 0 0 Tax Increment Financing 0 17,639,000 01 0 0 0 Waste Management-State Revolving Loan Fund 0 13,122,000 0 0 0 0 GRAND.TOTAL' 8,735,000 83,' 70,000 27,500,000 46,6055000 18,800,000 0 Theme Park 14,000,000 14,000,000 13,500,000 4,800,000 Exempt 8,700,000 Subtotal High Priority Projects 38,511,000 Subtotal Medium Priority Projects 847,000 Subtotal Low Priority Projects 140,000 Total 39,498,000 CIP Version No 7 on April 6 2021 MW Revisions.xlsx SummPagg 156 Of 364 4/9/2021 7:06 PM Page 1 Proj, Priority CAPITAL EQWMENT AND VEHICLES' Approved Requested,, Approved TIF 'Taxable Gamin # Rank Project FY21 ' FY22 FY22 Bonds Requests 110 H High (07)Engineering-Replace(1)2006 Chevy Impala 0 30,000 0 110 H High (08)Planning&Zoning-Replace(1)2020 Police Rate SUV 0 35,000 35,100 110 L Low (09)MIS -Replace(1)2006 Taurus with SUV 0 35,000 35,000 110 H High (11)Replace Police Patrol(7)and Investigations(1)Vehicles 205,000 350,000 234,900 110 L Low (11)Police Equipment-None 0 0 0 110 H High (11)Police Investigation Vehicles -Replace 1 Sedan per year 0 0 0 110 L Low (11)Police Laboratory Vehicle Replacement-None 0 0 0 110 H High (12)Fire Rescue-Replace(1) 2003 Ford Ranger 0 35,000 0 110 L Low (17)Animal Control Replace(1)2016 Dodge Van with Pickup 0 70,000 0 (17)Sign&Traffic-Replace(1)2006 F-350 Pickup,(1)Mobile Traffic Signal Trailer,(1)Arrow Board Trailer,and(1)2005 110 H High Colorado Pickup 0 152,000 85,000 110 H High (18)Public Works-None 0 0 0 110 H High (18)Central Garage Replace(1)2008 Pickup Truck 0 35,000 0 (19)Street-Replace(2) Snow Control Trucks,(1)Vac. Sweeper, 110 H High and(1)Loader 195,000 1,095,000 439,000 110 L Low (22)Building Inspections-Replace(1)'07 Sedan 0 30,000 0 110 L Low (23)Parking Maintenance-None 0 0 0 110 L Low (26)Center for the Arts- None 30,000 0 0 110 L Low (27)Human Rights-None 0 0 0 110 H High (29)Airport-Replace(1)2014 Ford Taurus 0 0 0 110 L Low (30)Housing Authority-None 0 01 0 110 L Low (32)Community Development-None 0 0 0 110 L Low (33)Library-None 0 0 0 (37)Leisure-Replace(1)2006 Impala,(1) 1995 F250,(1) 1999 110 H High F450,(2)2005 Colorado,and(1) 1998 Ford 250 0 252,000 0 110 L Low ,(5 1)Code Enforcement-Replace(1)2008 Ford Ranger 0 0 0 110 H High (98)Facilities Maintenance-Replace(1)2008 1 ton pickup 0 0 0 110 H High (99)Motor Pool-Replace(1)2011 Impala 35,000 35,000 0 110 L Low City Clerk-None 0 0 0 Total Capital Equipment&Vehicles. 465,000 2,154,000 829,000 0 0 0 H M L Subtotal High Priority Projects 2,019,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 135,000 Total 2,154,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Cap Egjtgg 157 of 364 4/9/2021 7:06 PM Pagel Proj. Priority PUBLIC WORKS ,'Aliproved,' Re nested', Appioved TIF ; Taxable Gamin # Rank, Project FY21 FY22 ''FY22, Bonds Requests H High Construction of Transfer Station 0 0 0 0 0 233 H High "Public Works Fuel Distribution Site 0 75,000 0 0 0 0 Public Works-Overhead Crane in Garage H High at Public Works Complex 135,000 0 0 0 0 Public Works Flood Storage/Sanitation H High Bldg. 0 0 0 0 0 0 Public Works -New Walls for Salt Hoop H High Bldg. at the Public Works Complex 0 100,000 0 0 0 0 Total-Publie Works0 310,000 0 0 0 0 H M L Subtotal High Priority Projects 310,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 310,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Public 49*sl 58 of 364 4/9/2021 7:07 PM Page 1 roject. Prioritv CITY FACILITY MANAGEMENT Approved: Requested, Approved TIF Taxable Gamin # Rank Pro'ect FY21 FY22 FY22 Bonds Re uests 121 H High- 1 City Facility New Construction/Remodeling Fund 1,730,000 150,000 0 5 Sullivan Bros Convention Center Improvements - Concrete Deck Repairs, super structure repair, exterior structure repairs, mechanical systems, roof repairs/replacement, restroom improvements, 101 H High- 1 painting, elevator improvements. 26,000 4,000,000 4,000,000 4,000,000 127 H High- 1 Downtown Parking Ramps/Garages 1,945,000 150,000 0 Center For The Arts, general maintenance, Tuck Pointing, replacement of exterior stairs/handrails, 47 H High-4 mechanical system, etc. 0 50,000 0 23 H High- 5 Fire Station Improvements City Wide, ceiling tiles, r 50,000 50,000 0 271 H High- 6 Fire Rescue-HAZMAT Center, 2 Unit Heaters, Me 0 20,000 0 36 M Med- 8 Library Improvements -Repair displaced pieces of c 0 150,000 0 Total City Facility Management f 3,751,0001 4,570,000 A,000,0001 01 4,000,0001 0' 0 H M L Subtotal High Priority Projects 4,420,000 Subtotal Medium Priority Projects 150,000 Subtotal Low Priority Projects 0 Total 4,570,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Fac NR"e 159 Of 364 4/9/2021 7:07 PM Page 1 Proj. Priority CLERKS Approved Requested Approved TIF Taxable Gamin # Rank Project FY21 7F'Y22 FY22 Bonds Re` uests Copiers for Engineering and City Hall H High Mail Room 0 23,000 23,000 Total-Clerks 0 23,0001 23,0001 01 01 0' H M L Subtotal High Priority Projects 23,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 23,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Cleftge 160 Of 364 4/9/2021 7:07 PM Pagel COIVIMIINITY PLANNING& Approved Requested Approved TIF Taxable Gaming Proj: Priority DEVELOPMENT 4 . Rank Project FY21 FY22 FY-22 Bonds Requests 34 H High Demolition Projects/Housing Incentives 230,000 400,000 200,000 0 172 H High Martin Road Tax Increment 0 200,000 0 0 107 H High Downtown Development Plan 80,000 80,000 80,000 54 H High Bikeway Development 0 80,000 0 0 55 H High Rath TIF 0 650,000 600,000 600,000 600,000 79 H High Downtown Acquisitions/Development 0 100,000 0 0 H High University Avenue Acquisitions 0 500,000 0 H High Orange School Sewer Extension 0 80,000 H High Northeast Industrial Park development 1,500,000 400,000 5,000 5,000 5,000 H High Red Cedar Initiative 33,000 33,000 33,000 0 33,000 152 H High IDowntown Parking 0 130,000 0 0 H High San Marnan 14,000,000 14,000,000 14,000,000 14,000,000 58 H High Dunsmore House Restoration Project 0 0 0 H High La Porte Road Acquisitions 0 0 0 0 H High Railroad Yard Relocation/Improvements 0 0 H High Chamberlin Brownfield Redevelopment Site 0 0 0 H High lMartin Road Acquisitions 0 0 0 H High Tech Works Campus Platting 31,000 0 0 5th and 6th Streets Study-Barclay St. to Six H High Corners 90,000 0 0 Transfer/Move Waterloo Log/Yard site to 2747 H I High 11ndependence Avenue 01 01 0 Total Planning and Development1,964;000 16,653,0001 -14,918,0001 14fi05,0001 4,638,000 0 H M L Subtotal High Priority Projects 16,653,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 16,653,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx PlanPage 161 Of 364 4/9/2021 7:08 PM Page 1 Proj. Priority. AIRPORT, :Approved Re uested Approved, TIF Taxable Gamin # Rank ProjectFY21 FY22 FY22 Bonds Requests High- 1 Air Service Dev.:Revenue Guarantee 3rd Flight to Chicago, 0 250,000 0 H Dallas or other Hub Phase 1 H High-2A Pavement Rehab-FBO Parking Lot 40,000 150,000 0 High-2B Pavement Rehab-East Loop of Livingston Lane and Full 260,000 0 H Length of Bestworth Drive H High-3 Grant Matching Funds for Iowa DOT(Aviation)CSVI - 50,000 0 H High- 1 Pavement Rehab.Hangar 4 and Fire Dept.Parking Lots 0 0 0 H High-2 Pavement Rehab-Paid Passenger&Rental Car Parking Lot 0 0 0 High- 1 Air Service Dev.:Revenue Guarantee 3rd Flight to Other 0 250,000 0 H Hub Phase 2 Purchase of Ground Support Eq.Air Operations Diversions M Med-2 or Aircraft, Getting into MSP or ORD 0 0 0 Provide Matching Funds Support for FAA Funding- High- 1 Runway 18/36 Pavement Rehab.N&S of the Intersection of 0 0 0 H Runway 12/30 Phase 1 Provide Match Funding Support for FAA Funding-Runway High- 1 18/36 Pavement Rehab.N&S of the Intersection of Runway 0 0 0 H 12/30 Phase 2 Provide Funds to Abate,Demo and Site Restoration of Old M Med-3 Airport Manager's House and Adjacent Garage 0 0 0 Total-Airport 40,000 960,000 0 01 01 0 H M L Subtotal High Priority Projects 960,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 960,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Page 1 Page 162 of 364 Proj. Priority ENGINEERING Approved Re uested Approved TIF Taxable Gamin # Rank Project FY21,i. 'FY22 FY22 Bonds Requests H High- 1 Upton Avenue Detention Basin- SW 0 0 0 H High- 1 Shaulis Road Reconstruction-TIF 0 0 2,000,000 2,000,000 H High-_1 Special Tax Revenues- ST 0 0 0 H High- 1 11th Street and Park Avenue Bridge Replacements 200,000 3,000,000 2,700,000 H High- 1 Shaulis Road Trail(Cedar Terrace) 150,000 90,000 0 H High-2 R.I.S.E Matching Funds- ST/SA 0 0 0 H High-2 i Delane Avenue Storm Water Improvements-SW 0 0 0 H High-2 La Porte/Hess Road Reconstruction-TIF 0 0 0 H High-3 Storm Sewer Improvements- SW 0 0 0 H High-3 Wetland Restoration -TIF 200,000 300,000 0 H High-3 "Highway 63 Enhancements 150,000 400,000 400,000 H High-4 Virden Creek Drainage Improvements TIF 0 0 0 H High-4 University Avenue Enhancements 0 500,000 0 H High-5 Levee Tree Spraying 40,000 50,000 50,000 81 H High-6 Flood Control Improvements 0 400,000 0 193 H High-7 Biennial Bridge Inspections 50,000 150,000 150,000 H High- 8 Sidewalk Repair/ADA Ramp Compliance 80,000 450,000 90,000 H High- 10Levee Sluice Gate Replacement 80,000 300,000 0 16 H High- 10 s Bikeway Maintenance 10,000 300,000 30,000 H High- 11 Complete Streets 0 100,000 36,000 H High- 12'Bridge Repairs-Various Locations 0 300,000 0 H High- 13 Aerial Photos and Lidar Acquisition 30,000 30,000 0 H High- 14 E. 4th and Lester Streets Electrical Upgrades Virden 0 200,000 0 H High- 15 Bus Stop Bench Installation 0 70,000 0 H High- 16 Engineering Department Remodel 0 150,000 0 M Med- 1 Virden Creek Dam Spillway Approach Paving Repair 0 100,000 0 M Med- 1 Sunnyside Drainage Improvements- SW 0 0 0 82 M Med-3 Downtown Brick Repairs(Expo/Jefferson/Viaduct) 20,000 75,000 0 M Med-3 Sergeant Rd Bike Trail Bridge Replacement 0 50,000 0 M Med-4 Prairie Lakes Trail Bridge Replacement 0 0 0 M High-5 Hwy 63 &Ranchero Pedestrian Crossing 0 75,000 0 M Med-6 City Parking Lot Maintenance 0 100,000 0 M Med-7 Falls Avenue Bridge Removal 0 0 0 H Low- 1 Airline Highway Storm Sewer Outlet-TIF 0 0 0 80 L Low- 1 Allen Hospital Area Storm Water Improvements-SW 0 0 0 L Low- 1 Dry Run Sewer Repairs-GO/SW/ST 0 0 0 L Low-2 Easton Avenue Bridge Replacement 01 01 0 L Low-2 Ridgeway Avenue Box Culvert Replacement- SW 01 01 0 CIP Version No 7 on April 6 2021 2021 Only Print Copy.xlsx Pp�pe 163 of 364 4/10/2021 4:32 PM Page 1 Proj. Priority ENGINEERING Approved Requested Approved TIF Taxable Gamin Rank Project 'FY21 FY22 FY22 Bonds Re nests L Low-2 Martin Road Improvements-TIF 0 0 0 L Low-3 Sink Creek Channel Improvements 0 0 0 L Low-3 Pleasant Valley Drainage Improvements- SW 0 0 0 69 L Low-4 Hammond Ave Paving 0 0 0 No Name Creek Culvert and Channel Improvements- L Low-4 SW 0 0 0 L Low-5 Bishop Avenue Box Culver Replacement-SW 0 0 0 L Low-6 Fletcher Avenue Bridge Replacement 0 0 0 L Low-6 Prescott's Creek Channel Improvements- SW 0 0 0 L Low-6 Movilla Street Extension 0 0 0 83 L Low-7 `Cloverdale Acres Storm Water Improvements-SW 0 0 0 Airline HWY Culvert and Channel Imp. Virden Creek- L Low-8 S W 0 0 0 L Low-9 Clark Street Storm Sewer SW 0 0 0 Total-Engineering 1,010,0001 7,190,000 5,456,0001 2,000,000 0 0 H M L Subtotal High Priority Projects 6,790,000 Subtotal Medium Priority Projects 400,000 Subtotal Low Priority Projects 0 Total 7,190,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 2021 Only Print Copy.xlsxFg-We 164 Of 364 4/10/20214:32 PM Page 2 Proj. Priority. FINANCE Approved Re nested Approved TIF Taxable Gamin # Rank Project " FY21 'FY22 FY22 Bonds Requests H High Bond Management 150,000 152,000 152,000 122,000 Total-Finance 150,000 152;000 152;000 0 1 122,000 0 H M L Subtotal High Priority Projects 152,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 152,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Fine 165 of 364 4/9/2021 7:09 PM Page 1 Proj. Priority FIRE RESCUE Approved, Requested Approved TIF Taxable Gamin # Rank Project FY21 FY22 FY22 Bonds Requests SCBA Self-Contained Breathing Apparatus Platform H High- 1 Replacement 0 465,000 465,000 156 H High-2 Equipment and Uniforms 20,000 80,000 20,000 0 H High-3 Ambulance Power Cots 65,000 0 H High Replacement for Engine#307 0 0 108 H High 'New Aerial Truck(Ladder) 0 0 0 0 H HighFire Marshal Vehicle 0 0 0 0 H High ' Cardiac Monitors 0 0 0 0 H High ; Replacement for Engine#306 0 0 0 0 H High Ambulance Replacement#333 and#337 0 0 0 Mechanical Cardio-Pulmonary Resuscitation(CPR) M Med IDevice i 0 01 0 0 0 0 Total-Fire Rescue ZO 0 001 610,0001 485,,0001 01 01 0 H M L Subtotal High Priority Projects 610,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 610,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx FirPage 166 Of 364 4/9/2021 7:09 PM Page 1 Proj. Priori INFORMATION SERVICES Approved Re nested Approved TIF Taxable Gamin # Rank Project FY21 FY22 FY22 Bonds Reguests 58 H High- 1 Geographical Information Systems (GIS) 40,000 40,000 40,000 45 H High-2 Computer/Technology Upgrades 75,000 35,000 35,000 H High -3 Software/Licensing Update 25,000 40,000 40,000 M Med- 3 'Network Closet Switch Upgrade 20,000 30,000 0 M Med'-4 Fiber Infrastructure 0 25,000 0 Total-Information Services 1 160,,0001 170,000 115;000 0 0 0 H M L Subtotal High Priority Projects 115,000 Subtotal Medium Priority Projects 55,000 Subtotal Low Priority Projects 0 Total 170,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Page 167 of 364 4/9/2021 7:10 PM Page 1 Proj. Priority LEISURE SERVICES Approved -Requested Approved TIF Taxable Gamin # Rank ProjectI'Y21 FY22 TY22 Bonds Requests H High- 1 Aquatic Facilities Replacement Fund 0 1,000,000 700,000 14 H High- 2' Park Improvement Fund 80,000 100,000 30,000 H High- 3'i Irrigation Control Systems 60,000 70,000 70,000 H High-4 Sportsplex Improvement Fund 100,000 0 Young Arena Improvements - infrastructure repairs, roof replacement, ammonia ice plant improvements, subfloor heating, parking lot, security cameras, and protective netting east and 39 H High- 5 west 40,000 250,000 50,000 Uolt Course Improvement Fund - Gates, South Hills, Iry Warren Memorial golf courses, Maintenance building replacement, cart path improvements, and stream bank stabilization. $300,000 is needed for SH Maintenance 15 H High - 6 Building. GO Funds 60,000 300,000 50,000 Golf Improvement Fund, Pro Shop maintenance projects Gates, South Hills, and Iry Warren H High-7 Memorial Golf Courses - Taxable Funds 100,000 40,000 40,000 H High- 8 Gates Park Playground Relocation 32,000 32,000 Sports Facilities Improvement Fund - ball diamonds, seating areas, and in field 148 H High-9 maintenance 20,000 25,000 20,000 H High- 10 Downtown Facilities Infrastructure Imp. 35,000 50,000 0 Tennis Improvements - Overlay 16 courts at 19 M High - l t Byrnes Tennis Center and Pickle Ball Courts 75,000 0 0 184 H High- 12 Off Road Maintenance Equipment-Parks 75,000 260,000 0 113 H High- 13 Off Road Maintenance Equipment- Golf 60,000 175,000 0 115 H High - 14 Off Road Maintenance Equipment-DT 0 50,000 0 120 H High- 15 Off Road Maintenance Equip. Young Arena 15,000 01 0 CIP Version No 7 on April 6 2021 2021 Only Print Copy.xlsxRgig@et 68 Of 364 4/10/2021 4:34 PM Page 1 Proj. Priority LEISURE SERVICES Approved Requested i Approved TIF: Taxable Gamin # Rank Project FY21 FY22 FY22 Bonds'' Requests Replace 1998 F250; 2006 Impala; 2-2003 Compact Pickups; 1995 F250; 2005 Colorado; 1999 F450 2023 —Replace 2009 Bruch Bandit: 2003 Dump Box Unit; 2003 Dump Truck; Two (2) 2006 4 WD F350's w/toolboxes 2024—Replace 2007 Grapple Log Loader; 2015 Brush Bandit Chipper; 2003 Ford Ranger 2025 —Replace 2005 4WD Pickup; 2006 Dump Truck; 2008 4WD w/Dump Box; 2008 4WD Pickup 2026—Replace 2006 F450; 1986 Tree Spade; 2003 4WD Dump Box Unit; 2008 Curbtender Pup Garbage Unit 2022—Replace 1998 F250; 2006 Impala; 2- 2003 Compact Pickups; 1995 F250; 2005 Colorado; 1999 F450 2023 —Replace 2009 Bruch Bandit: 2003 Dump Box Unit; 2003 Dump Truck; Two (2)2006 4 WD F350's w/toolboxes 2024—Replace 2007 Grapple Log Loader; 2015 Brush Bandit Chipper; 2003 Ford Ranger 2025 —Replace 2005 4WD Pickup; 2006 Dump Truck; 2008 4WD w/Dump Box; 2008 4WD H High- 16 Pickup 252,000 77 M High- 17 Playground/Park Inspection and Software 0 5,000 0 Riverfront Stadium Improvement Fund- Parking upgrades, grandstand seating, sky box improvements, improvements to aging first and 18 H High- 18 third place seating 0 25,000 0 H High'- 19 Gates Park Shelter Project 0 150,000 0 H High-20 Parking Lot Improvement Fund (All Park Lots) 0 25,000 0 38 H High`'-21 Equipment Storage Building 0 175,000 0 1311H Med- 1 Katoski Greenbelt Maintenance 01 50,0001 0 CIP Version No 7 on April 6 2021 2021 Only Print Copy.xlsx 4-el 69 of 364 4/10/2021 4:34 PM Page 2 Proj. Priority LEISURE SERVICES Approved Requested Approved TIF Taxable Gamin # Rank Project FY21 FY22 FY22 Bonds Reg uestsi 122 M Med-2 Riverview Park Improvements 0 15,000 0 249 M Med - 3 Riverview Park Jetty Stabilization 0 75,000 0 M Med-4 Mobile Security Cameras 0 25,000 0 M Med- 5 1 Security System at 1101 Campbell Avenue 0 40,000 0 Cedar River Whitewater and Habitat L Low-1 Improvement Project- GO, BHGA, SA 0 0 0 Total-Leisure Services 1 520,0001 3,349,0001 992,0001 0 40,000 0 H M L Subtotal High Priority Projects 3,189,000 Subtotal Medium Priority Projects 160,000 Subtotal Low Priority Projects 0 Total 3,349,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 2021 Only Print Copy.xlsx N!g&4 70 of 364 4/10/2021 4:34 PM Page 3 Proj. Priority LIBRARY Approved 'Requested 'Approved TIF Taxable Gamin # Rank Project 'FY21 ' 'FY22 " FY221 Bonds Requests Annual Equipment Replacement Plan - 100 H Med Computers 20,000 15,000 15,000 0 0 0 H I Med Mobile Hotspot Program 2,000 0 Total-Library 20,0001 17,0001 15,000 0 0 0`f H M L Subtotal High Priority Projects 17,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 17,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Lilly age 171 Of 364 4/9/2021 7:10 PM Page 1 Proj. Priority POLICE Approved Re `uested Approved TIF Taxable Gamin # Rank °Project :FY21 FY22 FY22Borids Requests 116 H High- 1 `Body Armor Replacement 10,000 25,000 25,000 0 H High-2 Body Armor Replacement Tac Team 36,000 36,000 H High-3 Police Information Systems 70,000 150,000 80,000 H High-4 Emergency Light Bars and Equipment 20,000 85,000 85,000 Camera/Taser Digital Evidence Management H High 5 Program 409,000 0 H High 6__ Body Camera System 20,000 20,000 0 149 H High-7 ' Tasers 10,000 55,000 0 0 287 M Med- 1 Crowd Control Equipment 0 10,000 0 0 159 H Med-2 In Car AudioNideo Cameras 0 25,000 0 0 M Med-3 i Crash Date Recording Equipment 0 12,000 0 0 117 M Med-4 Weapon Replacement Program 0 10,000 0 0 Police Training Center Upgrades maintenance and 129 M Med- 5 Targeting System 0 30,000 0 0 118 M Med-6 Office Equipment and Furniture Replacement 0 5,000 0 0 Police Policy Program-Provide Training and M Med-7 updated policies to ensure property compliance 0 10,000 0 0 160 M Med- 8 Radar Units 0 5,000 0 0 140 L Low- 1 Police Department Improvements 01 5,0001 01 0 Totat-Police 130,000 892'0001:,,, 226;000 0 0 H M L Subtotal High Priority Projects 805,000 Subtotal Medium Priority Projects 82,000 Subtotal Low Priority Projects 5,000 Total 892,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Polage 172 of 364 4/9/2021 7:11 PM Page 1 Proj. Priority SIGN&TRAFFIC Approved Requested Approved TIF Taxable Gamin # Rank Project FY21 FY22 FY22 Bonds Requests H High- 1 Downtown Fiber and Monitoring Cameras - SA/GO 100,000 100,000 90,000 H High-2 W 9th Street and South Street Roundabout- SA/GO 385,000 50,000 50,000 Highway 63 Conger to Donald Street Adaptive System H High-3 GO/FA 0 33,000 33,000 H High-4 Street Light Improvements Program 0 50,000 0 H High-5 Street Light LED Replacement Program 20,000 30,000 10,000 245 H High-6 Early Warning Sirens Replacement Project 0 45,000 5,000 102 H High-7 Street Sign Fabrication Equipment& Software 0 60,000 0 21 H High-8 Thermoplastic Pavement Markings 0 20,000 0 H High-9 Traffic Safety Improvement Projects 0 25,000 0 H High- 10 Smart Street Initiative 0 40,000 0 San Magnan Drive Upgrade to Traffic Adaptive H High- 11 Detection 80,000 30,000 H High_- 12Conflict Monitor Test 0 22,000 22,000 H High- 13 11th St. -218 Intersection Rewiring 0 50,000 0 H High- 14'University Avenue Adaptive Baseline Training 0 10,000 0 293 H High- 15 Battery Back-Up Project 0 5,000 0 H High- 16 Traffic Signal LED Replacement Program 0 20,000 0 H High- 17 Video Detection Cameras 0 40,000 10,000 H High- 18 Tower Park Street Light Improvements 01 60,000 0 H High- 19 Ridgeway-63 Connection to Existing Fiber Network 0 15,000 15,000 H High-20 Greenhill Rd&Progress Ave Traffic Signalization 0 150,000 0 H High-21 Traffic Safety Awareness Campaign 0 6,000 6,000 Ansborough Avenue Fiber Optic Interconnect& H High-22 Adaptive System 0 0 0 H High-23 E Ridgeway Avenue Intersection Improvements 0 0 0 Fiber Optic Infill&Cameras -Public Works to Fire H High-24 Station 3 0 0 0 H High;-25 Monitoring Cameras Connectivity on San Marnan Drive 0 0 0 M Med-26'Kimball Ave and Shaulis Rd Roundabout Project 0 0 0 M Med 27 W 4th St&Hubbard Ave. Signal Project 0 0 0 M Med'-28 W 6th Street& Williston Avenue Signal Project 0 0 0 M Med 29 Downing Ave& Wren Rd Signal Project 0 0 0 M Med-30' Conger/River Rd/Westfield Ave Signal Project 0 0 0 H High;;-31 Franklin Street Signal Replacement/Upgrades -GO 0 0 0 CIP Version No 7 on April 6 2021 2021 Only Print Copy.xlsx R 173 Of 364 4/10/2021 4:36 PM Page 1 Proj, Priority SIGN&TRAFFIC Approved Requested Approved TIF Taxable Gamin # Rank Project FY21 FY22 FY22 Bonds Requests Traffic Safety Improvement-Roundabout Utica& 219 M High-32 Harrison 0 0 0 Total-'Traffic Safety 505,0001 911,0001 271,0001 01 01 01 H M L Subtotal High Priority Projects 911,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 911,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 2021 Only Print Copy.xlsx Pate 174 Of 364 4/10/2021 4:36 PM Page 2 Proj, Priority CULTURAL&ARTS Approved Requested Approved TIF Taxable Gamin # Rank Project FY21 FY22 FY22 Bonds Requests H High Renovation of CityScape Sculpture - 18,000 18,000 H High Downtown Trail Arch Sculptures - 16,000 0 H High Downtown Public Art Mural Projects - 30,000 0 H High Riverwalk Sculpture Plaza- Sculpture Relocation 8,000 0 H High WCA Security System Upgrade/Replacement 25,000 0 H High Prairie Crossings Mural Replacement H High Replacement of Hope Martin Theatre Seating H High Public Art Repair and Maintenance H High Replacement of LED Panel in WCA ICON Sign H High Replacement of Theatre Stage Rigging&Curtains H High WCA Sculptural Entrance Canopy H High WCA Youth Pavilion Renovations - - - Total-Cultural&Arts 0 97,0001 18,000 0 0 0 H M L Subtotal High Priority Projects 97,000 Subtotal Medium Priority Projects 0 Subtotal Low Priority Projects 0 Total 97,000 Cross-foot Check 0 CIP Version No 7 on April 6 2021 MW Revisions.xlsx Cult&age 175 Of 364 4/9/2021 7:11 PM Page 1 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from K. Cunningham Construction Co., Inc. from April 12 - October 31, 2021, from 7:00 p.m. to 7:00 a.m. in conjunction with saw cutting of PCC Paving on University Avenue from Evergreen Avenue to Knoll Avenue. City Council Meeting:4/19/2021 Prepared:4/5/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request Backup Material Resolution approving Variance to Noise Ordinance request from K. SUBJECT: Cunningham Construction Co., Inc. from April 12 - October 31, 2021, from 7:0012.m. to 7:00 a.m. in conjunction with saw cutting of PCC Paving on University Avenue from Evergreen Avenue to Knoll Avenue. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 176 of 364 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: K. Cunningham Construction Co., Inc. APPLICANT'S ADDRESS: 1325 Rail Way, Cedar Falls, IA 50613 APPLICANT'S PHONE#: 319-277-3001 ANTICIPATED DATE OF VARIANCE: April 12, 2021 to October 31,2021 NAME OF EVENT: Saw cutting pavement TIMES OF DAY OF VARIANCE: 7 PM to 7 AM GEOGRAPHICAL LOCATION OF VARIANCE: University Avenue From Evergreen Avenue to Knoll Avenue DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: approximately 50 ft PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. We will be paving segments on University Avenue per the location described above. The concrete pavement will require saw cutting as the surface hardens to provide proper jointing and prevent random cracking The placement of the paving will take place duringty and saw cutting will follow throughout the evening and possibly into the overnight hours. Paving operations will occur on various days throughout the requested dates, not every day. Joe Owen Applicant's Signature 4/2/2021 Date CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: APPROVAL: Lt. Corbin Payne DENIAL: DENIAL: DECIBEL LEVEL: 90 DBL Page 177 of 364 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Acceptance of Work for work performed by Municipal Pipe Tool Co., LLC, of Hudson, Iowa and release of retainage in the amount of$38,509.69, in conjunction with the FY 2020 CIP Pipelining Phase IVA, and receive and file a two year maintenance bond. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ Phase IVA Completion of Project Backup Material Resolution approving Completion of Project and Acceptance of Work for work performed by Municipal Pipe Tool Co., LLC. of Hudson, Iowa and SUBJECT: release of retainage in the amount of$38,509.69, in conjunction with the FY 2020 CIP Pipelining Phase IVA, and receive and file a two year maintenance bond. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommended Action: Recommend approval of completion of Project Expenditure Required: $38,509.69 of total contract amount of$ 770,193.83 Source of Funds: 520-14-5320-2163 Page 178 of 364 A COM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com April 5, 2021 Mr. Brian Bowman Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2020 CIP Pipelining Phase IVA Pay Application No. 8 City of Waterloo, Iowa City Contract No. 1014 AECOM#60620183 Dear Mr. Bowman: Attached is Pay Application No. 8 submitted by Municipal Pipe Tool Co., LLC, for the FY 2020 CIP Pipelining Phase IVA project. This Pay Estimate covers the release of the 5%retainage. The project is 100% complete, and all the necessary forms and construction documentation have been submitted and approved. AECOM recommends the City of Waterloo pay Municipal Pipe Tool Co., LLC, for Pay Estimate No. 8 for the release of retainage in the amount of$38,509.69. Yours sincerely, Christopher G.Oelkers, P.E. Enclosure: Pay Estimate Tabulation Completion Statement Lien Waivers(2) Maintenance Bond P:\60620183\600_Construction_Support\660_Pay Applications\PE No.8-FINAL\Wat CIPP PH IVA-Pay Estimate No 8 LTR.docx Page 179 of 364 AXOM AECOM 319-232- 1 tel 501 Sycamore Street 319-232-027027 1 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com April 5, 2021 Mr. Brian Bowman Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2020 CIP Pipelining Phase IVA Completion Statement City of Waterloo, Iowa City Contract No. 1014 AECOM #60620183 Dear Mr. Bowman: By this letter, we hereby state: 1. A final review of the above-referenced project was held, and the project is considered complete as of March 10, 2021. 2. To the best of our knowledge and belief, based on observations of AECOM staff during construction, the contractor, Municipal Pipe Tool Co., LLC, has performed the work in accordance with the plans, specifications and contract documents in effect for the above-referenced project. 3. The total cost of the completed work is$770,193.83. I hereby certify that this engineering document was prepared by me or ESsto under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. :CHRISTOPHER G.'. TOELKERS . z v 22053 m . gr04/05/2021 CHRISTOPHER G. OELKERS, P.E. Date IOWA License No. 22053 My license renewal date is December 31, 2021. Pages or sheets covered by this seal: All Pages P:\60620183\600_Construction_Support\660_Pay Applications\PE No.8-FINAL\Wat CIPP PH IVA-Completion Statement.docx Page 180 of 364 PAY APPLICATION FOR CITY CONTRACT NO.1014 FY 2020 CIP PIPELINING PHASE IVA ABCOM CITY OF WATERLOO WATERLOO,IOWA AECON Pmlcr xo.wez0tsa N(L DEICRIPTI.N UNIT UNIT PRICE TOTALIDUMNITIT AMOUNT I TOTAL ',NETA��Lly� AmOuNT %comp BABE BID IS $ s os $ $ $ n0$ $ $ $ AD$ ­S. $ $ $ n$ ­23.37 $ $ $ oo$ s $ s oo$ s $ $ DD$ $ $ $ e0$ s $ $ I.—So$ s 0 Pipe TNevb,nU-fie" LF $ $ A0$ $ t Type A Pipe Cl.—,8' LF $ s Do$ $ $ $ 00 B $ $ $ 00 B 2.2W. $ $ $ 00 B 1.592,25 $ LF $ $ 00 B $ Se Type c R.1R N-e0^ LF $ $ CDC B $ REMOVED 6 Tyl CR.1 R—N-iz^-t 5^ LF $ $ CDC B $ 5 $ CDC B s $ $ 00 B $ $ $ 00 B $ $ 1CC $ _DC —ml 980.w $ $ 1CC $ 00B $5 s 00 B $ $ s D0 B 143BI.00 $ $ s D0 B 13.2W. $ EA $ s oo S $ $ o0 6 $ o0 6 D BID ALTERNATE NO.1 $ 0$ $ S 00 1 S $ $ �O� $ on $ $ s1.s s sLE s E E LS S 06 BID ALTERNATE NO.] 1S LF 21' LF $ $ 6 so 6 NC Pip. 1 a LF $ C,75 ZiES. s Do B CO Type A PlVw ceerq'III— LF $ $ D0$ 6 w Type c R.Rempym-ta^V LF $ ECC Cw $ 0D B 3 05 Ty" wm»iiack-te^-xt• LF $ ECC Cw $ 0D B E CONTRACT TOTAL SUBMITTED TO DATE CURRENT PERROD s 770.1­3 CHANGE ORDERS NO.!DEC TEN E ORDER 16,10 $ 'I2tmi631 CONTRACT m s a s S 6 REQUESTED PAYMENT PAY ESTIMATE NO. 8 1 PROJECT TO DATE s sz,az3.sD s $ $ ss as $ $ TO—REQUESTED 111MINI E s P11 Ell:m— 1 1110111 Es s $ s s es s REQUESTED PAYMENT PAY ESTIMATE NO. 8 $ 38,509.69 ' 1a.cyyA Mp�lp��lPlppTp��p.«� Dele Ca elOp a G. AECQM,Pp Ei,gie Dele Pw IST _ em. _ p _ v ppl.­E No.TOVAT CIPP PN IVA-Per E.en,ere N.T..ie.IPey ENim U Page 181 of 364 FINAL LIEN WAIVER Date: March 8, 2021 The undersigned hereby acknowledges receipt for work performed on the project listed below. We hereby release any and all lien rights for labor performed and/or material for: Contractor: Municipal Pipe Tool Company LLC Address: 515 5t" Street, PO Box 398, Hudson, IA 50643 Project: FY 2020 CIP PIPELINING PHASE IVA,CITY OF WATERLOO,IA Supplies: CIPP CORPORATION Address: 5155 1h Street, Hudson, IA 50643 Signed by: Title: Chairman Page 182 of 364 MECHANIC'S LIEN/IOWA CODE CHAPTER 573/FEDERAL MILLER ACT WAIVER Subcontractor hereby acknowledges final receipt except for payment in the amount of $_3,132.50 for labor, materials, services, equipment, and/or transportation furnished in respect to FY 2020 CIP PIPELINING PHASE IVA, CITY OF WATERLOO, IA through the date of March 8, 2021. Subcontractor hereby forever waives and releases any and all mechanic's lien, Iowa Code Chapter 573, and federal Miller Act claims, and any related rights and causes of action in respect to the Project and the property on which it is located to the extent of the above payment amount due and all previous payments received. Subcontractor hereby forever waives and releases any and all claims, causes of action, and rights to payment he/she/it may have with respect to the Project, including but not limited to any claims, causes of action, and rights under or against the Iowa Mechanic's Lien Chapter(Iowa Code §572.1 et seq.), Iowa's Little Miller Act(Iowa Code §573.1 et seq.), the federal Miller Act (40 U.S.C. § 3131 et seq.), any retainage held by the owner of the Project, and any surety bonds issued by Contractor's Surety for the Project. Subcontractor also forever waives and releases any and all claims, causes of action, and rights against the Project Owner and Contractor's Surety with respect to the Project to the extent of the above payment amount due and all previous payments received. SUBCONTRACTOR: Jas"dRr Signature Jess Snyder Printed Name of Signator Office Manager Title 03/08/2021 Date RETURN TO: Municipal Pipe Tool Company,LLC 515 Stn Street, PO Box 398 Hudson,IA 50643 sharonm@munipipe.com;courtnys@munipipe.com Page 183 of 364 MAINTENANCE BOND Bond No. IAC590537 KNOW ALL MEN BY TH SE PRLSBNTS: That, Municipal Pipe Tool Co.,LLC of Hudson,Iowa as Principal,and the Merchants londing ompany utua as Surety, are held and firmly bound unto City of Waterloo,Iowa in the penal sum of Seven Hundred Seventy-three Thousand One Hundred Sixteen And$ $773,116.50 } 50/100 Dollars,lawful money of the United States of America,for the payment nt which,well and truly to be made, the Principal and Surety bind themselves,their and each of their heirs,executors, administrators, successors and assigns,jointly and severally,firmly by these preseats. Whereas.the said Principal entered into a certain contract.with City of Waterloo,Iowa To furnish all the material and labor necessary for the construction of FY 2020 CIP Pipelining Phase IVA,City Contract No.1014,Waterloo,IA in Waterloo,Iowa In conformity with certain specifications;and Whereas,a further cundition of said contract is that the said Principal should furnish a bond in indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two(2) years from the date of acceptance of the work under said contract;and Whereas,the said Merchants Bonding Company(Mutual) for a valuable consideration, has agru:d tn_join with said Principal in such bond or guarantee,indemnifying said City of Waterloo,Iowa Now, therefore,the condition of this obligation is such,that if the mid Principal shall,at his own cost and expense,remedy anv and all defects that may develop in said work within the period of Two(2) 1 years from the date of acceptance of the work under said contract,by reason of bad workmanship or poor material used in the construction of said Work,and shall keep all Work in continuous good repair during said period,and shall in all other respects,comply with all the terms and conditions of said contract with respect to maintenance and repair of said work,then this obligation to be null and void-,otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and scala this 5th day of March 2021 Municipal Pipe Tool Co., LLC BY. swPrincip a"W-Y-) Merchants Bonding Company(Mutual) .urety By; Stacie Christensen orney-in- ac Page 184 of 364 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Stacie Christensen their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 5th day of March 2020 • �'RpoR ��• 0� F�QOQ•' 9 MERCHANTS BONDING COMPANY(MUTUAL) may;Cj 0 •4j,•.,;Z. . 1�O q;,9G, MERCHANT NATIONAL BONDING,INC. ��. 2003 ?� y` 1933 "c: By ee No A to •. .• •. ;� �1�• President STATE OF IOWA ••���'"�"•''���•• •�•'••''• COUNTY OF DALLAS ss. On this 5th day of March 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. � t s POMASON -A ' i ••. Commissionon Number 750576 My Commission Expires P January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 5th day of March 2021 .•'``aQ'� Nq�8'•. •;ANG C94.o• ;may. DRPOgRPb q ,p:: oo :moo o9,4•:>7y V2003 ;z :y 1933 •Q: Secretary �. • � • ;. :may• • 6 •d . POA 00 18 (1/20) Not •+••••�••• Page 185 of 364 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish said notice. City Council Meeting:4/19/2021 Prepared:4/9/2020 ATTACHMENTS: Description Type ❑ 2021Planning and Zoning Mowing RFB Backup Material Resolution approving preliminary_plans, specifications, bid documents, etc. and setting date of bid opening as April 22, 2021 and date of public hearing SUBJECT: as May 2021, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson,Community Planning and Development Director Recommended Action: Approval Expenditure Required: To be determined Source of Funds: Nuisance abatement Policy Issue: Property Maintenance The City of Waterloo through its Dilapidated Housing Task force has acquired approximately 220 properties over the last ten years using Iowa Code 657A. A majority of the properties where demolished with Background Information: approximately 5 homes being sold with development agreement and rehabilitated. Lots owned by the City of Waterloo must be maintained, including mowing of the lots. This bid will select a mowing contractor for the lots. Page 186 of 364 CITY OF WATERLOO, IOWA Community Planning and Development Department Notice of Public Hearing on the Proposed Specifications and the Notice to Public Bidders For the 2021 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Contract. General Description Annually,the city sends out Requests for Proposal for mowing of city owned lots and miscellaneous areas. The City of Waterloo has acquired approximately 220 Residential Properties using Iowa Code 657A(see attached Exhibit`B"for the list of properties). This section of the code allows cities to petition the courts for possession of abandoned and dilapidated Residential or Commercial Properties with intent of either selling the properties for rehabilitation or demolition to remove blighted properties from neighborhoods and provide infill lots for new homes, and other improvements that an adjacent homeowner may wish for. SCOPE OF WORK The Contractor shall provide all labor and equipment necessary for mowing,trimming and removal and disposal of various debris. Assigned areas shall be mowed on an as needed basis while maintaining a mowing height not to exceed four inches(4") in height. Prior to each mowing,the Contractor shall remove all trash and debris including paper, branches,rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally,the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding soil and seeding damaged areas as needed. Along with each mowing,the Contractor shall trim around trees, shrubs,poles,fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to edge vegetation growing over curb and sidewalk. A good-faith attempt will need to be made to keep all voluntary vegetation to a minimum in and around any buildings, fences, along alleyways, sidewalks and other rights-of-way and particularly in areas where there are blind spots being created. Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items such as stoves,mattresses,tires, furniture etc. The contractor will submit either by letter, fax or email to the project manager the location and a detailed list of the items needing to be picked up. The bidder shall bid per unit price(per lot/per occurrence price for lots under 1 acre and an hourly rate for lots one (1) acre or more, for all city owned lots under the control of the Community,Planning and Zoning Department. All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. RECEIVING OF BIDS All bids must be received in a sealed mailing container or envelope and be plainly marked on the outside with the notation `SEALED RFB FOR 2021 MOWING SERVICES —in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo,IA 50703 (date and time stamped)by Thursday April 22,2021 at 1:00 p.m. (our clock), Central Time, in order to be considered for the 2021 mowing season. Bids sent electronically or via facsimile will not be accepted. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers in City Hall of said City,on the 22"day of April 22,2021 at 1:00 p.m.The bid opening will be livestreamed on YouTube and made available on the city website. Bids will be evaluated promptly after opening. The awarding of the contract will be at the City Council meeting on Monday May 3,2021. PUBLIC HEARING The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2021 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services at the City Council Meeting, Monday May 3,2021. The City of Waterloo will continue to hold City Council meetings as scheduled,however in response to COVID-19, elected officials will participate both in person at council chambers and via videoconferencing. Page 187 of 364 To speak at the public hearing in person,go to the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street,Waterloo, Iowa at 5:30 p.m. on the date of the public hearing. For information on how to participate in the public hearing via Zoom video conferencing, see htq2s:Hcityofwaterlooiowa.com/register. Alternatively,you may email your comments to comments(c-r�,waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Contact the City Clerk's Office at 319-291-4323 or clerksgwaterloo- ia.org with questions about speaking at a public hearing. The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street,and in the Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street,Waterloo,Iowa for public examination.Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposals may be withdrawn any time prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty(60)calendar days thereafter. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately May 3, 2021 to October 30,2021. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department with the exception that the required list of adequate equipment available for the proposed project may be submitted as a separate attachment and the bid bond can be supplied by the bidding company's insurance company. The bidder shall bid per unit price(per lot/per occurrence price) for all city owned lots and miscellaneous areas,under 1 acre, and per hour price hour/lot per occurrence for all city owned lots and miscellaneous areas over I acre. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one contract to the lowest responsible Bidder whose bid conforms to the Specifications listed in this RFB and is most advantageous to the City, and the Planning and Zoning Department, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. They city may award the contract at the time of bid hearing, however, the City and the Planning and Zoning Department may need time to review the contract bids and bidder information such that the award would be made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by the City Clerk's office and City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. Page 188 of 364 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of times each lot is mowed, keeping in mind that this is an as needed basis contract and that the residential lots/miscellaneous areas need only be maintained (mowed) at a height of(4") or less and shall not be mowed unless the average grass on a site exceeds a height of (6") or more. A detailed bill of completed work must be received and approved by the Planning and Zoning Department (project manager) located at 715 Mulberry St.,Waterloo, Iowa before payments will be made. The billing shall include: • Property addresses and/or description of where work was performed • Number of times and the date each property was mowed each month Page 189 of 364 CITY OF WATERLOO, IOWA Community Planning and Development Department INSTRUCTION TO BIDDERS I.EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for bids must be requested in writing via email, letter, fax or telegram, and with sufficient time allowed for a reply to reach all bidders before submission of their bids. Any interpretation or changes made to the RFB will be in the form of an addendum of the Request for Bids and will be furnished to all prospective bidders. All prospective bidders will receive email notifications of any addendums by the Project Manager. All bidders must acknowledge in the space provided on the Bid Form acknowledgement of such addendums received by the Project Manager prior to the 1:00 p.m.bid deadline set for the opening of bids. Oral explanations or instructions given before the award of the contract will not be accepted. II.PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed,prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents.No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws,municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III.LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Bids and Notice to Bidders after the exact time set for closing of bids-(Thursday,April 22,2021, at 1:00 p.m.)will not be considered.However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City,will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. IV. PUBLIC HEARING The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2021 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services at the City Council Meeting, Monday May 3,2021. The City of Waterloo will continue to hold City Council meetings on the 1 st and 3rd Mondays of the month. The City of Waterloo will continue to hold City Council meetings as scheduled,however in response to COVID-19, elected officials will participate both in person at council chambers and via videoconferencing. To speak at the public hearing in person, go to the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street,Waterloo, Iowa at 5:30 p.m. on the date of the public hearing. For information on how to participate in the public hearing via Zoom video conferencing, see htips:Hcityofwaterlooiowa.com/re ig ster. Alternatively,you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo- ia.org with questions about speaking at a public hearing. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid,a Non-Collusion Affidavit in the form herein provided,to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Page 190 of 364 B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided,to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract,the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI.MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance Officer is Rudy D. Jones,Director of Community Development, located at: 620 Mulberry Street Suite 202,Waterloo, Iowa 50703, (319)291-4429 VII.EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials,bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to,businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall,upon request of the Planning and Zoning Department submit on the form furnished a statement of the Bidder's qualifications,his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested,a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. IX.EXECUTION OF AGREEMENT,BOND,AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten(10)days after the prescribed forms are presented for signature,the successful bidder shall execute and deliver to the City,an agreement in the form included in the contract documents in such number of copies as the City,may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents,the successful bidder shall,within the period specified in paragraph"A" above, furnish a surety bond in a penal sum of$20,000, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor,materials, tools, equipment, or services of any nature including utility and transportation services,employed or used by it in performing the work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall,within the period specified in paragraph"A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds and certificate(s)of insurance within ten(10) days after the prescribed forms are presented for signature, or within such Page 191 of 364 extended period as the City,may grant,based upon reasons determined sufficient by the City,may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed,irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re- advertising,the defaulting bidder shall have no claim against the City of Waterloo, or Planning and Zoning Department for a refund. CITY OF WATERLOO, IOWA Community Planning and Development Department GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents,these terms shall be defined as follows: Contract-means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency(LPA) -means the Planning and Zoning Department. Contractor-means the person, firm or corporation entering into the Contract with the City of Waterloo,to maintain properties as described in the Specifications provided. Contract Documents -means and shall include the following: Executed Contract or Agreement,Addenda(if any), Invitation for Bids,Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and(Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work,the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors,by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work under this contract and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security,both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work,materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. Page 192 of 364 The Contractor shall avoid damage to existing sidewalks, streets,curbs,pavements, structures,and utilities except those which are to be replaced or removed.Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed.No extra allowance will be made because of lack of such examination or knowledge. Contractor shall not disturb (damage) existing walks, drives,parking areas,trees, shrubs,or turf within or areas outside the limits of the project. If disturbed,these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services.Upon request,the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the contract maintain in full force and effect, at its own expense, Employer's Liability,Worker's Compensation,Automobile,Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary,non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder,the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Limits of Liability Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability (Except automobile) $1,000,000 each occurrence Property Damage Liability (Except automobile) $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Excess Liability $5,000,000 Automobile Property Damage Liability $1,000,000 each occurrence Page 193 of 364 CITY OF WATERLOO, IOWA Community Planning and Development Department Bid Specifications for 2021 Residential Lots Mowing/Miscellaneous Areas Mowing and Lot Maintenance Contract (May 3,2021-October 30,2021) SCOPE OF WORK The Contractor shall provide all labor and equipment necessary for mowing,trimming and removal and disposal of various debris. Assigned areas shall be mowed on an as needed basis when the average height of grass on a site exceeds (6"),while maintaining a mowing height not to exceed four(4") in height. Prior to each mowing,the Contractor shall remove all trash and debris including paper,branches,rocks, and other portable objects. All trash and debris shall be legally disposed of, off site,at no additional expense to the Planning and Zoning Department. Additionally,the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding soil and seeding damaged areas as needed. Along with each mowing,the Contractor shall trim around trees, shrubs,poles,fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to edge vegetation growing over curb and sidewalk. A good-faith attempt will need to be made to keep all voluntary vegetation to a minimum in and around the any buildings, fences, along alleyways, sidewalks and other rights-of-way and particularly in areas where there are blind spots being created. Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items such as stoves,mattresses,tires, furniture etc. The contractor will submit either by letter, fax or email to the project manager the location and a detailed list of the items needing to be picked up. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets,curbs,pavements, structures, signs,mailboxes, fences, benches,utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Planning and Zoning Department. At no time shall any mowing equipment come in contact with any privately owned tree or shrub during mowing. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. SCHEDULING OF WORK The Planning and Zoning Department may add or delete mowing of areas based on growing conditions,budget constraints or some lots may be sold or acquired throughout the year. REQUIRED EQUIPMENT The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine whether it is adequate for this mowing contract.A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder's qualifications. Types of mowing equipment required for this contract: Line trimmers Walk-behind mowers Utility tractors with heavy-duty mowers Types of alley/sidewalk overgrowth equipment required for this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Hedge trimmers Page 194 of 364 Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger parcels that are overgrown, contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels or blown onto the sidewalk or into the street right-of-way. Equipment listed on the Bid Form will be reviewed by the Planning and Zoning Department to determine whether it is adequate for this mowing contract. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M.TO 5:00 P.M. Page 195 of 364 CITY OF WATERLOO, IOWA Community Planning and Development Department 2021 Residential Lots Mowin2/Miscellaneous Areas Mowing and Lot Maintenance Contract BID FORM BIDDER: COMPANY NAME ADDRESS: PHONE: ( ) 1. The undersigned,being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of ,or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed MOWINGS, in accordance with the contract documents and for the unit price in place for the following amount: Bid Price: Price per Lot/Area per occurrence for mowing and trimming services for city owned lots under 1 acre for approximately 218 Properties. dollars ($ ) Written Price Per Lot/Occurrence: Bid Price: Price per Hour per occurrence for mowing and trimming services for city owned lots 1 acre or more for approximately 2 Properties. dollars ($ ) Written Price Per Hour: 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid,the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option,all Options together,or any combination of Options.If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty(30)days after Bid Opening,of at any time thereafter before this bid is withdrawn,the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten(10)days after the agreement is presented for signature,and start work within ten(10)days after "Notice to Proceed"is issued. 4. Security in the sum of dollars($ ) in the form of ,is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non-Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. Page 196 of 364 7. The Prime Contractor and Subcontractor(s),which have performed an aggregate of$10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC,within ten(10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: 9. The Bidder shall list the MBE/WBE subcontractors,amount of subcontracts and bid items listed on the City of Waterloo Minority and/or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s)to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non-collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment list may be submitted as a separate attachment. 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none"or"NA". 12. The bidder has attached all applicable forms. 13. The owner(City of Waterloo)reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: Name and Title Page 197 of 364 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1. He is(Owner), (Partner), (Officer), (Representative), or(Agent)of ,the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers,partners,owners, agents,representatives, employees, or parties in interest, including this affiant,has in any way colluded, conspired, connived or agreed, directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives, owners, employees, or parties in interest,including this affiant. Signature Title S aTed�a t&pwo-n,to-XPime,thin ------- da-y of-------------------------- 2020. ---------------------------------- ------------------------------------- S 4rtc t wei Tile, My "-pw'k-------------------------------- Page 198 of 364 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) being first duly sworn, deposes and says that: 1. He is(Owner), (Partner), (Officer), (Representative), or(Agent)of hereinafter referred to as the"Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2021 Residential/Miscellaneous Areas mowing and Lot Maintenance Services in Waterloo,Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers,partners, owners,agents,representatives, employees, or parties in interest,including this affiant,has in any way colluded, conspired,connived or agreed, directly or indirectly,with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead,profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion,conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo,Iowa,or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy,connivance or unlawful agreement on the part of the bidder or any of its agents,representatives, owners, employees, or parties in interest, including this affiant. Signature Title Sabsct-d,ed a ndl woi-ry to-bel&i-rl me,th j- ----- day df------------------------- 2020 ------------------------------------ ----------------------------------- Sc'-�w-e- Tule' Itly exp�'�-------------------------------- Page 199 of 364 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors,vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00)annually agree as follows: 1. The contractor, subcontractor,vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex,national origin, economic status,age, mental or physical handicap,political opinions or affiliations. The contractor, subcontractor,vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race,creed, color, sex,national origin,religion,economic status, age,mental or physical disability,political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor,vendor and supplier of goods and services will,in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex,national origin,religion, economic status,age,mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor,vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor,vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies,procedures,patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor,vendor and supplier will permit access to his/her employment books,records and accounts to the City's Affirmative Action Officer,for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations and orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor,vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules,regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. Page 200 of 364 8. We,the undersigned,recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex,national origin,economic status,age,mental or physical disabilities. Signed: Appropriate Official Title Date Page 201 of 364 CITY OF WATERLOO,IOWA Community Planning and Development Department 2021 RESIDENTIAL LOTS/MISCELLANEOUS AREAS MOWING AND LOT MAINTENANCE REQUEST FOR PROPOSALS The City of Waterloo Community Planning and Development Department is soliciting proposals to provide equipment and labor for mowing of City of Waterloo properties (the "Services") on an as-needed basis. All proposals shall include a complete price quote. Conditions governing the Services are contained in Exhibit"A", the proposed form of Contract, attached to this RFP and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office(date and time stamped) by Thursday, April 22, 2021 at 1:00 p.m., Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation"SEALED RFB FOR 2021 RESIDENTIAL LOTS/MISCELLANEOUS AREAS MOWING AND LOT MAINTENANCE SERVICES," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file,unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. All proposals received the 22nd day of April will be opened in the Harold E. Getty Council Chambers in City Hall of said City, at 1:00 p.m., and the proposals will be acted upon at such later time and place by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the awarded of bids. The City of Waterloo will conduct a public hearing on the proposed specifications and form of contract for the 2021 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services at the City Council Meeting, Monday May 3, 2021 at 5:30 p.m. The City of Waterloo will continue to hold City Council meetings as scheduled,however in response to COVID-19, elected officials will participate both in person at council chambers and via videoconferencing. To speak at the public hearing in person, go to the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street,Waterloo, Iowa at 5:30 p.m. on May 3. For information on how to participate in the public hearing via Zoom video conferencing, see haps://ciiyofwaterlooiowa.com/re ig ster . Alternatively,you may email your comments to commentskwaterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Contact the City Clerk's Office at 319-291-4323 or clerksgwaterloo-ia.org with questions about speaking at a public hearing. Page 202 of 364 The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street,and in the Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street,Waterloo,Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids;no bid may be modified or withdrawn for a period of sixty(60)calendar days thereafter. B. SCOPE OF SERVICES Services to be performed by the successful respondent(the"Contractor") for the City will be those described in the form of Contract attached hereto as Exhibit"A" and the Specifications, which generally include but are not limited to mowing properties on an as-needed basis. C. REQUIRED INFORMATION: 1. See the Waterloo Planning and Zoning Department bid form. All bids must be submitted on said bid form. 2. Important Exceptions to Contract Documents—The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFB may cause their proposal to be rejected. 3. Incomplete Information—Failure to complete or provide any of the information requested in this RFB may result in disqualification by reason of non-responsiveness. D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price,prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFB. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty(60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an"all or none"proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. Page 203 of 364 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit"A". 7. In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street, Waterloo, Iowa on Thursday, April 22, 2021. E. MISCELLANEOUS 1. Questions regarding miscellaneous items will be directed to Chris Western in the Planning and Zoning Department, 319.291.4366, Monday through Friday from 8:00 a.m. to 5:00 p.m. 2. This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 204 of 364 F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE,WORDS USED INTERCHANGEABLY—The word time set for the Proposal opening.Any and all such interpretations CITY refers to the CITY OF WATERLOO, IOWA throughout these or modifications will be in the form of written addenda.All Instructions and Terms and Conditions.Similarly, PROPOSER addenda shall become part of the contract documents and shall refers to the person or company submitting an offer to sell its be acknowledged and dated on the signature page. goods or services to the CITY,and CONTRACTOR refers to the successful bidder. 10. LAWS AND REGULATIONS-All applicable State of Iowa and federal laws,ordinances, licenses and regulations of a 2. PROPOSER QUALIFICATIONS-No Proposal shall be accepted governmental body having jurisdiction shall apply to the award from,and no contract will be awarded to,any person,firm or throughout as the case may be,and are incorporated herein by corporation that is in arrears to the City upon debt or contract,that reference. is a defaulter,as surety or otherwise,upon any obligation to the City,or that is deemed irresponsible or unreliable by the City. If 11. SUBCONTRACTING-No portion of this Proposal may be requested, Proposers shall be required to submit satisfactory subcontracted without the prior written approval by the City. evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary 12. ELECTRONIC SUBMITTAL-Telegraphic and/or proposal offers financial resources to provide the proposed supply/service as sent by electronic devices(e.g.facsimile machines)are not described in this Request for Proposal. acceptable and will be rejected upon receipt. Proposers will be expected to allow adequate time for delivery of their proposal 3. SPECIFICATION DEVIATIONS BY THE PROPOSER-Any either by airfreight, postal service,or other means. deviation from this specification MUST be noted in detail,and submitted in writing in the Proposal.Completed specifications 13. CANCELLATION-Either party may cancel the contract in the should be attached for any substitutions offered,or when event that a petition,either voluntary or involuntary, is filed to amplifications are desirable or necessary.The absence of the declare the other party bankrupt or insolvent or in the event that specification deviation statement and accompanying such party makes an assignment for the benefit of creditors. specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of 14. ASSIGNMENT-Proposer shall not assign the contract or any specification deviation,if applicable,shall be grounds for rejection monies to become due thereunder without the prior written of the item when offered for delivery. If specifications or consent of the City.Any assignment or attempt at assignment descriptive papers are submitted with Proposals,the Proposer's made without such consent of the City shall be void. name should be clearly shown on each document. 15. TAXES-The City of Waterloo is exempt from sales tax and 4. SPECIFICATION CHANGES,ADDITIONS AND DELETIONS- certain other use taxes.Any charges for taxes from which the City All changes in Proposal documents shall be through written is exempt will be deducted from invoices before payment is made. addendum.Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 16. PROPOSAL INFORMATION IS PUBLIC—All documents submitted with any proposal and the proposal shall become public 5. PROPOSAL CHANGES-Proposals,amendments thereto,or documents and subject to Iowa Code Chapter 22,which is withdrawal requests received after the time advertised for otherwise known as the"Iowa Open Records Law". By submitting Proposal opening,will be void regardless of when they were any document to the City of Waterloo in connection with a mailed. proposal,the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials,officers 6. HOLD HARMLESS AGREEMENT-The Contractor agrees to and employees relating to the release of any document or protect,defend, indemnify and hold harmless the City of information submitted. Waterloo, its officials,officers,employees and agents,from and against any and all claims and damages of every kind and nature Each submitting party shall hold the City of Waterloo and its made, rendered or incurred by or in behalf of every person or officials,officers and employees harmless from any claims arising company whatsoever,including the parties hereto and their from the release of any document or information made available employees,that may arise,occur,or grow out of any acts, to the City of Waterloo arising from any proposal opportunity. actions,work or other activity done by the Contractor,its employees,subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 7. PROPOSAL CURRENCY/LANGUAGE-All proposal prices shall be shown in US Dollars($).All prices must remain firm for the duration of the contract regardless of the exchange rate.All proposal responses must be submitted in English. 8. PAYMENTS-Payments will be made for all goods/services delivered, inspected and accepted within 30 days after acceptance and on receipt of an original invoice. 9. MODIFICATION,ADDENDA&INTERPRETATIONS-Any apparent inconsistencies,or any matter requiring explanation or interpretation,must be inquired into by the Proposer in writing at least 72 hours(excluding weekends and holidays)prior to the Page 205 of 364 EXHIBIT A CITY OF WATERLOO,IOWA 2021 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services CONTRACT PROVISIONS This Contract for mowing(the"Contract")is made and entered into on May 3, 2021 and ending October 30,2021,by and between the City of Waterloo, Iowa(the"City"), and (the"Contractor"). 1. The Contractor shall furnish all supervision,technical personnel, labor,materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Bids c. Notice of Public Hearing d. Instruction to Bidders e. Signed copy of Bid Form f. Non-Collusion Affidavit of Prime Bidder g. Non-Collusion Affidavit of Sub-Contractor h. Equal Opportunity i. General Conditions j. Bid Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents,the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. The Contractor agrees to be ready to commence the work within twenty-four(24)hours after the City issues a"Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a. Contractors will abide by ordinance sections 7-1-213(1). Contractor will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into any street or alley it shall be removed by the Contractor. b.Contractor will abide by ordinance sections 7-1-217 Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor. c. Contractors shall bag all weeds/grass taller than 12"in residential areas and dispose of the rubbish properly.Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. d. Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning Department. e. Contractors will trim around all trees,telephone poles, fences, structures, curbs and on the backside of alleys. f. In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation,the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. Page 206 of 364 g. Contractor shall remove all involuntary vines,brush,or trees along any fence and the portion of property to the alley when referral is given by the Project Manager. h. Properties found in compliance upon arrival of the contractor,will not result in additional charges to the City of Waterloo from the Contractor. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys,keeping open passageways for water and traffic,and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials,officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses,costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and execution of work, if the work is delayed by the City,the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights,may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including,but not limited to,the following: unsatisfactory job performance or progress,defective work, disputed work, failure to comply with material provisions of the Contract,third-party claims filed or reasonable evidence that a claim will be filed,or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven(7)days' advance written notice. In the event of termination,the Contractor shall be compensated for all necessary services satisfactorily performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above,this Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (2 1) days' advance written notice of termination. 11. Contractor may not assign,delegate or subcontract any of its duties hereunder without the prior written consent of City. Page 207 of 364 12. Because time is of great importance when completing mowing work,the Contractor must notify the City of Waterloo at least two (2)weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail,postage prepaid and addressed: Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: Planning Department(Project Manager) Delivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person, or(ii)three(3) business days following the date of deposit if mailed as stated above. 14. Nothing in this Contract shall,or shall be deemed or construed to, create or constitute any joint venture,partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein,to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal,or unenforceable,whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written,but that by limiting such provision it would become valid,legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract,together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the Contractor as set forth on Exhibit"A"attached hereto. IN WITNESS WHEREOF,the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA CONTRACTOR Quentin Hart-Mayor Name of Company By: Kelly Felchle-City Clerk Title: Page 208 of 364 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, form of contract, etc., setting date of bid opening as May 13, 2021, and public hearing as May 17, 2021, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and instruct City Clerk to publish notice. City Council Meeting:4/19/2021 Prepared:4/12/2021 ATTACHMENTS: Description Type ❑ NPH Backup Material Resolution approving preliminary specifications, form of contract, etc., SUBJECT: setting date of bid opening as May 13, 2021, and public hearing as May 17, 2021, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Source of Funds: City Fac - 5 Sullivans Center Page 209 of 364 NOTICE OF PUBLIC HEARING On Proposed Plans,Specifications, Form of Contract, And Estimate of Cost For the FIVE SULLIVAN BROTHERS CONVENTION CENTER 2"d FLOOR RENOVATION 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 13th day of May 2021 until 1:00 p.m. for the construction of the 5 Sullivan Brothers Convention Center 2"d Floor Renovation Project, 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 Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 131h day of May, 2021 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. 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 17th day of May 2021, 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 of Waterloo 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 Cleric before the date set for said hearing, or appear and make 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. SCOPE OF WORK The project consists of renovation of the meeting rooms on the 2"d floor of Five Sullivan Brothers Convention Center. The work includes updates to the ceiling, floors, walls, lighting, and mechanical. The 2"d floor lobby and adjacent corridor are also part of the updates. Additional mechanical upgrades are part of the project via alternate and include upgrades to the existing AHD's and VAV boxes, and related work indicated in the drawings and specifications. 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@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 210 of 364 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 19t" day of April 2021. Kelley Felchle, City Cleric City of Waterloo, Iowa i Page 211 of 364 CITY OF WATERLOO Council Communication Resolution approving cancellation of special assessments for properties located at 214 Cottage Street, 413 Wellington Street and 118 Shilliam Avenue, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting:4/19/2021 Prepared:4/13/2021 ATTACHMENTS: Description Type ❑ 214 Cottage Backup Material ❑ 413 Wellington Backup Material ❑ 118 Shilliam Backup Material Resolution approving cancellation of special assessments for properties SUBJECT: located at 214 Cottage Street, 413 Wellington Street and 118 Shilliam Avenue, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By:Kelley Felchle, City Clerk Recommended Action: Approve cancellation. 214 Cottage Street -Weed/Snow Removal, Lot Clearing- $384.75 Summary Statement: 413 Wellington Street- Weed Removal- $136.75 118 Shilliam Avenue - Sidewalk- $972.00 Page 212 of 364 Tax Charge Information Sheet Black Hawk County, IA - Treasurer Amount Due if Paid By: 04/30/2021 316 E 5th Street, Room 140 Waterloo, IA 50703 %NMQ - CITY (319) 833-3013 OF WATERLOO ATTN: FINANCE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 Parcel Number: 891324176002 Situs: 214 COTTAGE ST Owner: CITY OF WATERLOO Legal: HAMMOND&HOPKINS ADDITION LOT 4 BLK 2 Taxes Due 1st Half 2nd Half Additional Year Type Bill Number 1st Half Tax Interest 2nd Half Tax Interest Costs Total Due 2020 Special WA96-20190807-00 LOT C... 010747 $97.00 $10.00 $0.00 $0.00 $5.00 $112.00 2020 Special WA93-20190807-00 SNOW.. 010974 $100.00 $11.00 $0.00 $0.00 $9.00 $120.00 2020 Special WA91-20190807-00 WEED...011199 $133.75 $14.00 $0.00 $0.00 $5.00 $152.75 Total Taxes Due for Parcel Number 891324176002: $330.75 $35.00 $0.00 $0.00 $19.00 $384.75 Tax Charge Summary for 1 Parcel Total Unpaid Charges: First Half Due: $384.75 Second Half Due: $0.00 Total Due: $384.75 Grand Total Unpaid: $384.75 4/13/2021 10:51:32 AM Amounts are subject to change Page 1 of 1 Page 213 of 364 Tax Charge Information Sheet Black Hawk County, IA - Treasurer Amount Due if Paid By: 04/30/2021 316 E 5th Street, Room 140 Waterloo, IA 50703 %NMQ - CITY (319) 833-3013 OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 Parcel Number: 891326255024 Situs: 413 WELLINGTON ST Owner: CITY OF WATERLOO Legal: FIELDS ADDITION LOT 1 UNDIVIDED 1/11 OF LOT 12 Taxes Due 1st Half 2nd Half Additional Year Type Bill Number 1st Half Tax Interest 2nd Half Tax Interest Costs Total Due 2020 Special WA91-20200522-00 WEED...010526 $115.75 $12.00 $0.00 $0.00 $9.00 $136.75 Total Taxes Due for Parcel Number 891326255024: $115.75 $12.00 $0.00 $0.00 $9.00 $136.75 Tax Charge Summary for 1 Parcel Total Unpaid Charges: First Half Due: $136.75 Second Half Due: $0.00 Total Due: $136.75 Grand Total Unpaid: $136.75 4/13/2021 10:53:34 AM Amounts are subject to change Page 1 of 1 Page 214 of 364 Tax Charge Information Sheet Black Hawk County, IA - Treasurer Amount Due if Paid By: 04/30/2021 316 E 5th Street, Room 140 Waterloo, IA 50703 %NMQ - CITY (319) 833-3013 OF WATERLOO ATTN: FINANCE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 Parcel Number: 891324405003 Situs: 118 SHILLIAM AVE Owner: CITY OF WATERLOO Legal: SHILLIAMS 3RD SUBDIVISION W49 FT LOT 4 BLK 8 EXC R R W 49 FT LOTS BLK 8 Taxes Due 1st Half 2nd Half Additional Year Type Bill Number 1st Half Tax Interest 2nd Half Tax Interest Costs Total Due 2021 Special WA35-20201207-01 SIDE... $293.00 $87.00 $0.00 $0.00 $5.00 $385.00 2022 Special WA35-20201207-01 SIDE... $293.00 $0.00 $0.00 $0.00 $0.00 $293.00 2023 Special WA35-20201207-01 SIDE... $294.00 $0.00 $0.00 $0.00 $0.00 $294.00 Total Taxes Due for Parcel Number 891324405003: $880.00 $87.00 $0.00 $0.00 $5.00 $972.00 Tax Charge Summary for 1 Parcel Total Unpaid Charges: First Half Due: $972.00 Second Half Due: $0.00 Total Due: $972.00 Grand Total Unpaid: $972.00 4/13/2021 10:48:27 AM Amounts are subject to change Page 1 of 1 Page 215 of 364 CITY OF WATERLOO Council Communication Recommendation of appointment of Cody Marsh from the Civil Service List to the position of Systems Analyst, in the Information Technology Department, effective April 29, 2021. City Council Meeting:4/19/2021 Prepared:4/6/2021 ATTACHMENTS: Description Type ❑ Job Description Backup Material ❑ Personnel Req Questions Backup Material ❑ Certified List Backup Material ❑ Personnel Request Form Backup Material Recommendation of appointment of Cody Marsh from the Civil Service List SUBJECT: to the position of Systems Analyst, in the Information Technology Department, effective April 29, 2021. Submitted by: Submitted By: Chris Youngblut, Director of Information Technology_ Recommended Action: Approval Summary Statement: This position fills a vacancy since Jan 29, 2021 when prior employee retired. Page 216 of 364 CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION SYSTEMS ANALYST DEPARTMENT INFORMATION TECHNOLOGY SERVICES WAGE RANGE $73,450.38-$77,923.45 Annualized FLSA EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT AFSCME Local 1195 GENERAL STATEMENT OF DUTIES Technical position under the direction of the Technology Services Director. This position is responsible for implementing, maintaining and troubleshooting a wide variety of technical systems and applications. Duties include but are not limited to the following: analyzing current computerized systems, troubleshooting computer network infrastructure issues, training staff on the most efficient use of current systems, maintaining security and integrity of all systems and software. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS design and administration, application (Illustrative Only) programming using macros and Visual Basic These functions are considered essential for helpful. successful performance in this job classification. 7. Assists in the administration of the City's 1. Deploys, maintains and troubleshoots core LAN and WAN and ensures connectivity at business applications, including application all nodes. servers, associated hardware, network switches, endpoints and databases. 8. Keeps up-to-date on information technology best practices and emerging technologies. 2. Evaluates infrastructure to ensure it adequately meets the City's needs. 9. Works with vendors for installation and support of current and new applications and 3. Coordinates hardware and software hardware. upgrades. 10. Coordinates the implementation of best 4. Trains end users on the standards and practices in the area of information and procedures necessary for the effective network security. operation of technology in the City. 11. Works independently and with others with 5. Evaluates current and future technology needs limited supervision. for IT and other City departments, including coordinating, planning and implementing all 12. Regular attendance on the job and at the technology and support and recommending work site is required. technology solutions. 13. Performs all work duties and activities in 6. Experience with Microsoft Access databases, accordance with OSHA, City and Page 217 of 364 Information Technology Services variety of social, economic, racial, ethnic and policies, procedures and safety practices. educational backgrounds. 14. Performs other duties as assigned by ACCEPTABLE EXPERIENCE & TRAINING Technology Services Director. I. Bachelor's Degree from an accredited college or university in management information REQUIRED KNOWLEDGE &ABILITIES systems or computer science with a 1. Ability to successfully assess and apply best technology emphasis or closely related practices and current technologies to field with minimum of 1-year experience. enhance the attainment of the City's OR technology objectives. Any equivalent combination of education and experience that provides the knowledge, skills 2. Ability to balance several job functions at one and abilities necessary to perform the time and plan, organize and prioritize essential functions of the position. assignments; ability to meet deadlines. 2. Experience with technology best practices. 3. Ability to work in a team environment to achieve the current and future technology 3. Experience interacting with a diverse group of goals of the City. individuals. 4. Ability to recognize sensitive issues and 4. Experience analyzing technical requirements maintain confidentiality. to appropriately plan for and address technology needs. 5. Current knowledge of information technology best practices. 5. Experience with information systems, productivity applications, TCP/IP networks 6. Knowledge of database processing, and other relevant technologies. telecommunications systems, server infrastructure and LANAVAN networking 6. Project management experience helpful. configurations. ESSENTIAL PHYSICAL ABILITIES 7. Knowledge of Visual Basic and Access The following physical abilities are required with or database macros helpful. without reasonable accommodation. 8. Ability to work independently with minimum I. Sufficient speech and hearing that permits the supervision. employee to communicate effectively with staff, coworkers, elected officials and vendors 9. Ability to communicate clearly and in person or by telephone. concisely orally and in writing, analyze and interpret data, review materials on a variety 2. Sufficient personal mobility that permits the of technology issues, give recommendations employee to operate a passenger vehicle and respond to questions and concerns from safely and travel from City Hall to other City City employees in a clear, concise and easily departments at various locations around the understandable manner. City. 10. Ability to establish and maintain effective 3. Sufficient vision to perform work on a working relationships with City staff. personal computer and perform other technical and administrative responsibilities. 11. Ability to work with people from a broad Page 218 of 364 MISCELLANEOUS ORAL EXAMINATION 1. Must comply with City of Waterloo All qualified candidates who apply by the deadline Residency Policy for Critical Employees date will be required to appear before an interview (physically reside within ten-mile radius of panel consisting of a minimum of three people who Waterloo City Hall-will be given reasonable have expertise in the areas being tested. An compliance period as determined by individual must receive a minimum average score of department head). sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked 2. The City of Waterloo will conduct a by their scores on the interview, will be the background investigation including individuals placed on the certified list. Applicants education, employment and criminal history who qualify as outlined and are full time regular checks on any applicant being considered employees of the City of Waterloo shall have one for this position. additional point per full year of employment up to a maximum of five points added to their final score. 3. Following a conditional offer of employment, Honorably discharged men and women from the the City of Waterloo reserves the right to military or naval forces of the United States who require a physical examination and a drug qualify per provisions of Chapter 35 of the Code of test by a physician of the City's choice to Iowa and who are citizens and residents of the United determine if an applicant is capable of States shall have five additional points added to their performing the essential functions of the final score upon submission of their DD214 or ten position. points added if they were awarded a Purple Heart or have a service connected disability. Employment is 4. Must submit to and successfully pass panel contingent on possession of a good driving record interview and subsequent interview(s) by the based on City of Waterloo driver performance criteria Technology Directory or his designee(s). and passing a post job offer physical and drug test. WORK SCHEDULE ORAL EXAMINATION DATE Will generally work Monday-Friday, 8:00 a.m.-5:00 All qualified candidates who apply by the deadline p.m. but may be required to work outside of normal date will be notified of the time, place and date of the business hours to perform technology changes, oral examination. updates or special projects. Will occasionally travel for meetings or conferences. Minority,female& disabled candidates are encouraged to apply. A.A./E.E.O. SYSTEMS ANALYST DESCRIPTION 21 January 2021 Page 219 of 364 PERSONNEL REQUISITION {Systems Analyst} The following questions are provided as guidelines to assist you in developing your rational for the position of(Systems Analyst}in the (Technology Services} Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Implementing, maintaining and troubleshooting a wide variety of technical systems and applications. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, this is a replacement position, department only has 2 people (Department Head and programmer/analyst) (3) How is the work of this position being accomplished now? Currently being accomplished by programmer/analyst who is retiring in January. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, our department is very lean. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Would still not be at full staff as we are waiting to hire a fulltime GIS Coordinator. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? N/A (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? N/A (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Many more systems rely on configuration/troubleshooting/maintenance by the technology services department. Amount of work has increased over the last several years. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. This position is responsible for many daily Page 220 of 364 troubleshooting tasks as well as handling Access Programming changes/questions/troubleshooting. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Some items will be delayed getting done, emergency items handled by department head. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It would be difficult to outsource as basic helpdesk/troubleshooting would be delayed getting responded to. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? We are already a very lean department—since this is the only other position within this department, it would rank rather high. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? It has a direct effect on Objective 4.7 to develop electronic initiatives and enhance ease of use and customer service. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 221 of 364 R,9MAN RESOURCES ! EP,_j `T j t T 715 Mulberry St. a Waterloo IA 50703 o Phone(399)291-4303 Fax(319)291-4569 s s• March 19,2021 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Systems Analyst for the City of Waterloo, Iowa Information Technology Department. Appointment(s) shall be made from this list for the next year (March 19, 2021 —March 18,2022). CERTIFIED LIST Cody Marsh Jeremy Kloberdanz Lori Zeschke Matthew Crisman Respectfully submitted, Barry askins Date Lovie Caldwell Date Ethel Washingto Date CS LIST SYSTEMS ANALYST WE'RE WORKING FOR YOU! An Equal OpportuniWAffirmative Action Employer Page 222 of 364 PERSONNEL RILQMf1f'101\\l FORM Check as applicable: ® To start recruiting or civil service process and/or To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. *********':********•kir*irk:********9:r.*i:•:c***ic***A*ic***ic*k*�:*ktt.**;F:Fic*********xie**,Yx9e*****fir*****ic**'r iv**r, Position Title: Systems Analyst Department: MIS Reports To: Director of Technology Work Location: City hall(MIS Office) Employment Status: ® Regular Full Time ❑Temporary Full Time from to ❑ Regular Part Time ❑Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑No ❑ Internal Posting Only Bargaining Position: Z Yes ❑No ® Internal Posting and External Advertising Bargaining Group: AFSCME Non-bargaining Position: ❑ Yes ® No Complete the following if the requisition is to fill a vacancy: ❑ New Position or [E Replacement Position for:Mike Rooff(Programmer/Analyst) (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 1/31/2021 Date of final payout: Anticipated start date: Jan 4, 2020 No. of hours/week: 40 Work schedule: M-F 8-5 Justification of need for position: Current Analyst is retiring January,2021. It is necessary to hire a replacement as soon as possible for this position. What are the likely consequences if the position is not filled? Work will not get completed in a timely manner and future projects will not be completed. Daily helpdesk issues will take much longer to complete, APPROVALS Annual salary requirements: Hourly Rate: Benefits: (Payroll takes,pension,health ins.-assuming family) Is position budgeted for this and future FYs? ❑Yes ❑No If no, how will position be funded? Approved subject to the following conditions: Submitting Department Head Date Mayor Date o- ao cam© 'Chi&f Financial Officer Date Human Resour es Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 223 of 364 CITY OF WATERLOO Council Communication Motion approving Change Order No. 8 with Cardinal Construction Inc., of Waterloo, Iowa, for no increase to the project total, in conjunction with the Five Sullivan Brothers Convention Center Penthouse Chiller Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting:4/19/2021 Prepared:4/9/2021 ATTACHMENTS: Description Type ❑ Change Order#8 - 5 Bros Penthouse Chiller Backup Material Motion approving Change Order No. 8 with Cardinal Construction Inc., of SUBJECT: Waterloo, Iowa, for no increase to the project tota, in conjunction with the Five Sullivan Brothers Convention Center Penthouse Chiller Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval CR 09: Cost to add approximately 25' to the length of conduit and cabling required to hook up the two new chillers. ($5,040.78) Summary Statement: Reduce specified roof asbestos abatement allowance from$6,653.70 to $1,612.92. Contract sum remains unchanged. Page 224 of 364 �. Document G701 2017 Change Order PROJECT:Wane and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sulln an Brothers Convention Center Contract For:General Construction Change Order Number:008 Penthouse Chiller for the City of Project No. 19-23141 Waterloo,IA. Date:March 27,2020 Date:April 6,2021 OWNER:(Nance and address) ARCHITECT:(Name and address) CONTRACTOR:(Nance and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,LA 50703 Waterloo,1A 50701 THE CONTRACT IS CHANGED AS FOLLOW& (Insert a detailed description of the change and,ifapplicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives) A. CR 09: Cost to add approx.25'to the length of conduit and cabling required to hook up the two new chillers.......................................................................................Add S5,040.78 REDUCE SPECIFIED ROOF ASBESTOS ABATEMENT ALLOWANCE FROM 56,653.70'l'O$1,612.92 CONTRACT SUM REMAINS UNCHANGED. The original Contract Stun was $ 1,l 14,000.00 The net change by previously authorized Change Orders $ 26,865.08 The Contract Sum prior to this Change Order was $ 1,140,865.08 The Contract Sun will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 1,140,865.08 The Contract Time will be unchanged by Zero(0)days. Tile new date of Substantial Completion will be August 7,2020. 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 tune 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) Cardinal Construction,Inc, City of Waterloo ARCHITECT(Firnt name) CO T CTOR(Firnt name) OWNER(Firkin name) SIGNATURE SIGNATURE SIGNATURE Nathan Compton,ArchitectTroject Katy Susong,President Qucntin Bart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE April 6,2021 April, 6, 2021 DATE DATE DATE AIA Document G701"—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.Ail rights reserved.The"American Institute of Architects, "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 10:43:15 ET on 04!06!2021 under Order No.8114132283 which expires on 0711212021,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@aia.org. User Notes: (3139ADA3A) Page 225 of 364 CITY OF WATERLOO Council Communication Motion approving Change Order No. 11 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$1,864, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting:4/19/2021 Prepared:4/6/2021 ATTACHMENTS: Description Type ❑ Change Order#11 - 5 Bros Addition-Reno Backup Material Motion approving Change Order No. 11 with Cardinal Construction, Inc., SUBJECT: of Waterloo, Iowa, for a net increase of$1,864, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: PR 04- Cost for ceiling work in Projection Room 119 - $1,200 PR 12 - Cost for lighting changes - $664 Page 226 of 364 AIADocument G701 - 2017 Change Order PROJECT:(Nonce and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:01 1 Addition and Renovation,Waterloo,[A. Project No:20-23943 Date:September 08,2020 Date:April 1,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(TSG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,1A 50703 Waterloo,IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed descrlptior of the change and,if'applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. PR 04: Cost for ceiling work in Projection Room 119........................................................Add S 1,200.00 B. PR 12: Cost for lighting changes..........................................................................................Add $ 664.00 TOTAL ADD$1,864.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$1,864.00. The original Contract Sum was $ 5,516,300.00 The net change by previously authorized Change Orders $ 129,351.16 The Contract Sum prior to this Change Order was $ 5,645,651.16 The Contract Sum will be increased by this Change Order in the amount of $ 1,864.00 The new Contract Sum including this Change Order will be $ 5,647,515,16 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 13,2021. 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) Cardinal Construction,Inc, City of Waterloo ARCHITECT(Finn name) CONT OR(Finn name) OWNER(Finn name) SIGNATURE SIGNAL E SIGNATURE Nathan Compton,Architect Katy Susong,President Quentin Hart,Ma or PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE April 1,2021 Aril 1 2021 DATE DATE DATE AIA Document 0701-—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document I was produced by AIA software at 13:55:22 ET on 04101/2021 under Order No.8114132283 which expires on 07112/2021,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@aia.org. User Notes: (3139ADA39) Page 227 of 364 CITY OF WATERLOO Council Communication Bonds. City Council Meeting:4/19/2021 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 4.19.2021 Backup Material SUBJECT: Bonds. Page 228 of 364 BONDS FOR COUNCIL APPROVAL April 19, 2021 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7900384431 ALAN EVEN DBA AL'S KOUNTRY CONSTRUCTION, LLC JESUP, IA IA 537881 ALFRED SCHOTT LA PORTE CITY, IA SY95411 ANACAPA ASSOCIATES, LLC WATERLOO, IA 7900370807 ANTHONY FISCHELS WATERLOO, IA 107082632 ARVIC ENERPRISES, INC. PERHAM, MN 1914530 ASPRO, INC. WATERLOO, IA 7900418841 ALL STAR PLUMBING AND HEATING HUDSON, IA IA 566225 B & B BUILDERS & SUPPLY WATERLOO, IA 2255027 BAKER ENTERPRISES DBA BAKER CONCRETE & EXCAVATING WAVERLY, IA IA5255330 BARRY SMITH GRADING & EXCAVATION, INC. WAVERLY, IA 7900452202 BERGEN PLUMBING, INC. WATERLOO, IA 7900452170 BENTON SAND & GRAVEL, INC. CEDAR FALLS, IA IA5212647 BOULDER CONTRACTING, LLC GRUNDY CENTER, IA 7900452203 BOWERS MASONRY, INC. WATERLOO, IA IA 559897 CARDINAL CONSTRUCTION, INC. WATERLOO, IA IA 537158 CEDAR VALLEY CORP., LLC WATERLOO, IA 7900383696 CEDAR VALLEY RENOVATIONS, LLC CEDAR FALLS, IA IA5249131 CHAD KELLEY DBA KELLEY CONTRACTING EVANSDALE, IA 7900452204 CHRISTONE, INC. WATERLOO, IA 95 BA K037 4 NINO F COSTARELLA DBA CHRISTENSEN BUILDING & REMODELING CEDAR FALLS, IA & REPAIR 65150873 CONCRETE SOLUTIONS, LLC WAVERLY, IA 7900314398 COUNTRY BUILDERS JANESVILLE, IA 55219400 DAVE SCHMITT CONSTRUCTION CO., INC. CEDAR RAPIDS, IA 3399051 DENNIS EVEN GILBERTVILLE, IA IA 590535 DON SCHMITZ& SONS, INC. WASHBURN, IA IA 573467 EARNEST BENNETT WATERLOO, IA 7901063130 EARHWORX CIVIL SOLUTIONS, LLC CEDAR FALLS, IA 95 BA H591 4 ELLIOTT&TRACY WISE WATERLOO, IA 7900402302 FAILOR HURLEY CONSTRUCTION WATERLOO, IA IA 566969 FRICKSON ASPHALT EXCAVATION EVANSDALE, IA 3468242 ELVIS HADZIKIC WATERLOO, IA IA5388733 HANKINS CRANE & CONSTRUCTION, LLC COGGON, IA 7900452185 HUFF CONTRACTING, INC. WATERLOO, IA 95 BA G306 0 IOWA FLATWORKS CEDAR FALLS, IA 7900452206 IOWA HEARTLAND HABITAT FOR HUMANITY WATERLOO, IA 95 BAJ1084 JEFF EVEN JESUP, IA IA5165833 JESUP LAND IMPROVEMENT CO. JESUP, IA 95 CC 8008 4 JOE JONES DBA JONES BROTHERS ASPHALT PAVING COMPANY WATERLOO, IA 7900452183 K. CUNNINGHAM CONSTRUCTION, CO., INC. CEDAR FALLS, IA 55-207658 KOELKER EXCAVATING, INC. MARION, IA IA 580340 LARSON CONSTRUCTION CO., INC. INDEPENDENCE, IA IA 509356 LEHMAN TRUCKING & EXCAVATING, INC. WATERLOO, IA IA5176727 LISTER CONCRETE PRODUCTS & RAILING FABRICATIONS WATERLOO, IA 7900452193 MARK RUSSELL DBA RUSSELL CONSTRUCTION WATERLOO, IA ROW BONDS 4/19/2021 Page 1 of 2 Page 229 of 364 IA 537826 MARTINSON CONSTRUCTION CO., INC. WATERLOO, IA SY81320 MATT NOLT ORCHARD, IA 7900452208 MATTHIAS LANDSCAPE COMPANY, INC. WATERLOO, IA IA 577939 MICHAEL B GEISLER DBA GEISLER BUILDERS CEDAR FALLS, IA IA5139342 MOLITOR, LLC DBA MOLITOR UTILITIES SWISHER, IA 55-221113 MUNSON ELECTRIC, INC. HIAWATHA, IA IA 580415 OPERATIONS THRESHOLD, INC. WATERLOO, IA 3469933 P & G PROPERTY SERVICE CEDAR RAPIDS, IA TE9079 PETERSON CONTRACTORS, INC. REINBECK, IA IA5172486 PATRICK S BERRY WATERLOO, IA 7900378903 PHILIPPSON CONCRETE CONSTRUCTION, INC. MANCHESTER, IA 2171184 PRICE INDUSTRIAL ELECTRIC, INC. ROBINS, IA 7900453032 REYES CONCRETE SERVICES, LLC JESUP, IA IA 599391 SEEHASE MASONRY, INC. SUMNER, IA 555-209283 R L SNITKER CONSTRUCTION, INC. CEDAR RAPIDS, IA IA5194532 ROGERS CONCRETE CONSTRUCTION, INC. ANAMOSA, IA IA5287962 STEEGE CONSTRUCTION, INC. WAVERLY, IA 95CF G212 2 MICHAEL STEEN WATERLOO, IA 95 02 3294 8 SWEERIN BROTHERS MASONRY WATERLOO, IA 5455721 SWICK CABLE CONTRACTOR, INC. ELY, IA 106744910 TD&I CABLE MAINTENANCE, INC. LAKE SAINT CROIX BEACH, MN 016069339 TELCOM CONSTRUCTION, LLC CLEARWATER, MN 7900452191 TODD VAN DORN DBA TODD VAN DORN CONSTRUCTION CEDAR FALLS, IA 7900452199 TOM GIBERSON DBA TOTAL MASONRY CEDAR FALLS, IA 7900452201 TURN KEY ASSOCIATES, LLC WATERLOO, IA 2130539 VIETH CONSTRUCTION CORPORATION CEDAR FALLS, IA IA 580365 WHITNEY BUILDERS, INC. CEDAR FALLS, IA 6075016 WHOLE EXCAVATION, LLC HUDSON, IA ROW BONDS 4/19/2021 Page 2 of 2 Page 230 of 364 CITY OF WATERLOO Council Communication Request by Douglas C. Miller to rezone 2.71 acres, located at 6415 Kimball Avenue, from"A-1"Agricultural District to "R-1" One and Two Family Residence District. City Council Meeting:4/19/2021 Prepared: 3/10/2021 ATTACHMENTS: Description Type ❑ Staff Report Backup Material ❑ Overview Map Backup Material ❑ Aerial Map Backup Material ❑ Rezone Plat and Legal Description Backup Material ❑ Pictures Backup Material ❑ Application 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 SUBJECT: 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 Douglas C. Miller to rezone 2.71 acres, located at 6415 Kimball Avenue, from"A-1"Agricultural District to "R-1" One and Two Family Residence District. 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 Douglas C. Miller to rezone 2.71 acres from"A-1"Agricultural District to "R-1" One and Two Family Residence Summary Statement: District located at 6415 Kimball Avenue. The Planning and Zoning Commission unanimously approved the rezone request at their regular meeting on March 9, 2021. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. Page 231 of 364 The applicant is requesting to rezone property in order to split off an existing home that was built in 1992 on 34.13 acres. The proposal would not appear to have a negative impact on the surrounding area as there are several homes in the immediate vicinity zoned"A-1" Agricultural District and "R-1"One and Two Family Residence District. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by Kimball Avenue, which is a principle arterial. The area is zoned"A-1"Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North— Residential and Agricultural, zoned "A-1"Agricultural District and "R-1" One and Two Family Residence District. South—Agricultural, zoned "A-1"Agricultural District. East—Agricultural, zoned "A-1"Agricultural District. West— Residential and Agricultural, zoned"R-1" One and Two Family Residence District and"A-1"Agricultural District. The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0311F, dated July 18, 2011. There is a 6"water main that runs along Kimball Avenue and a 10" sewer Background Information: main in a 20' sewer easement to the east of 6415 Kimball Avenue. The property is served by both city water and sewer. The applicant is requesting to rezone approximately 2.71 acres of land from "A-1"Agricultural District to "R-2"One and Two Family Residence District in order to split off an existing 1992 home that was built on 34.13 acres. The "A-1"Agricultural District provides that for homes built prior to the adoption of the Zoning Ordinance in 1969, they can be split off onto a minimum lot size of 1.5 acres, however a farmhouse built after 1969 cannot be split off from the farm unless it is rezoned to something other than"A-1" Agricultural District. Therefore, staff recommends that the request by Douglas C. Miller at 6415 Kimball Avenue to rezone approximately 2.71 acres from"A-1"Agricultural District to "R-1"One and Two Family Residence District to split of an existing home that was built on 34.13 acres be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area. 3. Homes on the west side of Kimball Avenue are also zoned"R-1" One and Two Family Residence District, and the request would appear to be in character with the area. 4. Conformance with the future land use map. Page 232 of 364 Rezone A-1 to R-1 That part of the Northwest Quarter (NW 1/4) of Section Twenty-two (22), Township Eighty-eight North (T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the West 1/4 Corner of aforesaid Section Twenty-two (22); thence N00°08'39"W Two Hundred Twenty-one and Sixty-eight Hundredths (221.68) feet along the West line of aforesaid Northwest Quarter (NW 1/4); thence N88°20'05"E Fifty-five and Two Hundredths (55.02) feet to the East line of parcel described in Land Deed 550, Page 345 in the Black Hawk Legal Descriptions: County Recorder's Office and to the point of beginning; thence N00°08'39"W Three Hundred Twenty-one and Sixty-six Hundredths (321.66) feet along said East line; thence N89°34'53"E Two Hundred Twenty-two and Fourteen Hundredths (222.14) feet; thence Southeasterly One Hundred Seventy-two and Ninety-Nine Hundredths (172.99) feet along the arc of a curve concave Southwesterly having a radius of One Hundred Forty (140.00) feet and a chord of One Hundred Sixty-two and Nineteen Hundredths (162.19) feet which bears S55'01'11'E; thence S 19°37'15"E Two Hundred Thirty-one and Seventeen Hundredths (231.17) feet; thence S88°20'05"W Four Hundred Thirty-two and Two Hundredths (432.02) feet to the point of beginning containing 2.71 Acres. Page 233 of 364 April 19,2021 REQUEST: Request by Douglas C. Miller to rezone 2.71 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District located at 6415 Kimball Avenue. APPLICANT: Douglas C. Miller, 6415 Kimball Avenue, Waterloo, IA 50701 GENERAL The applicant is requesting to rezone property in order to split off an DESCRIPTION: existing home that was built in 1992 on 34.13 acres. IMPACT ON The proposal would not appear to have a negative impact on the NEIGHBORHOOD & surrounding area as there are several homes in the immediate vicinity SURROUNDING LAND zoned "A-1" Agricultural District and "R-1" One and Two Family USE: Residence District. VEHICULAR & The request would not appear to have a negative impact on vehicular or PEDESTRIAN TRAFFIC pedestrian traffic movements in the area. The site is served by Kimball CONDITIONS: Avenue, which is a principle arterial. RELATIONSHIP TO The nearest recreational trail is the Shaulis Road Trail which is located RECREATIONAL TRAIL approximately 1.4 miles to the north. PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area is zoned "A-1"Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Residential and Agricultural, zoned "A-1" Agricultural District and "R-1" One and Two Family Residence District. South —Agricultural, zoned "A-1" Agricultural District. East—Agricultural, zoned "A-1" Agricultural District. West— Residential and Agricultural, zoned "R-1" One and Two Family Residence District and "A-1" Agricultural District. DEVELOPMENT The area is comprised of residential dwellings built between 1914 and HISTORY: 1992. BUFFERS/ SCREENING No buffers would be required for this request. REQUIRED: DRAINAGE: Rezoning the land would not appear to have a negative impact on drainage in the area. FLOODPLAIN: The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0311 F, dated July 18, 2011. PUBLIC /OPEN SPACES/ SCHOOLS: The nearest Elementary School is Orange Elementary School which is located approximately a '/2 mile to the north, Hoover Middle School which is located approximately 2.8 miles to the northwest, and West High School which is located 3.2 miles to the north. 6415 Kimball Avenue Rezone—A1 to R1 Pdcg@f23f41 of 364 April 19,2021 The nearest open space is Lichty Park which is located 0.5 miles to the northwest. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is a 6" water main that runs along Kimball Avenue and a 10" sewer main in a 20' sewer easement to the east of 6415 Kimball Avenue. The property is served by both city water and sewer. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential, therefore the project is in compliance with the Future Land LAND USE PLAN: Use Map. STAFF ANALYSIS — ZONING ORDINANCE: The applicant is requesting to rezone approximately 2.71 acres of land from "A-1" Agricultural District to "R-2" One and Two Family Residence District in order to split off an existing 1992 home that was built on 34.13 acres. The "A-1" Agricultural District provides that for homes built prior to the adoption of the Zoning Ordinance in 1969, they can be split off onto a minimum lot size of 1.5 acres, however a farmhouse built after 1969 cannot be split off from the farm unless it is rezoned to something other than "A-1" Agricultural District. STAFF ANALYSIS — The applicant is planning to subdivide the property once the rezone is SUBDIVISION approved. The proposed split would be the first split of the property since ORDINANCE: the adoption of the subdivision Ordinance. So, it can be approved administratively. The Planning and Zoning Commission unanimously approved the rezone request at their regular meeting on March 9, 2021. STAFF RECOMMENDATION: Therefore, staff recommends that the request by Douglas C. Miller at 6415 Kimball Avenue to rezone approximately 2.71 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District to split of an existing home that was built on 34.13 acres be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area. 3. Homes on the west side of Kimball Avenue are also zoned "R-1" One and Two Family Residence District, and the request would appear to be in character with the area. 4. Conformance with the future land use map. 6415 Kimball Avenue Rezone—A1 to R1 Pdcg@f2315 of 364 City of Waterloo City Council April 19, 2021 Q LICHTY BLVD Q W 00 Q Q U W ORANGE RD E ORANGE RD R-1 —SCHOOL DR L A-1 s� J Q Y > w 3 x -BLAINE RD Waterloo City Limits N 64115 Kimball Avenue w E Rezone from "A-it" to "R-it" s Douglas Miller 600 300 0 600 � Fee' Page 236 of 364 City of Waterloo City Council April 19, 2021 BLAINE AL A6 J Q m r Q J Y - Q m Waterloo City Limits t' N 64115 Kimball Avenue w E Rezone from "A-it" to "R-it" s Douglas C. Miller zoo ,00 o zoo . . TTR Feet Page 237 of 364 I CES FILE NO. 2746 0 _ W ° C C Q O. N p p Q MN 00 0 " >c z NO I I m CDJ CD CJ p W U)UJ # C C 0.. yO a D I I aZo # 0r c� :3 00 F OD u0 2 � M p x p C Cp+. K)7 rr) �.0 a s m 1 r �s 1 ,yiA W ��.�g"E LL w V) En U) wX 6 p\(- W=� r r IS�B Lu W O 00 UQ z # � P.- 0 0 ,LZ^ FN0 O" h �:: nv (h p UM J z Ww U rn ���o^.° cv on v CO w U .L w 3 b m I ° 3 ? 00 ao IL to 0 z ° c mv~ {n Q 000 0 *^ U C W .-. 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Page 240 of 364 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 I.APPLICATION INFORMATION: a. Applicant's name please print): DO 4114 s L/�• �4 1,lip-r Address: 1,L/ salt �� Phone: 3/4'- Z��/�af ax: City: Lai* toy State: -'CA Zip: 5-670 1 b. Status of applicant: (a) Owner�(b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax. City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: oo n4f- f- dE K.IA4 6,t( L i A PP✓Z-oX l7 LE-MISr�c.t7t� c5pF E. CwU1,,Ul< 1 r43,► ~ bk15 C'004 .k\ b. Legal description of property to be rezoned: 5t. A-_ITA JS Z-) +'vV_2otiC_ c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 5€€, ✓3 d. Area of Proposed Zoning Boundary(Excluding Right of Way): A-6r7.e 5 e. Current zoning: A-4 A-G LJ Cc.4L_T t K At-- Requested zoning: f& I f. Reason(s)for rezoning and proposed use(s) of property:TCe�= �EXI STini(r g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$300 +$10 per acre ($750 max) (payable to the City of Waterloo) is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of per jury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Z—tl—2a Z 1 Signature of Applicant Date Signature of Owner Date Page 241 of 364 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property, formerly a platted alley located south of 118 Clark Street, to CJ Investment Properties, LLC, in the amount of$1,019.54. City Council Meeting:4/19/2021 Prepared:4/6/2021 ATTACHMENTS: Description Type ❑ Aerial Photo Backup Material ❑ Application Backup Material ❑ 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. SUBJECT: Resolution authorizing the sale and conveyance of city owned property, formerly a platted alley located south of 118 Clark Street, to CJ Investment Properties, LLC, in the amount of$1.019.54, 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 former designated alley right-of-way measures 2683 square feet. Summary Statement: The assessed value of the lot set by the Black Hawk County Assessors Office is $1,019.54. The applicant has submitted an application to purchase the lot for$1,019.54 which meets the Sale of City Owned Policy. The alley was previously vacated. Expenditure Required: None Source of Funds: N/A The property in question was platted as an alley but was never used as city right-of-way. The alley was vacated by Ordinance 5535 on January 13, 2020 which replaced Ordinance 5510 which was approved by the City Council on Background Information: August 19, 2019. The applicant requesting to purchase the property is currently the contract buyer of 118 Clark Street which sits just to the north of this piece of property. That part of the Fifteen foot(15') east-west alley as platted in Campbell's Legal Descriptions: Addition lying Westerly of a Southerly extension of the East line of Lot 23 of Page 242 of 364 said Addition, City of Waterloo, Black Hawk County, Iowa. Page 243 of 364 City of Waterloo Planning, Programming and Zoning Commission April 13, 2021 Legend ® South of 118 Clark Alley Vacate a N tjQ a�: ' J Clark Street 118 Clark Street r _ ter• I Broadway Street Vacated Platted Alley lox W 5 r N South of 118 Clark Street W E Alley Vacate s Jason Huff Page 244 of 364 City of Waterloo Planning&Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 (319) 2914366 ❑ Offer to Vacate and Purchase City Right-of-Way ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property Applicant:Z.1 1„v��r�c,,,r Address:j3/• �. rte.-. L� �.r Phone No.: e dz i Pinow-c lr, General Description of Property to Vacated(i.e.-alley between A St.&B St., South of C St.): wKLegA” leo cfT7-t/) 5oq-1 F) ce if& cwt,- Legal al description of area to be conveyed,vacated,or encroached: 7thC FIF-WP-J a liS')6�9sT WG7 &OST J r.l G A n I°Y3 TLC`s A2o►7i&,j OP �7W5- 111- 1 C/) rx 7�51 o� or- 70C � � `rf"� of La-'7 a3 �r SA9 6019 4 e W47,e4 1. A non-refundable filing fee(s) shall be ma as fo ows(checks payable to City of Waterloo): "K 14" cx&AuV • Right-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition,remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: C) / C;p Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Ap Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 245 of 364 Legal Description: That part of the Fifteen foot(15') east-west alley as platted in Campbell's Addition lying Westerly of a Southerly extension of the East line of Lot 23 of said Addition, City of Waterloo, Black Hawk County, Iowa. Page 246 of 364 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located at 225 Newell Street, in the amount of$154,400, to Jason Thaw. City Council Meeting:4/19/2021 Prepared: 3/24/2021 ATTACHMENTS: Description Type ❑ Final Purchase Agreement Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property located at 225 Newell Street, in the amount of$154,400, to Jason Thaw 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 225 Newell Street is the second home the City partnered with Hawkeye Community College to build through their Sustainable Construction& Design program. This home was completed by students in the Spring of Summary Statement: 2021 and Amy Wienands listed the home for sale on behalf of the City. The City has received an over asking price for the home. The lot was transferred to Hawkeye Community College, but will be transferred back to the City of Waterloo so that we can proceed with this sale per the terms of the approved development agreement. Expenditure Required: $4,500 for Appliances up to $2,500 in Closing Source of Funds: Nuisance Bonds Policy Issue: Sale of Property The partnership between the City and Hawkeye Community College was developed to eliminate nuisance properties within the community as well to build the area work force with hands on experiences through classes offered at the college. The City has been active in utilizing a state program through Background Information: Iowa code 657A to obtain abandoned properties. Hawkeye Community College has stepped in to not only redevelop the underutilized sites but also train new work force through their Sustainable Construction and Design program. The first home of the partnership was sold in 2020 for$139,900. This is the second home of the program is was listed for$149,900 and the Page 247 of 364 offer is $154,400. The City will be paying the buyer$4,500 for appliances. Legal Descriptions: Mansons Second Addition Lot 12 Block 1 Page 248 of 364 dotloop signature verification:dt1p.us/ywQb-rm4b-oL70 Adopted by The Norltionst mi Regional NOW of Retillors Oct 2015 And Tiio Black HoA COur)ty SIA41010 T R U C T U R E M REAL ESTATE PURCHASE AGREEMENT" END (seller) FROM (Boor A,,; Joint 10nants vyith full rights of survivorship uniess otherwise speciried Buyer Offers to buy • Z Vj o_ + ee � 00 > Legally desCTibed as & aK. Lz� v­e^­q,4 SUBJECT 10 RESI RiCTIVE COVENANTS" ORDINANCES, AND LIWTED ACCESS PROVISIONS OF RECORD IF ANY AND TO EXIST�NG EASENIENTS , IF ANY The Property intendd to be covered by 1he teems hereof shall include all buildings. storago shods . Iond nhts . easoments , andaccess noc or on �� �rr���� �d Owned ary or appurtenant theroto ard owned b ��ar Ir� ��..rded, ifnoin ned b th Serer, ale E-]ll fixtures including bur no C Irrnii Io atla hed1 i� , indave blindcurtain rid and fiard pro lighting � � shades, � ht n fixtures and bulbs, calling fans, built- in appliances and accessories, aritenna television mounting brackets, awnings, door chimes - fireplace grates andirons , mailbox insia lirr� � sump pumps', garage dwr opo� ��d r�trols, and bushes, shrubs and o# - � other'vegetation � � �r� ludd, if not rr�tls , are atelfitdish , water sfitnr and filrrlion Systems, installed alarm devicos , ro �n� p tanks and all oLher fixtures not hereinafter fes rved by SeVer in wriung RESERVED ITEMS : FOR THE SUM OF S'qj ty DO Earnest money of S to be hold in trust by arid (he bafanco in cash to be p d at closing upon performance of Sollerl obligations h r under Any in( r ( rrtrust forwarded to the Iowa Association of REALTORS' Foundation chartable n- _ � �� fro �+t enl+( , lhe. State of Iowa (if required by lair), or as directed ana muwey agreed in wrifing by boiti Buyer and Seller Return of Earn o f Money. Earner( money submitted as part of 1ho purchaser [ a of the v o descrtbod property shall be returned to 1ho Buyer in case this agreement is not accepted Any other release of earnest mono shall require Informed wralteri consent of all parries to IN agr om nl , Closing lo take place on or beforethe 7-fA day of Z' mom-mm's — M 7,0 Possession to be gluon to Buyer at clowg or byam CIPM the day of .Buy r agrees to lake possession u j ( to rights of n n- o nicr occupants now rn possession 13YE Argy rents shall be prorated to date of closaig Guler afl exisling keys an(J garage door cc)(i lrul%. rio later than possession . 77 E: e F3 uer(s) qtr( ) Cop, rgh t 2015 Tile NoWivast few a Regional 13oora of Renitari Page 249 of 364 dotloop signature verification:dt1p.us/ywQb-rm4b-oLZO ProPcIrty Address lVt_ Pc o, ic..o- /o -7 c� .4 s Ct--TCKTHE APPR I )IIIAT C1 I C A 3 H lo I �.u r may h access to proper pur ha sod for a p r ii 1!5 di, h u o r. I h 1 agree Dent n0torrfin��ont upon Buyur oblalning funds SoIllomont fee, it any, shall be paid by 1he Buyer Lt Jecu eD<O13TAI N T IS I a mil nt or a 0 t% CONVENTIONAL VINSURED CONVENTIONAL FNA [IVA a o loan on sz Id i ofd t allMnr I �r �� � �r��� rod rate I'�ol Co excood p r annum El FRM OARM amortized over e penod of —3ia.-, Yoats All cOsts incurred In securing such MOrtodgO 6111All tori paid by Che Buyer unless oC ar ise noted in hwein to make �1 good Ic"th effOrt to acceptlince of this a fire a mn nt to immediately make a plI a t ion for such morigage loan wish a lender and obtain a mOfigage commilment and proceed loward closing above rovid d 13ur shall Obtain s UCh r'1�'t �� ars�ITw� 1 � R Lit on or befor I �1thtn ll�is same erre Buyer haft notifyU110;, 1r1 1i�Iin th;�1 — P 6uyor has -cur d -sal rna ago commilmnnt and that this conlingoncy is removed If Buyer, i1fl r a good tnilh effort l,f s not obl wined a wrillen morl9age commilniont and elven such written confingenCy removal nolice WGl1'lltl 1111n1ep t1n1e period, this agreemeni shall be null and void ana the earnest money shall be r turn d to Buyer C1 3 INSTALLMENTS, Checkif a li b0 4 bl o Sao aft int ad ADDENDUM ASSUMPTIONIASSIGNMENT. Check If licabl S. TAXES AND ASSESSMENTS. Soliu, stlall pay V0 V-0--�e ori ral ro r o f the installment of R aiOs on said PrOP rty which become delinquent and all prior n sail I i f rc, Jnr f r is Bayer shall pay all SubSequent installments If any installm enj of general property (a-xes is to be Prorated and if -such taxes not bo delowined by the d-ate of the settlement thereof, such prorating hall aniouihe ��t of 1�� lit deCirmir�;�bl� installment. � � � bad �� Proportionately nit I�r ��i� ��� bar any change in 1 he assessed valuation atinbulable I CaP1131 ImProonionts end l�ifr are olor'r�lr�ablo n � 1�+� d�C� �f �tlor� �r�C If �I���rl� lakes place o1her than the date on tho Purchase roe n 1. takes Shall be proralod to M e (evised date Of LtOS�ng , Buyer ll PaY IllOS( of all street oilings whicti are r1k assessment �� funs r� lhdal.0 hereofrkr I~1a11 paall Sewagedisposal and Il p11 sssments which are I yen s a g�'nst aid premiseson thedale throf � ept lhos for r�nP1+ov ��ler�ts which have not al completed and accepted� by the CIty CounciM on the date fhereol', w�iich Ouyer will pay 6. ' properly a of thedalc of 1h1 romert irlud�ng buildings. grounds and arfn� �����n�s � 11k � Prsoed by Seller in its prs �t condition until � s� s��n � � closing , further represents plumbing , whichiever occurs fit Seller heating, cooling. of clrlcal systems, and appliances rn ludcd in this fiPurcha� be in worl��r� order t t�� �Im �l` possession r~ � �r�e�� � �� closing, Whichever occurs first. unless othorw� e statod on allache Disclosure f Property Condition, 'riCln rnn d �lR�r menIs or ad0endums Co this Purchase Agreement or unless tithe I et ,n paragraph 8, a n d Buyer shl I permitted Co k -a 'walk Chro�1 h" in s � a t ed g . whichever u � �f� pt, �� 4� properly �r�or �� �os � s��� or I� �n verify the same . Seller agrees to remove all debris ani rson lr the pr m[s s pnor to possession o r . not included herein . from * INSPECTION FPROPERTY. The Buyer isIFesresponsible� for making their own inspection of any PfOPerty forhi themake an offer. eft is understood tI�a( these provisions o� � r� � r� Ir�d��� r�aC��� of � n l�r��� r requirement for finanoin approval.) witb in 7 daYS after In e final a � ���n ��. d�� �� �h� � ��� �r�tf �� er may. at Buyees polo expense, have tho properly onspecled by a s porsr� �..� � � of � & choice to identiry dntruclural , mechanical � of Cfi 1, pest infestation, n iron nC l concerns or 011j r def, . plumbing. ( ), Within this s,3penod . Buyer may notifySeller in wrMlrng of an such d �icir~+ �r the Buyer wants r�f� d� � Failure!� � pro to do so shWl be deemed waiver �l' Buyers �n In Ch ��� of �r� rest �� r s � � ��lt f inspections, Seller hs��ot��n SII within Chr��� � �� �r� s d after ;d robfc'ation (dr-ale of notification does rot courlt) noltfy gle Burr in writing which t , �� any. will t��o to ~ mod any deficiency writing before closing_ The Buyer shall wilhi � 1hr o (3) businoss days date f r tlfi #anon door not court) notit the Seller~ In agreement,lha� ( 1 ) such steps are acceplable, in which case, this. o Modified , shall be binding upon all parties . or (2) such steps aret crabf , in which e this areernerit fe ��ll b� � � � t �t nuill �n� ���� . �n� ars rest money shall be r lo �uor Failure. b �� �r� er Seller or Bu �� to ��� 1��� r�oti�icalron e business ��urn reader this a r oment null and void, and an oarnest mons suyor. bill B uor( ) OAK I MiT ( Inil i a 15) (Initials ) Pauof4 Cooqhr 2035 lrl%s NOW162$1 1 1 Rdg+ona18owd& of RaaiiofI Page 250 of 364 dotloop signature verification:dtlp.us/ywQb-rm4b-oLZO Pr,,PGrty Address Z 2 IMI - 8 * OTHER i 0 DiTJON M - RA5 SRL LM L IN TA 5 JU - ' fill T t PIC 03/16/21 Y ! 11 OS A DT Iwo- dodaopv �fied I S ts Ilk 4W 03 low (> ;AeV 1;2.XX 4 h 42OR dA i "4). I �t 'till LI W ......................... 37 RISK OF LOSS AND IN POssession . �N Seller shall bear [h risk �f l� pr r• r closing first, + ��� r agrees �o n1ain �f1 existinga� ur�r��� insurne _ f rr ��� �� rpt �� � �� r��k�� and Bur may Purchase dd i taor�al aniag or d truction pr-or toclosing , the E3 r closing a n d receive insurance �oshall have the ��t kin t� complete � cQ d r garala s or the extionIt of damagos or to declare thisagreement �r � r� sh��l be doerr�vd ubstar�tialldar�a r��l� and void . �� ��_ pndktion on or befre the closing 10, TITLE PAPERS AND ABSTRACT, At the Oill Of IhO finII Payment hereunder, the Seller shall cOnvey 1he premises to the Buyer by warranty deod- and shall furnish (he Buyer an abs[Fact of titlo hat with the recording of 1he proprietors . in the case Of platted r e a gin's premise, � di� err, r with r��� �f �+���, ��d �� t shows mark elable record title to the .; ve -sled in (he Seller as of the date of this agreement between the arlies her - W in a reasonable [,me aller the execution of this agreement, such abst(act. codified to a 0-1 ub lQu nt tO the dale hereof, shall11submitted Buyer for a aminat;or objectionshavo boon l, �Od Or rfdod for oairshall ha o no obligation tO Pa f r fUt1her r r Jlrne f)a�l either the Wile or pont Out sPecific ObjectionObjectionS After CJI validmade necessary by his own affarrs a� ' ing any 11 COURT APPROVAL If the P set of any estate, trust , consefvatorship . or receivership, hall Promptly proceed to a shall be subject 10 Courl approvaill, unless declared unnecessary b Bu oe adorns If . the Rr rfiduciary� r ra . Irthat event Offices Deed shah bo used to convey title. 12 SURVEY Buyer may, at Buyer's sole expense, prior to dosing, havo Lhe property surveyed Land Surveyor If the survey shows any enCroachment on (he property or if arly improvenlents title defect_ If the survoyis roqukrod ung r I o�va Codeher 354 , Sefler ���a � t � �� � r - r �{. (Chapter �A applies t dad which hbeen divided inbounds description g a Metes and Buy0f(s) Seller s) [ 4W (Inillitils) Page � of 4 opyfoghl 20 � 5 Pill Nota n e a s l loos R eg.on or Boafd U1 �q� .U,, t � Page 251 of 364 dotloop signature verification:dt1p.us/ywQb-rm4b-oLZ0 PropertyAddress 2., 2 4� S � � Ikot� ir 13 REMEDIES OF THE PARTIES , If Buyer car Seller falls to ornoly fulfill 1110 loran ot ibis agrearnent. thort tic 01mor P-arf hn11 be enl(flom t0 Wilize any rind SIM remedies or actions al law or in equily which may be lyalljtil to thom (including W not Itmitecl Io forfart re , f0roclosure , terTr n-, lion , recislon, or ac(fi nrt (man and tho pr0,131lJn / She furo)w be milled to obldill Judgrilent for Costs and attunie (cog 14 TfiI S 15 A LEGAL L BI N 0 11%4 G C ONTRACT Thii docii Ant contnine, Iho ontiro aroornont of the parties and suporsedms If �r�or ��� F �� r 1 I fon eats or repro-sonIations w i I h r sport to I ho p ro porty which aro not o x p res sl y sot fo(th h o roan Any odif i afion 0( 1h1s '-1jr e nient Must be irkriling Lind signed and Baled h all artie s TIME I F THE ESSENCE it, ai p rfor anon f � or h p rl of this a roarrront 11 not understood, mnsull your atiorno 15 FOREIGN PERSON STATICS . ( FIRPTA, Foroin Invostm nt In RoW Proparty Tnx Act. ) Seller is not a foreign person as defined in Inlernai Revenue Code Sochon 1445 and any refaled regulabons At closing , Buyer will have no duly to Coll&Ct withholdIng 1,3X0% for Sopor pursuant to Ino Forolgn Investors Roal Property Tax Act of 11380, as amended 116 ELECTRONIC SI f AT E . in accoidunco with Iowa Coda ch 5540, all partles agree that this transaction can be conducted by electronic moans, Stoned and faxndiscanned clecironic documents (i a pdo or certified electronic signatures wm bn binding on all pariles Tait messnginq and Ir-iditi nnf a-mmis w111 not be btirtding as signatures 17 NOTICE AND COUNTERPARTS. Any notico raquIred undor this a ruorvent shijIl be duuma i given when it is received in writing ottlior by hand doll or , fax. rel urn roc-opt ro costed mail. or clactronic ball Persons dost rated for receipt of any notrco for tho purposo of this agreomont shall ba tho Sonar and Buyer or Rhoir re po #eve a ont tgnod copy of this -roo onl . countorotf rs, and all addencitims or amendments to this a moment shall . Lakon twAlher. constflute a jingle binding agroomant, 18 ADDENDUMS ATTACHED TO THIS OFFER II Li DE: pop SE L L FR DISC LOSUHL QF PROP.L R rY QONDI T 10N YES ffKiNONOT APPLICABLE EAEMPT Cl LEAD J QISCLaWRL YES E NOD f4OT APPLICA13LE SEPTI m- ACSYES El N0 C1 NOT APPLICABLE 19 ACCEPTANCE DATE. When accepted by the Seller, this agreement shall be me a binding agreement for the Safe of the abovo doscribod property If this agreement is not accepted by the Srillur on or hof ro it shall become null and void and the earnest money Shall De relurnad to 1he buyer wig o M Mty on the part of either party. 0 SELLER HEREBY UACCEPTS 61 COUNTERS 1:1 REJECTS the above agreement on u If Seller has madca a counteroffer by changing and initialing any terms . the counteroffer shall ocorna nuP and void unless accepled and w ilr lod by Bayer on or before If Buyer his m4iticie a coca icroffor by changing and init4aling any teras , Gc—! Counlcroffor shati bocome null and void unless � ac opl id and inihale d by Soller on or before I -1 I— F F r B V Y L R 1 BUYER SEL--ER 1 ADDRESS ADDRESS %i� I; E7,S fw-4-c Lr � N -gR 0 K E FSA G E C 0 MPA IdA-" 1001/ 1C75 NA M E'O F L IS 1 N G Lf r-1I5C 13 ROKE. RA E CCMVAN FINAL ACCEPTANCE DATE: T hes foffn has Baan made atraJablo by Itte Norlho4sl lora Regional !loj(d of AFIALTORW Jnr Ura c nvamonco of its Drolem and (.noir c6onts ane customer .3N3 r~as tin 00PyTWJ1?1 ] by Noflbcasl J0VVd 1309,0rral 130.3rd of REALTORS *hKri maxos ria warranty of tiw itNj i urn irnnoss of N-1 form anti otdaims any Uab-1-ty kx darr aps #oso tram its v-�v By use at Lhds lofm the Pimos s agr to 1hi s Im nil.31ion and roiai so tho NcxtHojLLq41 lQwu Row-uqu do Board of RE LTOR&T Anil jo t1rokors .19OMs aro imm J)fly 14:00+111y CkJJ of II; U&0 7ltiis form shall not too reprod�xod in v6holio or kn par%, wpthouj 1ho prior rrrnmen coosent of ire N east kyw-k 1`149�ollar #hoard of RLALTURS � Page 4 014 opyfghi 20 15 The Nosiheasl a wo o 14 eg iwal Board o1 P onitom Page 252 of 364 dotloop signature verification:dtlp.us/ywQi=r�4�-� (ea by The Northeast Iowa Reg'Onal 130ard Of Realtors Oct 2015 ADDENDUM TO PURCHASE SE4 L L E R. City of Wa terloo BUYER: Jason I' lWITUY ADDR.ESS: 225 dew eU Sueet, Waterloo, 150703 LF- GAL I)F-S- CRIPTIOMsee PURCHASE AGREEMENT DATE D;03/15/2021 Seller Lo 4. 0 to buyer for apphances Inc fid re, microwave, range. d1shwasher, Closing. 1 dotloop verified 03/1621 11:08 AMsv�w GSYX-WVRX-68PK-FHNK-FHNQ B LJ Y E ICIAr SELLER BUYER SELLFR Page 253 of 364 CITY OF WATERLOO Council Communication Purchase of one(1)2022 mid-sized multi-passenger vehicle for the City Motor Pool. City Council Meeting:4/19/2021 Prepared:4/1/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Witham Auto Center Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motions to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming specifications, bid document, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of bid to Witham Auto Center of LaPorte City. Iowa in the amount of S 25,556. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Recommend Approval This mid-sized multi-passenger vehicle will be a replacement for a motor Summary Statement: pool vehicle that is being taken out of service for out of town travel. This vehicle will be used by city employees attending taring and/or out of town meetings. Expenditure Required: $35,000.00 Source of Funds: GO Bond Funding Strategy 3.4 and 3.5 - Identify and implement proven cost and resource Policy Issue: saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency to City operations and activities. Page 254 of 364 (1)Mid-sized multi-passenger vehicle for motor pool April 8, 2021 Bid Tab Estimate: $35,000 Bidder Bid Amount Dan Deery Motor Co., Inc. $26,767 2021 Voyager LX Cedar Falls, IA $29,301 2021 Voyager LXI Witham Auto Centers $25,556 2022 Transit Connect XL La Porte City, IA Page 255 of 364 CITY OF WATERLOO , IOWA SPECIFICATIONS COVERSHEET JC:N;t L One ( 1 ) 2-- & Mid - Sized Multi - Passenger Vehicle 1 . Specifications for Unit as attached . 2 . The City of Waterloo will have no trades as part of this purchase . 3 . The Unit as specified would be delivered , operational and ready for departmental use by J � �-'`� '� .�- C3 �Z.'� ( Date) on ENE � � 2 Z Our cost for the attached specified , 2424 Mid-Sized Multi - Passenger Vehicle , delivered and ready f or department use is : ,r c� �• . *mop; � ( Dollars ) In PC -drr , Z- 7eoT eL) LK i 'l Company Sigh re Date 7 LA P1n0qftk � � n� -PPLI Address City State Z i bode Print Name NOTE : This form must be returned , as the first page of your bled document ! CITY OF WATERLOO Council Communication FY 2021 Waste Water Treatment Plant and Lift Stations Mowing Contract. City Council Meeting:4/19/2021 Prepared:4/5/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation 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 confirming approval of plans, specifications, form of contract etc., and authorizing to proceed. SUBJECT: Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to Wilson Custom Tree of Cresco, Iowa, at an estimated yearly cost of$31,410, and approving the contact, bond and certificate of insurance in conjunction with the FY 2021 Waste Water Treatment Plant Lift Stations Mowing Contact, and authorizing the Mayor to execute said documents. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Page 257 of 364 2021 Wastewater Treatment Plant & Lift Station Mowing, Contract April 8, 2021 Bid Tab Estimate: $36,706.00 Bidder Bid Security Bid Amount Option A:$975/$3,900 B&B Lawn Care, Inc. ° Option B:$200/$1,600 Waterloo, IA 5�0 Option C:$300/$1,600 Option D:$1,800 Option A:$900/$2,600 Wilson Custom Tree ° Option B:$330/$800 Cresco, IA 5�0 Option C:$400/$850 Option D:$950 Page 258 of 364 CITY OF WATERLOO Council Communication Park Avenue Bicycle Signal Project. City Council Meeting:4/19/2021 Prepared:4/5/2021 Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Bids to be opened by Iowa Department of Transportation. Submitted by: Submitted By:Mohammad Elahi, Traffic Engineer Recommended Action: Hold Public Hearing. Summary Statement: Park Avenue Bicycle project will install bicycle signal heads on Park Avenue. The project is being let by the Iowa Department of Transportation. Expenditure Required: $132,000 Source of Funds: 80% Federal Grant 20% Bond Policy Issue: Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. Alternative: N/A Park Avenue is a major link between Waterloo Trails in the south and in the Legal Descriptions: north. Bicycle lanes already exist on Park Avenue. This project attempts to add to the safety of bicycling by providing bicycle signals. Page 259 of 364 CITY OF WATERLOO Council Communication Downtown Traffic Camera and Fiber Optic Project, Iowa DOT Grant Project No. STBG-SWAP-8155(769). City Council Meeting:4/19/2021 Prepared:4/5/2021 Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Bids to be opened by Iowa Department of Transportation. Submitted by: Submitted By:Mohammad Elahi, Traffic Engineer Recommended Action: Hold Hearing. Summary Statement: This project connects downtown traffic signals by fiber optic cable and installs traffic monitoring cameras to monitor and record traffic. Expenditure Required: $572,000 Source of Funds: Grant Funds up to $496,000 GO Bond Funds beyond grant funds Policy Issue: Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community Alternative: N/A Background Information: This project completed part of fiber optic and camera Master Plan. Page 260 of 364 CITY OF WATERLOO Council Communication Resolution approving a request by Steve Troskey, on behalf of CGA Consultants, for appoval of the final plat of Gardner Addition, a 2-lot residential subdivision located north and east of 603 S. Hackett Road, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material Resolution approving a request by Steve Troskey on behalf of CGA SUBJECT: Consultants, for appoval of the final plat of Gardner Addition, a 2-lot residential subdivision located north and east of 603 S. Hackett Road, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Final Plat request at their regular meeting on December 1, 2020. Therefore, staff recommends that the request for the final plat of Gardner Addition be approved for the following reasons: Recommended Action: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request will create new infill lots in a developed part of the city. Transmitted herewith is a request by Steve Troskey on behalf of CGA Consultants for the final plat of Gardner Addition, a 2-lot residential subdivision located north and east of 603 S. Hackett Road.. Included are the following: Summary Statement: • Staff report • Overview Map • Final Plat • Deed of Dedication • Certificate of Survey • Report of City Engineer Expenditure Required: None Page 261 of 364 Source of Funds: N/A The applicant is requesting to plat the property in question to create a 2-lot residential subdivision, intended for duplex development. The request would not appear to have a negative impact on the surrounding neighborhood or land use as there is compatible residential development surrounding the property. The proposed final plat would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Hackett Road which is a local street and connects with Maynard Avenue which is a local street and Greenhill Road which is a Principal Arterial. The Cedar Prairie Trail is located on the east side of the property along Greenhill Road. There is a sidewalk on the north side of Maynard Avenue but no sidewalks on South Hackett Road. As part of the approval of the plat, a sidewalk would be required along South Hackett Road, and the proposed street, Bergen Drive. The area in question has been zoned "R-2"One and Two Family Residence District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North— Residential zoned"R-2" One and Two Family Residence District. South—Vacant Land, residential and Black Hawk County YMCA zoned "R-2, C-Z"One and Two Family Residence Conditional Zoning District, "R-4"Multiple Residence District, "R-4, C-Z"Multiple Residence Conditional Zoning District, and"C-2" Commercial District. East— Greenhill Road,Ascension Lutheran Church, and Residential zoned "R-2" One and Two Family Residence District. West— Hackett Road and Residential zoned"R-1" One and Two Family Residence District. The surrounding area consists of single family residential built between 1941 and 1979, Salvation Army Woman's Emergency Facility built in 1996, and YMCA building built in 1982. No buffers would be required as a part of this plat request. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. No portion of the property is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Background Information: Number 190025 0169F, dated July 18, 2011. Fred Becker Elementary School is located 0.80 miles to the southeast, Central Middle School is located 0.823 miles to the south and West High School is located 3.28 miles to the southwest. Valley View Park is located at the northeast corner of Maynard Avenue and Greenhill Road. There are 8" sanitary sewer Lines located in both South Hackett Road and Maynard Avenue. There is a 15" storm sewer in South Hackett Road and drain tiles in South Hackett Road and Greehill Road. The Future Land Use Map designates this area as Low Density Residential. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. Gardener Addition is a 2-lot residential subdivision with Lot 1 being 1.35 acres and Lot 2 being 1.71 acres. Tract"A"is 0.88 acres and designated for Page 262 of 364 Bergen Drive, Tract"B", "C", and"D"are .0.23 acres, 0.15 acres, and 0.30 acres respectively and are reserved for storm water management. There is no changes from the originally adopted Preliminary Plat. This plat was originally referred to as Shirk Addition however a conflict with an existing plat was discovered and thus the name was changed to Gardner Addition. Because multiple one and two family homes will be put on a single lot in the "R-2"One and Two Family Residence District a Special Permit will be required. The final plat includes the following items: 1) Legal Description 2) Property Lines — Dimensions 3) Building Lines— Dimensions 4)Date 5)Adjoining Subdivisions 6) Engineer's Certificate of Survey 7) Easements 8)Right-of- way widths and 9)Proper Line Sequence. A Deed of Dedication will need to be submitted. Therefore, staff recommends that the Final Plat for Gardner Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. LEGAL DESCRIPTION THAT PART OF LOTS 27 AND 28,AUDITOR'S WHITNEY ROAD PLAT IN SECTION 21, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 27, AUDITOR'S WHITNEY ROAD PLAT; THENCE NORTH 89°55'58" WEST, 282.07 FEET ALONG THE SOUTH LINE OF SAID LOT 27; THENCE N89°11'03"W, 9.76' CONTINUING ALONG SAID SOUTH LINE; THENCE NORTH 0°11'40" WEST, 220.87 FEET TO A POINT ON THE SOUTH LINE OF LOT 28,AUDITOR'S WHITNEY ROAD PLAT; THENCE NORTH 89054'31" WEST, 179.86 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST RIGHT- Legal Descriptions: OF-WAY LINE OF SOUTH HACKETT ROAD; THENCE NORTH 0005'40" WEST, 278.92 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MAYNARD AVENUE; THENCE SOUTH 89059'53" EAST, 478.70 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GREENHILL ROAD; THENCE SOUTH 4051'27" EAST, 280.47 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE NORTH 89056'08" WEST, 30.00 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE Page 263 of 364 NORTHEAST CORNER OF SAID LOT 27; THENCE SOUTH 0°0700" EAST, 221.09 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE,ALSO BEING THE EAST LINE OF SAID LOT 27, TO THE POINT OF BEGINNING, CONTAINING 4.62 ACRES MORE OR LESS. Page 264 of 364 December 1,2020 REQUEST: Request by Steve Troskey on behalf of CGA Consultants for the final plat of Gardner Addition, a 2-lot residential subdivision located north and east of 603 S. Hackett Road. APPLICANT: Steve Troskey CGA Consultants, 16 E Main Street, Marshalltown, IA 50158 GENERAL The applicant is requesting to plat the property in question to DESCRIPTION: create a 2-lot residential subdivision, intended for duplex development. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as there is compatible SURROUNDING residential development surrounding the property. LAND USE: VEHICULAR & The proposed final plat would not appear to have a negative impact PEDESTRIAN upon vehicular or pedestrian traffic conditions in the area. The site TRAFFIC is served by Hackett Road which is a local street and connects with CONDITIONS: Maynard Avenue which is a local street and Greenhill Road which is a Principal Arterial. RELATIONSHIP TO The Cedar Prairie Trail is located on the east side of the property RECREATIONAL along Greenhill Road. TRAIL PLAN AND There is a sidewalk on the north side of Maynard Avenue but no COMPLETE STREETS sidewalks on South Hackett Road. As part of the approval of the POLICY: plat, a sidewalk would be required along South Hackett Road, and the proposed street, Bergen Drive. ZONING HISTORY The area in question has been zoned "R-2" One and Two Family FOR SITE AND Residence District since the adoption of the zoning ordinance in IMMEDIATE VICINITY: 1969. Surrounding land uses and their zoning designations are as follows- North ollows:North — Residential zoned "R-2" One and Two Family Residence District. South — Vacant Land, residential and Black Hawk County YMCA zoned "R-2, C-Z" One and Two Family Residence Conditional Zoning District, "R-4" Multiple Residence District, "R-4, C-Z" Multiple Residence Conditional Zoning District, and "C-2" Commercial District. East — Greenhill Road, Ascension Lutheran Church, and Residential zoned "R-2" One and Two Family Residence District. West— Hackett Road and Residential zoned "R-1" One and Two Family Residence District. DEVELOPMENT The surrounding area consists of single family residential built HISTORY: between 1941 and 1979, Salvation Army Woman's Emergency Facility built in 1996, and YMCA building built in 1982. North and East of 603 South Hackett Road—Final Plat Pdg@f 2616 of 364 December 1,2020 BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: DRAINAGE: The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. 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 0169F, dated July 18, 2011. PUBLIC /OPEN Fred Becker Elementary School is located 0.80 miles to the SPACES/ SCHOOLS: southeast, Central Middle School is located 0.823 miles to the south and West High School is located 3.28 miles to the southwest. Valley View Park is located at the northeast corner of Maynard Avenue and Greenhill Road. UTILITIES: WATER, There are 8" sanitary sewer Lines located in both South Hackett SANITARY SEWER, Road and Maynard Avenue. There is a 15" storm sewer in South STORM SEWER, ETC: Hackett Road and drain tiles in South Hackett Road and Greehill Road. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential. The proposed plat conforms to the Future Land Use LAND USE PLAN: Map and Comprehensive Plan. STAFF ANALYSIS — Gardener Addition is a 2-lot residential subdivision with Lot 1 being ZONING 1.35 acres and Lot 2 being 1.71 acres. Tract "A" is 0.88 acres and ORDINANCE: designated for Bergen Drive, Tract "B", "C", and "D" are .0.23 acres, 0.15 acres, and 0.30 acres respectively and are reserved for storm water management. There is no changes from the originally adopted Preliminary Plat. This plat was originally referred to as Shirk Addition however a conflict with an existing plat was discovered and thus the name was changed to Gardner Addition. Because multiple one and two family homes will be put on a single lot in the "R-2" One and Two Family Residence District a Special Permit will be required. STAFF ANALYSIS — The final plat includes the following items: 1) Legal Description 2) SUBDIVISION Property Lines — Dimensions 3) Building Lines — Dimensions 4) ORDINANCE: Date 5)Adjoining Subdivisions 6) Engineer's Certificate of Survey 7) Easements 8) Right-of-way widths and 9) Proper Line Sequence. A Deed of Dedication will need to be submitted. North and East of 603 South Hackett Road—Final Plat Pdg@f 2616 of 364 December 1,2020 STAFF Therefore, staff recommends that the Final Plat for Gardner RECOMMENDATION: Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. North and East of 603 South Hackett Road—Final Plat Pdg@P261P of 364 City of Waterloo Planning, Programming and Zoning Commission December 1, 2020 R-1 BuRID �GREENWOODq�E•-� Ce a Bayou G �o DR i p0 z- 0 ¢ G BLVD OOo E AV 0 Z o o ���\���ocPF� A-1 oNo J o0 Y �� my �Q11 >> rc wVl w F ¢ x RAINBOW Y Q \ Im �= z Z pp.9L DR ❑ z DESOTO ¢ w i O��m 1z ❑ v Pp z CARDINAL DR I ° U o F'k f x z_ m F w❑ > 0 Y 9 CA LE ST CASTLE ST m = Unna med R-1z R [�2 D18 y z /�e DRYNAN LAMBETH AKCREST w O _ K MAYFAIR O ❑ W � m ST LL J 0 YGMOLL' LOMA pG� OAK D HARRRpOW U' RD IPLEASAN j I� 3� 1 ° M-1 Q� 2 - VALLEY❑P(�" K �-J ``e� GP CIR a, AD CT' DR* x �ry W L \ ONA WEMBLEY RD LL EPPING O CT• y SqN� p,�.�-EY �� } LL JOYDR ~ C, w z A ?�� IIQIELD IRENE CT a r v m w 0 v OL ACORN LN �pG MAXINE MAXINE N oq !n N AVE JP AVE R-1 W R-2 N 0 E w w w j Q MAYNARD AVE C_P, R-P z �� =o w R-2-,C N 3 o a = W 0 UPTON AVE N o y K J 8 z UNIVERSI R=4. 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Hacket Road W .E Final Plat s Steve Troskey 1,000 500 0 1,000 Feet Page 268 of 364 City of Waterloo Planning, Programming and Zoning Commission December 1, 2020 �- 10 Q z Ow IN MT z�2 = MAYNARD MAYNARD AVE MAYNARD AVE rte- AVE ti w Y U �I Y1' 7J m ZIP 603 South Hackett Avenue y � . Properties requesting final plat m` z . a 2 0 0 �. r {_ RF r r ._.... rrr r N North and East of 603 S. Hackett W*E Road s Final Plat • Steve Troskey Page 269 of 364 FINAL PLAT ADDIrl10N 1 GARDNER WATERLOO , IOWA z m z O ST J ---------------- o � O RD 0 0 m hi S MAYFAIR z ? O GTO } AKCREST 4 � RgINE ti ST OW ST HARROW RD O w R O PPj 0 0 ~ RD Z EP NG �� PAF EMBLEY RD¢ PL OV�<<FY NT ✓O FIELD V :I: R O- O� w y Wj PROJECT ST w IRENE CT 00 MAX/NF N v MAXI E :5o ° LOCATION Z ASE 21 N N ASE MAYNARD AVE z v o z z � MAYN F z O o J w of o m a U Q = = a = UPTON m ¢ = AVE a v = v J tH z N COACHMAN > SDY LN BAUCH ST o N UNIVERSITY FRONTgGE RD o m STRATFORD Q �gRRi � o7 FRO F O0 m NTgGE RD BISMA RK AVE q�F °R 0 � O ~ _ z z = O�S O FLOWER FRONT = � O� ST Ge F R° FALLS O RST �lqe C'RVi�G q�F qR Q GREENHILL RD q�F z v LEGAL DESCRIPTION SF J -- Fq Q AVE Y SAGER AVE O 7 m THAT PART OF LOTS 27 AND 28, AUDITOR'S WHITNEY ROAD PLAT IN SECTION 21 , TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED VICINITY MAP AS FOLLOWS: NOT TO SCALE BEGINNING AT THE SOUTHEAST CORNER OF LOT 27, AUDITOR'S WHITNEY ROAD PLAT; THENCE NORTH 89°55'58" WEST, 282.07 FEET ALONG THE SOUTH LINE OF SAID LOT 27; THENCE N89011'03"W 9.76' CONTINUING ALONG SAID SOUTH LINE; THENCE NORTH 011'40" WEST, 220.87 FEET TO A POINT ON THE SOUTH LINE OF LOT 28, AUDITOR'S WHITNEY ROAD PLAT; THENCE NORTH 89°54'31" WEST, 179.86 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH HACKETT ROAD; THENCE NORTH 0005'40" WEST, 278.92 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MAYNARD AVENUE; THENCE SOUTH 89°59'53" EAST, 478.70 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GREENHILL ROAD; THENCE SOUTH 4051'27" EAST, 280.47 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE NORTH 89°56'08" WEST, 30.00 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF SAID LOT 27; THENCE SOUTH 000700" EAST, 221 .09 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, ALSO BEING THE EAST LINE OF SAID LOT 27, TO THE POINT OF BEGINNING, CONTAINING 4.62 ACRES MORE OR LESS. SHEET INDEX SURVEYOR SHEET 1 COVER SHEET SURVEY LEGEND SHEET 2 FINAL PLAT . GOVERNMENT CORNER MONUMENT FOUND TRAVIS R. STEWART, P.L.S. o GOVERNMENT CORNER MONUMENT SET Q CLAPSADDLE-GARBER ASSOCIATES 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #17162 _ P.O. BOX 754 - 16 E. MAIN STREET OWNER/DEVELOPER 0 MARSHALLTOWN, IOWA 50158 GBS DEVELOPMENT, LLC ® PARCEL OR LOT CORNER MONUMENT FOUND (641)752-6701 4426 WYNNEWOOD DR. o SET 1/2" x 30" REBAR w/ORANGE PLASTIC T CEDAR FALLS, IA 50613 ID CAP #17162 ZONING INFORMATION: FLOODPLAIN: ( ) RECORDED AS CURRENT: R-2 (ONE & TWO FAMILY RESIDENCE) LIMITS OF ZONE X SHOWN PER NFIP FIRM MAP I hereby certify that this land surveying document was prepared CM S R Sr__- and the related survey work was performed by me or under NUMBER 19013C0169F AND 19013C0166F __ J� :`CEIV_ F my direct personal supervision and that I am a duly Licensed EFFECTIVE JULY 18, 2011. �P "`�.� SFO E9� Professional Land Surveyor under the laws of the State of Iowa. ro' CLOSURE: NOTE: - ALL SUBDIVISION BOUNDARIES ARE WITHIN THE 1 :10,000 17162ir Travis R. Stewart, PLS date ti ERROR OF CLOSURE REQUIREMENT ALL BEARINGS ARE THE RESULT OF G.P.S. -33 p OBSERVATIONS USING NAD83 (2011)/IOWA RCS oT : Iowa License Number 17162 ALL LOTS ARE WITHIN THE 1 :5000 ERROR OF CLOSURE J My License Renewal Date is December 31, 2021 E ZONE 5 (WATERLOO) Fs /OWA Q' REQUIREMENT. s/°Nay LANo 5J Pages or sheets covered by this seal: ALL SHEETS IN INDEX i a NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates,Tnc DESIGNED: KHM DATE: 05-14-2020 PROJECT NO. GARDNER ADDITION DRAWN: SJC DATE: 11-16-20205787 CHECKED: TRS DATE: 11-16-2020 FINAL PLAT SHEET N0. Toll Free(800)542-7981 WATERLOO IOWA ti g APPROVED: DATE: 1 OF 2 www.cgaconsultants.com Page 270 of 364 FINAL PLAT GARDNER ADDITION W AITERLOO , IOWA PART OF LOT 29 PART OF LOT 29 CO AUDITOR'S WHITNEY AUDITOR'S WHITNEY ROAD HICKORY COURT ADDITION ROAD PLAT PLAT FILE NO. CLD 647399 2019-12486 LOT 13 LOT 14 LOT 15 TRACT A SOUTH R.O.W. LINE MAYNARD AVENUE MA YNA R D AVENUE FOUND%" IRON PIN WITH (60' R.0.W.) FOUND%" IRON PIN YELLOW PLASTIC CAP -------------S89°59'53"E (S89°53'35"E)-------------------------- 478.70' (478.37') ----------------------------------------------------------- --------------------------------------------------------------------- -- ---------------9 ----------------- ------------------------------------------------ .35 \, ----273.20'-------------- .� 20'STORM DRAINAGE EASEMENT/BUILDING SETBACK LOT 28 TRACT "6" b 9\1 AUDITOR'S WHITNEY ROAD PLAT \ ti��� TRACT "C" STORM WATER 0) � r� sQ 9 0 STORM WATER co MANAGEMENT o o LOT 1 0 �o, Z PARCEL "A" r MANAGEMENT AREA li CLD 636021 sFT AREA EAST R.O.W. LINE ! �r ' 21 BUILDING SETBACK SOUTH HACKET ROAD 10'PUE(TYP.) i�AJ 90.00' "" - 196.55' J). I W M E, o '1 S89054'31"E"""" ---------------S89°54'31"E---------------------------- `\\ 90. 6-1 jQ o, o o Q' C/IN o N. o TRACT "All \80 56'o 'FLO � ,1 �c� q BERGEN DRIVE �ti\�ti � � oo co o N v j ------------------------------- o -------------------------- a \�zo \ \ �I oo r LO N N89 54 31 W--- O sr r' co c� 0 z ------------ 286.36'286.36' --------------------------- 0- '7,.>. 'Qv<`vcP�O`����� Cn WESTERLY R.O.W. LINE Q�o oj� � I, N - - - - - - - - - - - - - - - - o °'' I mI GREENHILL ROAD ' o I 10'P U E(TYP.) I Lu I Lu 21'BUILDING SETBACK I 1 I LOT 1 w co uj Lu w I (D w U > Q t ^� n 0 IIO z w I N L rT O Q c/3 i I 0 i ^� 0 fm I O CD LOT 2 11, 0 CD 'i Cf) CD �--� w Cy cy� i1 cmN N N L 4 56239 63, I i L� 20'STORM DRAINAGE EASEMENT/BUILDING SETBACK C� � 4 �� <.38�33 4�4" F — W 10'BUILDING SETBACK o, 0. 179.86' (179.87) A� coo -- 179.86' (179.87') -- �'°9 Oma, 62.27 , N89054'31 W(S89-25'30"E) -"" ; N89 5431 W � 30.00 1' � FOUND%" IRON PIN FOUND 4" PINCHED PIPE `N89°56'08"V�%- WITH YELLOW PLASTIC (Ns9°54'oo"w) CAP NO. 3662 j oM N o I NE COR., LOT 27 N m I I 00) 0 0`0 O FOUND%" IRON PIN q wz co ,� (0/ It r v g a ZD 61 Lu LO PART OF LOT 27 z 9` ''`a �` " w Q � n LL, 6 V AUDITOR'S WHITNEY ^ Co Q \ °" / p Qo CL ROAD PLAT Lu \ _ ,� W o FEE BOOK #2006 8478CD Q U C111)� oCZ) CR Q � W owo No N O J�Bi�i'\4S 88 O N T o o LOT 2 �oiN sF — z N o N z `�' G TBq�K 2 Q � NOTE: �', No j t90 j wj i SIDEWALKS ADJACENT TO TRACTS "B" AND "D" LOT 27 EXCEPT WESTERLY 210 FT POINT OF BEGINNING SHALL BE CONSTRUCTED WITH THE STREET 11 It AUDITOR'S WHITNEY ROAD PLAT SE COR., LOT 27 CONSTRUCTION. Cm N CLD 645148 FOUND%" IRON PIN FOUND 4" PINCHED PIPE i WITH ILLEGIBLE YELLOW LOT AREA SUMMARY m' WITH YELLOW PLASTIC L 20'STORM DRAINAGE EASEMENT/BUILDING SETBACK I PLASTIC CAP LOT 1 = 135 ACRES CAP NO. 3662 ,i = LOT 2 1.71 ACRES ------ -----------------------239.65-------------------------------------- -- 42.42' ,_, TRACT "A" = 0.88 ACRES RIGHT-OF-WAY co rl- ------------- ---------- -- 282.07' (282.13) LO 73TRACT "B" = 0.23 ACRES STORM WATER MANAGEMENT 9.76' - - N89°55'58"W(S89°31'18"E)----------- TRACT "C" = 0.15 ACRES STORM WATER MANAGEMENT o UNPLATTED Tv89°11'oa"u� FOUND 4" PINCHED PIPE UNPLATTED TRACT "D" = 0.30 ACRES STORM WATER MANAGEMENT DOC NO. 2003 037409 (S88°57'54"E) LD 541887 I NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates,Inc DESIGNED: KHM DATE: 05-14-2020 PROJECT NO. GRAPHIC SCALE -� GARDNER ADDITION DRAWN: SJC DATE: 11-16-2020 FINAL PLAT 5787 0 40' 80' 120' Toll Free(800)542-7981 CHECKED: TRS DATE: 11-16-2020 WATERLOO IOWA SHEET N0. www.cgaconsultants.com APPROVED: DATE: 7 2 OF 2 Page 271 of 364 DEED OF DEDICATION OF GARDNER ADDITION CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That GBS Development, LLC ("Owner" and"Developer"), an Iowa limited liability company, being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Travis R. Stewart, a Professional Licensed Land Surveyor, dated 25th day of March, 2021, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa the same to be known as: GARDNER ADDITION City of Waterloo, Black Hawk County, Iowa,hereinafter"Development," all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the street(s) as shown upon the attached plat. DEDICATION OF STREETS AND EASEMENTS The Owner hereby conveys to the City of Waterloo, Iowa, for public use the street shown as Tract A on the attached plat. Said street will be constructed at a 28 foot width with a 91 foot diameter cul-de-sac. The Owner hereby grants and conveys to the City Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, gas, electricity, communication service or cable television,perpetual easements for the construction, erection, laying,building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat. RESTRICTIONS Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the residential lots and condominiums in said Development be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in all particulars hereinafter stated, to-wit: Page 1 Page 272 of 364 1. Development shall consist of twenty-two (22) condominiums located on two (2) lots and shall be in accordance with the R-P Zoning classification set forth in the Waterloo Zoning Ordinance. 2. No structure, building, fence, or other object, including landscaping, may be built, placed, or located on the exterior of any Lot unless written approval is first received from the Association, as later defined. No replacement, maintenance, repair and remodeling, or restoration after damage or destruction, may use siding, roofing or other exterior components, of a different design, material or color scheme,unless written approval is first received from the Association. 3. No detached accessory structures or buildings shall be permitted. 4. All private drives, private parking areas, and entryways located on the lots shall be maintained by the condominium owners. 5. No swing sets or basketball hoops shall be allowed. 6. Any patio shall not be larger than 12' x 12'. 7. Each condominium shall be subject to a Declaration of Submission of Horizontal Property Regime for Gardner Addition. The homeowner's association created thereunder shall be responsible for the maintenance of Tracts B, C, &D. 8. All buildings erected on said Lots shall be constructed in accordance with the building, plumbing, and electrical Codes of the City of Waterloo, Iowa. 9. Any condominium that is erected on said Lots shall have a minimum setback as shown upon the attached plat. These setbacks shall apply to the main building structure, as well as any attached decks, porches, or sunrooms. In addition, no dwelling or other structure of any kind shall be placed in drainage easement areas, as the same are shown on the attached plat. Any and all drainage easements will be required to follow the "Stormwater Management Plan" and no building, fence structures, landscaping structures, private gardens or any other possible obstruction can be built in and over said drainage easements. Said condominium owners and/or contractors working on said Lots will be responsible to maintain said easements to be free and clear of any physical obstruction(s), thus allowing the conveyance of overland storm water runoff as intended per"Stormwater Management Plan" on record with the City of Waterloo Engineer's Office. 10. No trailer, basement, tent, shack, garage, or shed erected in said Development shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary nature be permitted on any Lot. Page 2 Page 273 of 364 11. The owner of each condominium, vacant or improved, shall keep said lot free of weeds and debris. 12. No condominium shall be used as a place of business, except an in-home office, daycare, or community center as permitted by the City of Waterloo Zoning Ordinance. Permanent business signs of any kind will not be allowed in the Development. Developer reserves the right to rent, lease, or occupy a condominium for purposes of a sales office until said condominium is sold. 13. No obvious or offensive trade or activity shall be carried on upon any Lot or any condominium, nor shall anything be done thereon which may be or become an annoyance or nuisance to the Development. 14. Occupancy of any condominium in the Development will not be allowed until the exterior and interior are substantially complete and an occupancy permit has been issued by the City of Waterloo. 15. All approaches and driveways in the Development shall be concrete. 16. No trailers, campers, boats, trucks, buses, RVs, semi-tractors, or garden tractors will be allowed to be parked outside a dwelling or on the street for a period exceeding 48 hours. After said time, such vehicles must be removed from the Development or completely stored within the garage of the condominium. 17. No radio wave producing equipment shall be used that interferes with other property owners. All TV, radio or other antennas, towers, and dishes must be installed and enclosed in an attic or garage, except that satellite dishes no larger than 24" in diameter will be allowed,but must not be visible from the street. 18. All electrical transmission lines and service entrances, all telephone lines and services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of whatever kind or nature, shall be installed underground on all Lots and condominiums. 19. No animals, livestock, or poultry of any kind shall be kept on any condominiums, except that dogs, cats, or other household pets may be kept, not exceeding two in number, provided they are not kept for commercial purposes. No pets of any kind will be allowed in any fenced-in areas of the Development green space not owned by individual condominium owners. Pets are not to be left outside and must be cleaned up after promptly. Obnoxious animals must be removed. No outdoor dog runs are allowed. Page 3 Page 274 of 364 20. Any footing drain tiles or sump pump systems installed in conjunction with the construction of a condominium shall be connected to sub-drain tile and shall not be expelled into any sanitary sewer system, onto the street or surface of the property. 21. The tracts shall be used as follows: A. Tract A is hereby dedicated to the City of Waterloo, Iowa for public use as a street B. Tracts B, C, and D shall be conveyed to the Gardner Addition Homeowner's Association for stormwater management. 22. The undersigned and all persons and entities hereafter acquiring any right, title, or interest in any of the condominiums in said Development shall be taken and held to have agreed and covenanted with the owners of all other condominiums in this Development and with the respective successors and assigns of all of the rest of such other condominiums to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the construction of building thereon, for a period of 21 years from the date of filing of said plat, and this deed of dedication for record. Within the period of 21 years and in accordance with Iowa Code § 614.24 and § 614.25 or their successor provisions, these covenants, restrictions, and stipulations may be extended for an additional period of 21 years upon compliance with § 614.24 and § 614.25 of the Code of Iowa. In the event an extension of the covenants, restrictions, and stipulations is not filed within the period of 21 years or successive 21-year periods, then the covenants, restrictions, and stipulations contained herein shall terminate at the end of the existing period of 21 years. 23. Invalidation of any of these covenants by judgment, decree, or court order, shall in no way affect any of the other provisions of this dedication and such other provisions shall remain in full force and effect. 24. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions here, it shall be lawful for any other person owning property in said addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions, and for the purpose of preventing such acts or recovering damages for such violations or both, and for costs and reasonable attorney fees as determined by the court. 25. In an effort to minimize damage to adjacent properties and down stream water drainage systems, each owner is required to comply with Association requirements in regard to construction yard waste and storm water runoff. Page 4 Page 275 of 364 PUBLIC IMPROVEMENTS REQUIRED IN PLAT 1. Developer agrees: A. The undersigned shall provide sanitary sewers for each condominium, together with all necessary manholes and sewer service line, to all condominiums in the Development. B. The underground utilities as required by the City of Waterloo Subdivision Ordinance, or as agreed upon with the City of Waterloo, shall be installed. C. That City water will be provided for each condominium as required by the Waterloo Water Works. D. The municipal fire hydrants will be provided as required by the Waterloo Water Works and the Waterloo Fire Department. E. That storm sewer will be provided, along with subdrain tile along paving, as required by the City Engineer. F. The Developer or its successors will install a 4-four foot wide Portland Cement Concrete sidewalk with a minimum thickness of four inches (minimum thickness of five inches through driveways) across the full length of all street frontages of the lot, and extend to match the end of existing sidewalk(s) on adjoining lots where sidewalk exists. Said sidewalk shall also be required to be constructed across all street frontages of two (2) or more adjoining lots, or portions thereof, when any owner has acquired said two (2) or more adjoining lots, or portions thereof, upon construction upon one (1) or more lots, or portions thereof, all as required by the City of Waterloo, Iowa. The sidewalk shall be constructed during or immediately after the construction of a residential dwelling on a lot, or portions of lots as previously described, in the Addition/Subdivision,but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or only sidewalk construction for any vacant lots remaining for five (5) years after the date of final approval of the plat, as soon as the construction season permits. Construction of handicap access ramps at the intersections shall be the responsibility of the developer or adjacent property owner, and as required by the City of Waterloo, Iowa. G. That the work and improvements called for herein shall be in accordance with City specifications under the supervision of an Iowa licensed civil engineer. In the event that the undersigned, its grantees and assigns fail to complete work and improvements called for herein within one year from the date of the acceptance of said final plat by the City of Waterloo, Iowa, except as provided in Paragraph G, the City may then make the improvements and assess the costs of the same to the respective lots, and the undersigned agree that said assessments so levied shall be a lien on the respective lots with the same force and effect as though all legal provisions pertaining to the levy of such special assessment shave been observed, and further authorize the City Clerk to certify such assessments to the County Auditor as assessments to be paid in Page 5 Page 276 of 364 installments as provided by law. The owners, for themselves, their successors, grantees and assigns, waive all statutory requirements of notice of time and place of hearing and waive all statutory protections and limitations as to cost and assessments and agree that the City may install said improvements and assess the total costs thereof against the lots. H. Developer shall construct and install all required public improvements within the subdivision plat, to conform with approved construction plans which meet the specifications of the City of Waterloo, Iowa. Such required public improvements shall meet the following requirements: i. Shall be constructed and installed in a good and workmanlike manner; ii. Shall be free of defects in workmanship or materials. iii. Shall be free of any conditions that could result in structural or other failure of said improvements; iv. Shall be constructed and installed in accordance with the design standards and technical standards established for such public improvements by the City and by Waterloo Utilities; V. Shall be constructed and installed in strict compliance with the minimum acceptable specifications for the construction of public improvements set forth in the Waterloo Code of Ordinances, including without limitation, Chapter 24, Subdivisions, and as such specifications shall be recommended for approval by the City Engineer from time to time, and approved by the city council. The Developer's construction plans are now on file in the Office of the City Engineer. SIGNED and DATED this day of , 2021. GBS Development, LLC Phillip Shirk, Manager Page 6 Page 277 of 364 STATE OF IOWA, BLACK HAWK COUNTY: ss This record was acknowledged before me on this day of , 2021, by Phillip Shirk, Manager of GBS Development, LLC. Notary Public in and for the State of Iowa Page 7 Page 278 of 364 CERTIFICATE OF SURVEY I, Travis R. Stewart, a duly Licensed Land Surveyor in the State of Iowa, do hereby certify that I have made a survey of property to be known as: "Gardner Addition" Section 21-T89N-R13W, Waterloo, Black Hawk County, Iowa SAID PROPERTY IS LEGALLY DESCRIBED AS: THAT PART OF LOTS 27 AND 28, AUDITOR'S WHITNEY ROAD PLAT IN SECTION 21, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 27, AUDITOR'S WHITNEY ROAD PLAT; THENCE NORTH 89°55'58"WEST, 282.07 FEET ALONG THE SOUTH LINE OF SAID LOT 27; THENCE N89'1 1'03"W, 9.76' CONTINUING ALONG SAID SOUTH LINE; THENCE NORTH 01140" WEST, 220.87 FEET TO A POINT ON THE SOUTH LINE OF LOT 28, AUDITOR'S WHITNEY ROAD PLAT; THENCE NORTH 89054'31"WEST, 179.86 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH HACKETT ROAD; THENCE NORTH 0°05'40" WEST, 278.92 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MAYNARD AVENUE; THENCE SOUTH 89°59'53" EAST, 478.70 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GREENHILL ROAD; THENCE SOUTH 4051'27" EAST, 280.47 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE NORTH 89056'08" WEST, 30.00 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF SAID LOT 27; THENCE SOUTH 0007'00" EAST, 221.09 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, ALSO BEING THE EAST LINE OF SAID LOT 27, TO THE POINT OF BEGINNING, CONTAINING 4.62 ACRES MORE OR LESS. Travis R. Stewart, PLS Date Iowa License Number 17162 d My license renewal date is December 31, 2021. 97162 S", Page 279 of 364 rMTY nF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. a Waterloo, IA 50703 v Phone(319)291-4312 Fax(319)291-4262 Email:city.engineer(a),waterloo-ia.or- JAMIE KNUTSON,PE City Engineer March 29, 2021 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT GARDNER ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. . It is recommended that this final plat be approved. Sincerel , Dennis J. 4entz, P.E4f__ Assistant City Engineer WE'RE WORKING FOR YOU! An Equal OpportuniWAffirmative Action Employer Page 280 Of 364 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name(please print): Steve Troskey- CGA Engineers Address: 16 E Main Street Phone: 641-752-6701 City: Marshalltown State:IA Zip:50158 Email: stroskeycgaconsultants.com b. Status of Applicant: (a) Owner_(b) Other X (CHECK ONE): If other explain: Civil Engineer c. Property Owner's Name if different than above(please print): GBS Development, LLC Address: 4426 Wynnewood Dr _ Phone: City: Cedar Falls State: IA Zip: 50613 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): CGA EnoineLs Primary Preparer's Name: Steve Troske Phone: 641-752-6701 E-mail: stroskeyOwaconsultants.com 3. PROPERTY INFORMATION: a. Name of Plat: Gardner Addition (forrnerly Shirk Addition) b. General Location of Property: SW corner of Greenhill Rd and Maynard Ave c. Area of Proposed Plat: 4.62 ac d. Area of Proposed Plat to be dedicated/conveyed to the City:.0.88 ac e. Value of area to be dedicated/conveyed to the City:$15.000 £ Zoning District(s): R2 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z 6-2-20 City Council 6-22-20 b. Six(6) copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord. (also submit a digital copy of the plat in PDF format) c. Three(3)copies of Deed of Dedication(must be original signatures) d. Three(3)copies of all Contract,Petition and Waiver forms(must be original signatures) e. Three(3) copies of Certificate of Survey(must be original signatures) 5. PUBLIC IMPROVEMENTS a. Costs for any public improvements: _XEstimate_Actual Total Cost Storm Sewer $_ 20,000 Sanitary Sewer $ 100,000 Paving $ 151,000 Land Dedicated $__1.5,000 TOTAL $. 286,000 The Request Fee of$215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved.Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and penalty of perjury that all information on this request and submitted along with it is true and correct. All information will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision.The undersigned authorize City Zoning Officials to enter the p o e + n uestion in regards to the request. 11-13-20 �) t�I�d2a re of Applicant Date ign e of Date Page 281 of 364 LEGAL DESCRIPTION THAT PART OF LOTS 27 AND 28,AUDITOR'S WHITNEY ROAD PLAT IN SECTION 21,TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN,WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 27,AUDITOR'S WHITNEY ROAD PLAT;THENCE NORTH 89°55'58"WEST,282.07 FEET ALONG THE SOUTH LINE OF SAID LOT 27;THENCE N89'1 1'03"W,9.76' CONTINUING ALONG SAID SOUTH LINE;THENCE NORTH 0°11'40"WEST,220.87 FEET TO A POINT ON THE SOUTH LINE OF LOT 28,AUDITOR'S WHITNEY ROAD PLAT;THENCE NORTH 89°54'31"WEST, 179.86 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH HACKETT ROAD; THENCE NORTH 0°05'40"WEST,278.92 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MAYNARD AVENUE;THENCE SOUTH 89°59'53"EAST,478.70 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GREENHILL ROAD;THENCE SOUTH 4°51'27"EAST,280.47 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE;THENCE NORTH 89°56'08"WEST,30.00 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF SAID LOT 27;THENCE SOUTH 0°07'00"EAST,221.09 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE,ALSO BEING THE EAST LINE OF SAID LOT 27,TO THE POINT OF BEGINNING, CONTAINING 4.62 ACRES MORE OR LESS. Page 282 of 364 CITY OF WATERLOO Council Communication Resolution approving submission of the FY 2022-2023 Historical Resource Development Grant application to the Iowa Department of Cultural Affairs, in the amount of$11,150, to perform phase II of the Northeast Triangle Intensive Historic Survey, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ NE Triangle Phase II Map Backup Material Resolution approving submission of the FY 2022-2023 Historical Resource Development Grant application to the Iowa Department of Cultural Affairs, SUBJECT: in the amount of$11,150, to perform phase II of the Northeast Triangle Intensive Historic Survey, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Resolution authorizing the submittal of the grant application. The Waterloo Historic Preservation Commission would like to submit a grant application to fund a survey of the Triangle Area of Waterloo. The city of Waterloo has a unique African American Civil Rights history and Summary Statement: its critical to document and preserve this history and make it accessible to the public and future researchers. The grant requires a 50%match which will be made up of printing costs, in- kind labor, and volunteer labor. Expenditure Required: Match of 50% $11,150, Grant Amount$11,150, total of$22,300 Source of Funds: In kind labor and materials. Policy Issue: Economic Development/Historic Preservation Legal Descriptions: N/A Page 283 of 364 �J LJ LJ � I 1� 1L11 -r �-L:1 �I-Ir I d Li - WEBSTER ST - Legend u W - -ADAMS ST I _ ' COTTAGE ST �- T� .� W � �_s- 2 g , I- SUMNER ST z_ . SUMNER ST I Z Z . ONEIDA ST - r +� Z �- _ SALISBURYS O� W� 406YLN° d t L SHILLIAMAVE - - ` � ALBANY.ST - r , MERRIMAN ST, EST DOUGLAS ST LIME ST- 1p.........�� = T , -- -----------"VINE ST----------- ® n: N W�E City of Waterloo, Iowa S Page 284 of 364 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., originally executed January 1, 2021, in the amount of$46,000, for professional design fees and related services, and adjusting construction costs to $560,000, in conjunction with the Five Sullivan Brothers Renovation of the Second Floor Meeting Rooms and Adjacent Lobby Space Project, and authorizing the Mayor to execute said document. City Council Meeting:4/19/2021 Prepared:4/2/2021 ATTACHMENTS: Description Type Amendment-5 Bros Second Floor Meeting Room- Backup Material Lobby Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., originally executed January 1, 2021, in the amount of$46,000, for professional design fees and related services, and SUBJECT: adjusting construction costs to $560,000, in conjunction with the Five Sullivan Brothers Renovation of the Second Floor Meeting Rooms and Adjacent Lobby Space Project, and authorizingthe e Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Construction Cost Estimate= $560,000 to add an alternate for additional Summary Statement: HVAC work including an additional Chiller. Proposed Professional Design Fee to add Alternate for HVAC and Chiller work is $46,000. (original Professional Agreement approved 3/1/2021) Page 285 of 364 IlwAIA Document G802 - 2017 Amendment to the Professional Services Agreement PROJECT: (frame and address) AGREEMENT INFORMATION: AMENDMENT INFORMATION: Five Sullivan Brothers Renovation of Date:January 26,2021 Amendment Number:001 the Second Floor Meeting Rooms& (original contract date) Adjacent Lobby Space project No: 20-24695 Date:March 31,2021 OWNER:(name and address) ARCHITECT:(name and address) City of Waterloo I&S Group, Inc.(ISG) 715 Mulberry Street 314 East 4th Street Waterloo,IA 50703 Waterloo,1A 50703 The Owner and Architect amend the Agreement as follows: Construction Cost Estimate=$560,000 To add an Alternate for additional HVAC work including an additional Chilter. The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Proposed Professional Design Tee to add Alternate for HVAC and Chiller work is: $46,000 Schedule Adjustment: Work to coincide with the Phase 3 Improvements:Addition and Lobby Renovation of the Second Floor Meeting Rooms &Adjacent Lobby Space. SIGNATURES: I&S Group,Inc.(ISG) City of Waterloo ARCHITECT(Firm name) OWNER(Firm @ante) SIGNATURE SIGNATURE Nathan Compton,Architect/Project Manager Quentin Hart,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE March 31,2021 DATE DATE AIA Document G802"--2017.Copyright®2000,2007 and 2017 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,'"AIA:'the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:19:48 ET on 03/31/2021 under Order No.8114132283 which expires on 0 711 212 02 1,is not for resale,is licensed far 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@aia.org. User Notes: (3139ADA43) Page 286 of 364 CITY OF WATERLOO Council Communication Resolution accepting a deed from Hawkeye Community College for a home located at 225 Newell Street, in the amount of$137,500, per the Project Addendum Agreement previously approved on October 16, 2017, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:4/19/2021 Prepared: 8/13/2020 ATTACHMENTS: Description Type ❑ 28E Agreement Backup Material ❑ Addendum Agreement Backup Material Resolution accepting a deed from Hawkeye Community College for a home SUBJECT: located at 225 Newell Street, in the amount of$137,500, 12er the Project Addendum Agreement previously approved on October 16, 2017, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval This item is for the acceptance of the first home constructed by Hawkeye Community College located at 225 Newell Street in accordinance with the Summary Statement: project addendum agreement that was approved by council in October of 2017. Expenditure Required: $137,500.00. Source of Funds: Bonds Alternative: N/A Legal Descriptions: Manson's Second Addition Lot 12 Block 1 Page 287 of 364 Page 1 of 9 5 IIIIIII IIIIII III VIII VIII VIII VIII III VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 008224020009 Type: GEN Recorded: 09/07/2017 at 03:32:47 PM Fee Amt: $47.00 Paqe i of 9 Black Hawk County Iowa SANDIE L. SMITH RECORDER //�� 1 1 File201 V-000043 1 1 V e i+q Gf w0t rlty CHAPTER 28E AGREEMENT- AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION THIS AGREEMENT made and entered into the S% day of G zv 2017,by and between the Hawkeye Community College (hereinafter referred to as ` ollege")and the City of Waterloo, Iowa(hereinafter referred to as"City"): WHEREAS,College is a community college organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS,City is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined by Iowa Code Chapter 28E; and WHEREAS, College provides vocational and technical education and training to students, including education and training to students in the building trades, and has authority to sell student constructed buildings and the property on which such student constructed buildings are located pursuant to Iowa Code § 260C.14(6);and WHEREAS, City has a shortage of adequate housing, attributable in part to the relative shortage of the number of individuals who are skilled in the building trades; and WHEREAS,City currently owns and intends in the future to acquire parcels of property which are suitable for the construction of student constructed housing; and WHEREAS, City desires to transfer lots to the College for the College to construct student constructed houses on, and to purchase the lots back from the College upon completion of such construction at the cost of materials to the College; and WHEREAS, College desires to accept individual lots from the City, construct student constructed houses thereon, and transfer the lots back to the City upon completion of construction in exchange for the cost of materials actually incurred by the College; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, College and City believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the construction of student constructed homes in the City, which agreement will be to their mutual advantage. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between College and City as follows: 1 File Number: 2018-0 1$84964 Page 2 of 9 1. Purpose.The Purpose of this Agreement is to facilitate the joint exercise of the parties' respective powers to fund and construct College student constructed houses on property currently owned by City, subject to the terms and conditions set forth herein. 2. Administration. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement.This Agreement will be administered by the Vice President of Administration and Finance or his/her designee on behalf of College,and the Community Planning and Development Director or his/her designee on behalf of City. 3. Project. College shall construct student constructed houses on property owned by the City on an ongoing basis as contemplated by the terms of this Agreement(the"Project"). 4. Property. Each Property to be used for the Project shall be identified and mutually agreed upon by the Community Planning and Development Director for the City and the Vice President of Administration and Finance of the College. 5. Duration. This Agreement shall remain in effect unless and until terminated in accordance with Section 13, commencing with the date of filing of this Agreement with the Iowa Secretary of State, in accordance with Iowa Code Section 28E.8. 6. Transfer of Property to College. At such time as the Community Planning and Development Director for the City and the Vice President of Administration and Finance of College mutually agree on a lot of property to be used for the Project(each lot agreed upon between the parties is herein referred to individually as the "Property"), City shall convey the Property to College on the following terms and conditions: A. Purchase Price. City acknowledges the services provided by College related to the Project are sufficient consideration to support City's obligation to transfer the Property to College.No additional monetary consideration will be required of the College. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("First Closing Date"). Possession of the Property ("Possession") shall be delivered to College at the First Closing Date. Each transaction shall be considered closed upon the filing of all title transfer documents("First Closing"). C. Taxes and Special Assessments. City shall pay all property taxes and/or special assessments,if any,pertaining to the Property at all times during the pendency of this Agreement, notwithstanding which party holds legal title to the Property. College represents that the real property owned by it under this Agreement will be exempt from taxation for property tax purposes until it is occupied or sold. D. Included Property. Included with the Property shall be all improvements and fixtures that integrally belong to,are specifically adapted to,or are a part of the 2 File Number: 2018-0 1894964 Page 3 of 9 Property,whether attached or detached. City covenants that each Property shall be a bare lot, free from any structures. E. Plattin ; SurveX. If a survey is required under Iowa Code Chapter 354,city or county ordinances,or is necessary to permit College to carry out its obligations under this Agreement, City shall pay the cost thereof. F. Environmental. City represents and warrants to College that, to the City's knowledge formed without specific inquiry: (i)the Property has not been used for the purpose of generating, receiving, handling, using, storing, treating, transporting or disposing of (A) any hazardous material as defined in any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances,codes,standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the "Environmental Laws"), (B) other toxic, dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or (C) petroleum products (except petroleum products received, handled, used, stored, treated, transported or disposed of in accordance with Environmental Laws), (ii) there are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to the Property in connection with the Environmental Laws, nor has City received any notice of the same and(iii)no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at,on or adjacent to the Property, nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage,waste or refuse of any kind (all the foregoing being hereinafter collectively referred to as "Hazardous Materials"). City shall also provide College with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, underground storage tanks, burial sites, or private sewage disposal systems on the Property. This representation and warranty shall survive the First Closing, Second Closing, and the termination of this Agreement. G. Deed. At First Closing, City shall convey merchantable title to the Property to College,by a duly executed and acknowledged general warranty deed,free and clear of liens and encumbrances, reservations, exceptions or modifications except as expressly accepted by College in writing. Said deed shall be in a form acceptable to College. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. H. Warranties. In addition to any other warranties stated herein or in the general warranty deed to be executed and delivered by City to College,City represents and warrants to College the following: 3 File Number: 2018-O 1404964 Page 4 of 9 i. City is the owner in fee simple of the Property free and clear from all liens and encumbrances, and City's entering this Agreement will not conflict with any other contract,agreement,or obligation to which City is a party. ii. There will be no leases or other occupancy agreements relating to the Property in effect as of the date of First Closing. iii. City has entered into no other agreements to sell the Property. iv. City is not a party to any litigation,nor does City know of any litigation or threatened litigation, affecting the Property, or City's ownership thereof, and City shall give College prompt notice of any claim, threatened litigation, or instigation of any litigation prior to First Closing. V. City has not received and has no knowledge of any notice or request from any governmental authority having jurisdiction regarding any violation of any federal, state, or local law or requesting the performance of any work or alteration with respect to the Property. vi. City is not in default under the terms of any lease,contract,agreement, order, or judgment affecting the Property or the operation thereof. vii. There are no contracts or agreements, written or oral, which would bind College, affecting the ownership or operation of the Property. viii. There are no structures on the Property. ix. No labor has been performed, or materials supplied, for the Property which the City has not fully paid. X. There are no condemnation proceedings pending, or to the best of City's knowledge, contemplated against the Property, or any part thereof, and the City has received no notice, oral or written, of the intent or desire of any public authority or public utility to take or use the Property or any part thereof. xi. City has no knowledge or information of any facts, circumstances, or conditions which do or would in any way adversely affect the Property. xii. The representations and warranties of City contained in this Section 6 shall survive First Closing, Second Closing, and the termination of this Agreement. 4 File Number: 2018-0 1414964 Page 5 of 9 7. Construction of Project. Following transfer of the Property to College, College shall construct the Project on the Property on the following terms and conditions: A. Budget and Design. Prior to commencement of construction of the Project, the City and College shall meet and mutually agree upon the design plans and specifications for the Project, which may include sodding or seeding and a not-to-exceed budget amount for the Project. Once agreed upon, neither the design nor budget may be amended,without the written consent and agreement of both the City and College. B. Scope of Work. College will furnish all tools, equipment, components, machinery, supplies, superintendence, insurance, transportation and other construction accessories, services, facilities, and labor necessary to construct the Project in accordance with the plans and specifications agreed upon by the Community Planning and Development Director for the City and the College Vice President of Administration and Finance and in compliance with all City, state, and federal building codes and with all applicable City ordinances and other applicable law. In the event the College should anticipate a material increase in the cost of materials to complete the Project above what was budgeting prior to the commencement of work,the College shall obtain City's written approval of such cost overruns prior to incurring the same. C. Time for Completion. The Project will be completed within three (3) years after the First Closing, but College shall be entitled to a 6-month extension upon written notice to City if College reasonably believes that completion can be attained during the extended period. Any further extension shall require City's written consent,which consent shall not be unreasonably conditioned or withheld. Completion shall be evidenced by production of executed final lien waivers from all contractors and suppliers and a certificate of occupancy issued by the City of Waterloo Building Inspections Department. The Property shall be turned over to City in standard, "broom clean" condition,and all remaining construction materials and debris shall be removed from the Property. D. Risk of Loss and Insurance. City shall bear the risk of loss or damage to the Property prior to First Closing. College shall bear the risk of loss or damage to the Property following First Closing and prior to Second Closing. City shall bear the risk of loss or damage to the Property following Second Closing. College shall procure builder's risk insurance at its own expense to cover loss or damage to the Property occurring after the First Closing but prior to Second Closing. The City shall be named as an additional insured on the builder's risk policy. E. Worker's Compensation Insurance. College shall purchase and maintain worker's compensation insurance for not less than the limits required by law and shall name the City as an additional insured. 5 File Number: 2018-0 M2490P Page 6 of 9 F. General Liability Insurance. College shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of College, its officers, employees, contractors and agents, under this Agreement. 8. Transfer of Property Back to City. Upon completion of the Project pursuant to Section 7 of this Agreement, College shall convey the Property back to the City on the following terms and conditions: A. Purchase Price. City shall pay College the actual cost of materials supplied and/or used by College in the construction of the Project, subject to documentation of such costs that is reasonably satisfactory to City, or such other amount mutually agreed upon by the parties (the "Purchase Price"). City will not pay College for the value of any materials that College obtains by donation or otherwise without cost. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties("Second Closing Date"). Possession of the Property shall be delivered to City at the Second Closing Date. Each transaction shall be considered closed upon the payment in full by City of the Purchase Price and the filing of all title transfer documents ("Second Closing"). C. Included Property. Included with the Property shall be all buildings,structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property, whether attached or detached. D. Deed. At Second Closing, College shall convey the Property to City, by a duly executed and acknowledged special warranty deed, free and clear of liens and encumbrances,reservations,exceptions or modifications arising by or through College except as expressly accepted by City in writing. City shall be responsible for payment of revenue stamps,if any,and recording costs payable to the Black Hawk County Recorder. E. Condition of the Property. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLEGE IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY,ZONING, TAX CONSEQUENCES, VALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH LAWS. CITY REPRESENTS TO COLLEGE THAT CITY HAS CONDUCTED, OR WILL CONDUCT PRIOR TO SECOND CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL 6 File Number: 2018-O 143496@ Page 7 of 9 CONDITION THEREOF, AS CITY DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. 9. Financing of the Project. College and City shall each be directly responsible for the costs assigned to each by the terms of this Agreement. 10. Indemnification. To the extent allowed by law, City shall defend, indemnify, and hold harmless College from any and all claims, demands, causes of action, suits, settlements,and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of. (i) a material breach of this Agreement by City, (ii)the material failure of any representation or warranty of City made in this Agreement to be true, (iii)any material act or omission of City related to its obligations under this Agreement. To the extent allowed by law, College shall defend, indemnify, and hold harmless City from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of. (i)a material breach of this Agreement by College, (ii) the material failure of any representation or warranty of College made in this Agreement to be true,(iii)any material act or omission of College related to its obligations under this Agreement,or(iv)any physical injury occurring during,and related to,the work performed by College under Section 7 of this Agreement. 11. Assignment. Neither party may assign its rights, obligations, or interests under this Agreement without prior written consent of the other. 12. No Joint Obligation. The obligations of College and City under this Agreement are several obligations, and are not joint obligations. 13. Termination of Agreement. This Agreement may be terminated in any one of the following ways: A. Jointly,by a written agreement executed by College and City; B. By either party,without cause,upon ninety(90) days' prior written notice. C. By either party for breach of any of the terms of this Agreement by the other party. Termination shall be accomplished by giving written notice to the breaching party specifying the breach and stating that the Agreement will be terminated if the breach is not cured within thirty(30)days. Failure to cure the breach within thirty(30)days of receipt of this notice shall result in automatic termination of this Agreement. D. Notwithstanding any termination, other than for breach under Section C, both parties shall remain responsible for fulfilling their respective obligations to complete and pay for any construction in progress at the time of termination. The parties shall mutually determine what constitutes"completion"and"payment"for purposes of this provision. 14. Transfer Upon Termination. If this Agreement is terminated pursuant to Section 13, College shall, within sixty (60) days of either completion of construction, or if construction hasn't 7 File Number: 2018-01g4496,T Page 8 of 9 started, within sixty(60) days of termination, transfer back to the City by special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing, any Property it acquired from the City pursuant to this Agreement. 15. Notice. All notices,requests, claims, demands and other communications between the parties shall be in writing, and shall be given by delivery in person or by first class, registered or certified mail,postage prepaid.All notices shall be effective upon receipt,if notice is given by delivery in person,or on the fifth day following mailing to the other party at its respective address listed below: To College: To City: Vice President of Community Planning& Administration and Finance Development Director 1501 East Orange Road 715 Mulberry Street P.O. Box 8015 Waterloo, Iowa 50703 Waterloo, Iowa 50704 16. Binding Effect. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of the respective parties thereto. 17. Entire Agreement - Amendment. This Agreement contains the entire understanding between the parties and cannot be changed or terminated orally but only by an agreement in writing signed by both parties. 18. Severability.If any provisions of this Agreement are declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 19. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Any dispute or claim arising out of this Agreement shall be heard in a court of competent jurisdiction in Black Hawk County,Iowa. 20. Counterparts. This agreement may be executed in any number of counterparts,each of which,when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. [Signature Page to Follow] 8 File Number: 2018-O 1454964 Page 9 of 9 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers, pursuant to full authority granted and given as of the day and year first above written. HAW COMMUNITY CO GE CITY OF WATERLOO B By: D��' _�, -- oa side t Mayor By: t�x� By: Val, Bo r Secretary City C1 01387991-1\10567-257 9 File Number: 2018-O 146496V PROJECT ADDENDUM TO AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION This instrument is an addendum (the "Addendum") to that certain Chapter 28E Agreement- Agreement for Residential Housing Construction (the "Agreement") dated August 21, 2017, by and between City of Waterloo, Iowa("City") and Hawkeye Community College ("College"), previously recorded as Doc. No. 2018-00004311. This Addendum shall be effective when executed by both parties. WHEREAS, the parties have identified a Project site in the 200 block of Newell Street, as described on Exhibit"A" attached hereto (the "Property"), and desire to set forth the terms by which they will undertake the Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Within thirty(30) days after execution of this Addendum by both parties, City will convey the Property to College by general warranty deed. 2. Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not-to-exceed budget for the Project. 3. This Addendum is subject to all terms, covenants, conditions, and restrictions set forth in the Agreement; provided, however, that to the extent of any conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail. Except as modified herein, the Agreement shall continue in full force and effect. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. The Agreement and this Addendum shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Project Addendum to Chapter 28E Agreement-Agreement for Residential Housing Construction by their duly authorized representatives. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO, IOWA By: By: Board President Quentin M. Hart, Mayor By: By: Board Secretary Kelley Felchle, City Clerk Dated: Dated: Page 297 of 364 EXHIBIT "A" Property Description Parcel no. 8913-13-382-010, legally described as: Lot 12, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Parcel no. 8913-13-382-011, legally described as: Lot 13, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 298 of 364 CITY OF WATERLOO Council Communication Resolution approving a Memorandum of Understanding with Iowa Northland Regional Council of Governments for preparation of a RISE grant application for the East Lake Street extension and authorizing the Mayor to execute said document. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ M O U Backup Material Resolution approving a Memorandum of Understanding with Iowa SUBJECT: Northland Regional Council of Governments for preparation of a RISE grant application for the East Lake Street extension and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Transmitted is a Memorandum of Understanding with Iowa Northland Regional Council of Governments (INRCOG) for preparation of a RISE grant application for the East Lake Street extension and directing execution of Memorandum of Understanding, with the amount not to exceed $2,000.00. Summary Statement: The City is working with California Pellet Mill(CPM) for the construction of a 140,000 square foot facility and extending a new road would be beneficial to the operations of the new facility. The City has worked successfully with INRCOG in the past to apply for RISE grants to help with economic development. Expenditure Required: $2,000.00 Source of Funds: TIF Policy Issue: Infrastructure and Economic Development. The City has been making infrastructure improvements in this area with the Legal Descriptions: extension of a new sanitary sewer and MidAmerican Energy has extended electrical services. Page 299 of 364 GRANT APPLICATION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between the City of Waterloo, Iowa hereinafter referred to as City, and the Iowa Northland Regional Council of Governments hereinafter referred to as INRCOG. WHEREAS, the City of wishes to engage INRCOG's grant writing services for the following project: Type of Grant: RISE: Immediate Opportunity Project Description: East Lake Street Improvements INRCOG will not charge the City in advance for grant preparation services; however, in the event that RISE funding is awarded to the City for this project, INRCOG will submit a grant preparation invoice in the amount of one and one-half percent (maximum $2,000.00) of the funds awarded, to be paid by the City from local funds. IN WITNESS WHEREOF, INRCOG and the City of Waterloo have executed this Memorandum of Understanding as of this _day of 12021. City of Waterloo, Iowa BY: Mayor ATTEST: Iowa Northland Regional Council of Governments BY: K I ' { IJP Executive Director ATTEST: Page 300 of 364 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $225,000, in conjunction with the FY 2021 Biennial Bridge Review Program, and authorizing the Mayor to execute said document. City Council Meeting:4/19/2021 Prepared:2/1/2021 Resolution approving a Professional Services Agreement with AEC OM SUBJECT: Technical Services. Inc., of Waterloo, Iowa, in an amount not to exceed $225,000, in conjunction with the FY 2021 Biennial Bridge Review Program, and authorizingthe e Mayor to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Source of Funds: G.O. Bonds -Bridge Inspections Page 301 of 364 CITY OF WATERLOO Council Communication Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018, and instruct the City Clerk to publish notice. City Council Meeting:4/19/2021 Prepared:4/6/2021 Resolution approving documents, and adopt and levy the Final Schedule of SUBJECT: Assessments, in conjunction with the FY 2021 Sidewalk Repair Assessment Program-Zone 10, Contract No. 1018, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Transmitted herewith are the final schedule of assessments, abandonment schedule, final plats and breakdown of project costs for the FY 2021 Sidewalk Repair Assessment Program—Zone 10, Contract No. 1018, which Summary Statement: is bounded by: Park Road— Broadway Street— Conger Street—Newell Street— East 4th Street— Cedar River Page 302 of 364 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with AEC OM Technical Services, Inc., originally executed June 26, 2017, in an amount not to exceed $320,000, for Construction Review Services, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs Phase I Project, Contract No. 951, and authorizing the Mayor to execute said document. City Council Meeting:4/19/2021 Prepared: ATTACHMENTS: Description Type ❑ Supplemental Agreement No. 2 Backup Material Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with AECOM Technical Services. Inc., originally SUBJECT: executed June 26, 2017, in an amount not to exceed $320,000, for Construction Review Services, in conjunction with the FY 2021 SanitarX Sewer Gatewell Repairs Phase I Project, Contract No. 951, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Recommended Action: Approve. Expenditure Required: $320,000 to be paid from Sewer funds. Page 303 of 364 �0� AECOM 319-232- 1 tel � 501 Sycamore Street 319-232-027027 1 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com SANITARY SEWER GATEWELL REPAIR PROJECT CITY OF WATERLOO, IOWA SUPPLEMENTAL AGREEMENT NO. 2 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated June 26, 2017,for the repair of thirty-seven (37) sanitary gatewells along the Cedar River levee system in Waterloo; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on November 23, 2020, for additional design services to create contract documents for two separate gatewell projects; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 2 for construction- related services for the Phase I project. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. Project Description The project consists of repairing, replacing and investigating thirty-two sanitary gatewells along the Cedar River and Black Hawk Creek levee system in Waterloo. Pipe sizing through gatewells range in size from 6" to 60". The project also includes replacing existing valves with gates where the sanitary crosses through the levee. There is also approximately 1,400 feet of sanitary sewer installation. The project utilizes State Revolving Fund (SRF) funding and necessary Army Corps of Engineers and Iowa Department of Natural Resources permitting. This project was originally bid in April of 2020 as one project. To allow for the funding of the project to be spread over additional fiscal years, it was desired to separate the original project into two smaller projects to be bid at different times. The first project (Phase 1) will address the gatewells where the replacement of the gate within the existing gatewell structure is required where excavation is not planned. The second project (Phase 11) will address the gatewells that require full replacement of the structure and appurtenances where excavation is required. Phase 11 will also include installation of the proposed sanitary sewer. This supplemental agreement provides construction-related services for the Phase I project. II. Scope of Services The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide construction-related services for the Phase I project and associated engineering assistance to the City for the SRF process required for the project. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project. Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Page 304 of 364 AECOM Page 2 Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 5. Prepare monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Task 8. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents and advise the Client of any work that should be corrected or rejected. Task 10. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 11. Facilitate construction progress meetings of project as needed and complete minutes for each meeting. It is anticipated that when construction activities begin, meetings will be bi-weekly. Task 12. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 13. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 14. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project-related documents. Task 15. Compile Equipment Manufacturer's and Vendors Operation & Maintenance (O&M) material from Contractor and distribute one electronic and two hard copies of O&M manuals to the Client at the completion of the project. Task 16. Provide the Client with a copy of revised drawings of the construction plans (record drawings)for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 17. Prepare and assist the Client with the final close-out documentation received from the Contractor. Page 305 of 364 AECOM Page 3 III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated from the fees in the original agreement and Supplemental Agreement No. 1. The estimated fee is Three Hundred Twenty Thousand Dollars ($320,000.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated June 26, 2017. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Date Douglas W. Schindel, P.E. Associate Vice President APPROVED FOR CLIENT: By: Date 0:Wdministration\AGREE\SUPPLE\SA2 WAT San Sewer Gatewell Repair CRS.docx Page 306 of 364 CITY OF WATERLOO Council Communication Resolution temporarily changing Randolph Street from West 4th Street to West 5th Street from one-way traffic to two-way traffic, during the West 4th Street Construction Project. City Council Meeting:4/19/2021 Prepared:4/12/2021 Resolution temporarily changing_` Randolph Street from West 4th Street to SUBJECT: West 5th Street from one-way traffic to two-way traffic, during the West 4th Street Construction Project. Submitted by: Submitted By: Sandie Greco, Traffic Operations Director Recommended Action: Approve Resolution The two (2) churches being affected by the closing of W. 4th St. have Summary Statement: requested that Randolph St. be temporarily changed to TWO WAY during the construction of W. 4th St. allowing parishioners to enter and exit from W. 5th St. Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 307 of 364 CITY OF WATERLOO Council Communication An ordinance establishing grades for the City of Waterloo FY 2021 Sidewalk Repair Assessment Program— Zone 10, Contract No. 1018. City Council Meeting:4/19/2021 Prepared:4/6/2021 Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2021 Sidewalk Repair SUBJECT: Assessment Program Zone 10, Contract No. 1018. 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:Wayne Castle, PLS, PE,Associate Engineer It is recommended these grades be adopted to comply with the State Code Recommended Action: of Iowa so that the sidewalk assessment program can continue in a timely manner. This is being submitted for Council approval as advised by the bonding Summary Statement: attorneys. As per Section 384.39 of the State Code of Iowa, official grades shall be adopted for assessment purposes. Page 308 of 364 CITY OF WATERLOO Council Communication An ordinance prohibiting the use of consumer fireworks. City Council Meeting:4/19/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Public Comment Backup Material ❑ Public Comment(2) Backup Material ❑ Public Comment(3) Backup Material ❑ Attachment for Comment(3) Backup Material ❑ Public Comment(4) Backup Material ❑ Public Comment(5) Backup Material ❑ Public Comment(6) Backup Material ❑ Ordinance as proposed Backup Material ❑ 9-2-3 Enforcement Backup Material Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo City Code of Ordinances by amending Subsection B, Prohibitions and Use, of Section 13, Fireworks, of Chapter SUBJECT: 2, General Offenses, of Title 5, Police Regulations. 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: Margaret Klein, Ward 1 Council member Recommended Action: Approval. Page 309 of 364 Dear Waterloo City Council & Mayor Hart, I'd like to take a moment to introduce our family. My name is i Oak• Becky Bartlett. I'm a wife to Luke, and the mom of these four amazing kids. boo Boaz is 13, Cainan is 11, Myka is 9, and Kezia is 8. A few summers ago, when there was talk of fireworks being legalized in Iowa, Luke's brother saw an opportunity for a new business in the Cedar Valley. Did we ever before consider that one day we'd own a fireworks store? Nope. �i But, we partnered with some friends and set off on the adventure. The Bartlett Family Our families said 'yes' to this endeavor because of all the kids you see pictured here. We knew that this store would provide them amazing opportunities to learn and grow. They've spent countless hours in the store with us learning how to merchandise (stock shelves), unload trucks, count change, bag product, check inventory, and serve customers. If you ever visit the store, it's likely you'd find some of our kids there- greeting you, handing out stickers to kids, or helping you find what you need. (We have customers who come in and specifically ask for our son to help them find what they're looking for!)They LOVE helping at the store when they are able and learning from our staff. Hanging out at Crossroads Fireworks is one of the highlights of their summer. As a family, we've worked countless hours to build the business. Seeing us start the store from the ground up has shown them what a big job it is to take on a business endeavor, and they've seen that hard work pays off. All of our kids look forward to officially joining our staff when they're old enough. And we hope to someday pass along leadership roles in the store to them, as well. It saddens me that with the flip of a switch, the city council has the ability to negate all of our hard work. The council, with one vote, can decide that our business doesn't belong in Waterloo. With one decision, the council can basically crush Crossroads Fireworks, its revenue, and these sweet kids' future summer employment dreams. So, what will my kids be learning about business then? They'll learn that you might as well not work your tail off at anything in life, because the government will just take it away from you anyway. A r OPENING JUNE 1 ! Helping Stock Shelves Signs Out For Opening Day Page 310 of 364 The owners of Crossroads Fireworks are not big tycoons sitting at desks in a high rise on the east coast. We are average Cedar Valley families who had a dream and went for it. We are small business owners and '` the fireworks store is part of our livelihood. As a city who encourages small businesses, we'd ask that you consider supporting our small business, as well. We don't need fireworks to be legal all summer long, but simply ask that you keep fireworks legal for a couple of days around the 4th for the families that want to celebrate safely. We have always done everything we can to inform customers of legal use dates in y various municipalities and will continue to do so. We also believe that keeping fireworks legal for a couple of days Unloading Trucks encourages people do them all at once. By making them illegal, you really are just punishing the rule-follower families who just wanted something fun to do on a summer holiday. Rule breakers will set off fireworks anyway- and if our store didn't exist, would drive anywhere to Law A get them. By setting some parameters and giving some usage days, we believe that encourages people to use them within boundaries- and probably lessens the number of days rule-breakers are out doing them. We really do appreciate all the hours and hard work you put into your jobs, your city, and the Cedar Valley. Your job isn't an easy one. Thank you for taking the time to read this letter. Please consider that we are simply small business owners, doing our best to provide for our After Stocking- Box Forts families... with kids who are watching closely and learning what it means to own a business in the Cedar Valley. Please keep fireworks f rp legal for a couple of days around the 4th. Thank you for your time. Please stop into our store sometime this summer- our kids would love to show you around if they're there! Becky Bartlett Horse Rides on Dollies a OIL lr� Ice Cream Treats After A Long Day Page 311 of 364 From: KELLEY FELCHLE To: Nancy Hiabv Subject: FW: Fireworks ordinance-from Crossroads Fireworks Date: Monday,March 15,2021 11:23:33 AM From: QUENTIN HART<QUENTIN.HART@WATERLOO-IA.ORG> Sent: Monday, March 15, 202110:58 AM To: KELLEY FELCHLE <KELLEY.FELCHLE@WATERLOO-IA.ORG>; Martin Petersen <Martin.Petersen @WATERLOO-IA.ORG> Subject: FW: Fireworks ordinance-from Crossroads Fireworks From: Kendra Wyatt<Kendra.Wyatt(@WATERLOO-IA.ORG> Sent: Monday, March 15, 20218:11 AM To: QUENTIN HART<QUENTIN.HART(@WATERLOO-IA.ORG> Subject: FW: Fireworks ordinance-from Crossroads Fireworks From:Justin Bartlett<iustinPiowaiustin.com> Sent: Saturday, March 13, 20215:23 PM To: Mayor<MayorPWATERLOO-IA.ORG> Subject: Fireworks ordinance -from Crossroads Fireworks Mayor Hart, I am writing in my capacity as the managing partner of Crossroads Fireworks at 2019 San Marnan Drive. We are aware, of course, that the Waterloo City Council is considering an ordinance to potentially ban the use of fireworks. Such a ban has financial implications for our business, as I am sure you understand. A ban won't slow down the scofflaws who light fireworks at 2am in early June, but it will reduce our sales to law-abiding families who want to host small gatherings on July 4. We knew there was regulatory risk when we got into this business, and it is risk that we accepted by starting the business. The risk we didn't expect was that the City Council would head-fake us into signing a lease extension and then pivot to a ban a few months later. What do I mean by head fake? This past September, the Council discussed a potential ban but decided to give the existing ordinance one more year. We were waiting to see what the Council would do before we made a decision about what to do with our lease, which was set to expire this year. After the Council decided to allow the existing three days of legal usage for another year, we contacted our landlord and signed an extension of our lease with the understanding that we would have at least one more year that our customers in Waterloo could legally use our product during those three days. If the Council now changes their mind and flips to a ban, not only will it hurt our business -a risk we ordinarily accept as part of being in this industry-it will have induced us into signing a lease extension we would not have otherwise signed with its action in September. Page 312 of 364 Regardless of how you feel about fireworks, this kind of unpredictability-and head-faking - is not business-friendly. It is actively destructive to a business that has played by the rules during our entire existence. Because of this. I am writing to ask you to veto this ordinance if the Council passes it. If the Council decides next year that they still want a ban, we will still speak against it, but at least it will be acting in good faith. But to fake us into believing we had a stable legal environment for another year and then pull the rug out from under us after we sign a lease extension would frankly be terrible for Waterloo's image as a business-friendly community, and we would speak loudly against it as such. Thank you for your consideration and for all the work you do for the city of Waterloo. Justin Bartlett Managing partner Crossroads Fireworks 319-504-6654-cell Page 313 of 364 From: KELLEY FELCHLE To: Nancy Hiabv Subject: FW: Fireworks ordinance-potential cooperation Date: Monday,March 15,2021 11:24:43 AM Attachments: Waterloo fireworks ordinance flyer 2021.pdf From: Kendra Wyatt<Kendra.Wyatt@WATERLOO-IA.ORG> Sent: Monday, March 15, 20218:12 AM To: QUENTIN HART<QUENTIN.HART@WATERLOO-IA.ORG>; KELLEY FELCHLE <KELLEY.FELCH LE@WATERLOO-IA.ORG> Subject: FW: Fireworks ordinance- potential cooperation From:Justin Bartlett<iustinna crossroadsfireworks.com> Sent: Saturday, March 13, 20216:04 PM To: Dave Boesen <Dave.Boesen(@WATERLOO-IA.ORG>; Sharon Juon <Sharon.JuonccDWATERL00- IA.ORG>; Pat Morrissey<Pat.MorrisseyPWATERLOO-IA.ORG>;Jerome Amos Jr <Jerome.AmosPWATERLOO-IA.ORG>; Margaret Klein <Margaret.Klein(@WATERLOO-IA.ORG>; Ray Feuss<Ray.Feuss(@WATERLOO-IA.ORG>;Jonathan Grieder<Jonathan.Grieder(@WATERLOO- IA.ORG>; Mayor<Mayor(@WATERLOO-IA.ORG> Subject: Fireworks ordinance - potential cooperation Good afternoon, I am writing in my capacity as the managing partner at Crossroads Fireworks at 2019 San Marnan Drive in Waterloo. As you would expect, we oppose the ordinance to ban the use of our products in Waterloo, both because it would be bad for our business and our customers and because we believe it would be counterproductive to the goals you are trying to accomplish (prohibiting law-abiding people from using fireworks at Spm on July 4 does nothing to stop scofflaws from shooting them at 2am in early June; that's already illegal). We support Mr. Morrissey's drive for increased enforcement and agree with him that the existing three days of legal use is a reasonable compromise. We want to offer our assistance in the effort to increase compliance with the existing ordinance. We believe we have something like a 70% market share in Waterloo retail fireworks sales. We can't know that for sure without knowing our competitors' sales numbers, but we believe it is a reasonable estimate. If the city is willing to give the existing ordinance another year, we would like to offer to Page 314 of 364 include the attached flyer (or something similar; we are willing to take design suggestions) with every purchase from our store to help educate our customers and warn them that there are consequences for violating the ordinance. We can't control what our customers will do with this information, of course, and probably 30% of the city's fireworks users get their product from other sellers, but we can reach 70% (or so) of them with this message. We believe this will be more effective at reducing usage outside of the holiday weekend than banning fireworks on the holiday weekend. Please, let us work with you rather than against you. We have assiduously followed the law; we are a good business citizen of Waterloo, and we are offering to go well beyond anything required of us in order to help make this work if you will at least hold off for one more year before turning our customers into criminals. Thank you for your consideration. Justin Bartlett 319-504-6654 - cell p.s. The Council's decision in September to hold off on a ban and allow one more year of use this coming summer (after some discussion) gave us the confidence to sign an extension on our very expensive lease. I really hope it doesn't turn out that you head faked us into that lease signing, that kind of legal whipsawing is about the least business-friendly thing I can imagine. Page 315 of 364 ATTENTION ATTENTION WATERLOO WATERLOO RESIDENTS RESIDENTS The City of Waterloo restricts The City of Waterloo restricts the use of fireworks to ONLY the use of fireworks to ONLY the following times: the following times: Saturday, July 3: noon to 10pm Saturday, July 3: noon to 10pm Sunday, July 4: noon to 11 pm Sunday, duly 4: noon to 11 pm Monday, July 5: noon to 10pm Monday, July 5: noon to 10pm Waterloo plans INCREASED Waterloo plans INCREASED ENFORCEMENT this year, and ENFORCEMENT this year, and ANY usage outside these times ANY usage outside these times will result in a fines starting at will result in a fines starting at $375 per incident. $375 per incident. Please stay safe and follow the law! Please stay safe and follow the law! CR O S CR O S WE'VE GOT THE B/G STUFF WE'VE GOT THE BIC; STUFF STAY SAFE STAY SAFE •Always read and follow label directions. • Always read and follow label directions. • Have an adult present. • Have an adult present. • Buy from reliable sellers. • Buy from reliable sellers. • Use outdoors only. • Use outdoors only. •Always have water handy(a garden hose and a bucket). • Always have water handy(a garden hose and a bucket). • Never experiment or make your own fireworks. • Never experiment or make your own fireworks. • Light only one firework at a time. • Light only one firework at a time. • Never re-light a "dud" firework(wait 15 to 20 minutes and then soak • Never re-light a "dud"firework(wait 15 to 20 minutes and then soak it in a bucket of water). it in a bucket of water). • Never give fireworks to small children. • Never give fireworks to small children. • If necessary, store fireworks in a cool, dry place. • If necessary, store fireworks in a cool, dry place. • Dispose of fireworks properly by soaking them in water and then • Dispose of fireworks properly by soaking them in water and then disposing of them in your trashcan. disposing of them in your trashcan. • Never throw or point fireworks at other people. • Never throw or point fireworks at other people. • Never carry fireworks in your pocket. • Never carry fireworks in your pocket. • Never shoot fireworks in metal or glass containers. • Never shoot fireworks in metal or glass containers. •The shooter should always wear eye protection and never have any • The shooter should always wear eye protection and never have any part of the body over the firework. part of the body over the firework. • Stay away from illegal explosives. • Stay away from illegal explosives. STAY LEGAL STAY LEGAL Fireworks use is permitted only on these dates and times: Fireworks use is permitted only on these dates and times: • State law:June 1 to July 8, 9am to 10pm • State law:June 1 to July 8, gam to 10pm • Except:July 1, 2, and 8: 9am to 11 pm • Except:July 1, 2, and 8: 9am to 11 pm •Waterloo:June 30 to July 4, 9am to 10pm •Waterloo:June 30 to July 4, 9am to 10pm • Except:July 1 and 2: 9am to 11 pm • Except:July 1 and 2: 9am to 11 pm • Cedar Falls, Hudson, Cedar Rapids: Same as state law • Cedar Falls, Hudson, Cedar Rapids: Same as state law • Iowa City: Fireworks use prohibited • Iowa City: Fireworks use prohibited This information is provided as a courtesy and was correct at the time of printing to the best This information is provided as a courtesy and was correct at the time of printing to the best of our knowledge,you are responsible to know and follow the laws in your jurisdiction. of our knowledge;you are responsible to know and follow the laws in your jurisdiction. Page 317 of 364 From: KELLEY FELCHLE To: Nancy Hiabv Subject: FW:fireworks ordinance Date: Monday,March 15,2021 12:28:15 PM From: Diane Williams <saintsfan461@hotmail.com> Sent: Monday, March 15, 202112:17 PM To: comments<comments@WATERLOO-IA.ORG> Subject:fireworks ordinance My name is Diane Williams and I reside at 220 Euclid Avenue in Waterloo. I understand there is a problem with the fireworks ordinance and once again, the city council wants to ban the use of fireworks within the city limits. First of all, I believe we all could agree that the year 2020 was not a good year. However, to say Waterloo was like a war zone I believe is a statement which was uncalled for. My husband, ( and many other veterans I know), did not believe it was a war zone. Second, to take away our 3 days we are allowed to shoot them off is unfair to those of us who do follow the ordinance the city has set forth. I believe the vast majority of citizens did follow the ordinance. Third, one council person was happy mask mandates through the state were lifted and said we should live our life. Well, then let us live it for 3 days. I agree that if people are shooting them off after hours or not the correct days, then YES, by all means they should be fined. I, for one, have faith in the citizens of Waterloo, to do the right thing. I therefore must have faith that the city council will do the right thing, allow us to have our 3 days and ask citizens to report to the Waterloo Police Department if neighbors are shooting them off illegally and they have photos or videos. I I truly believe in the citizens of Waterloo, and I believe the city council should also. The president has said we would be able to celebrate the 4th of July this year. So let us do it! Even if you take the ordinance down to just the 4th of July, at least we would have that day to celebrate OUR FREEDOM. The President of the United States said we would be able to celebrate this year! Therefore, if you have faith in the GREAT citizens of Waterloo as I do, you will allow us the opportunity to prove we are. If not, then you will change the ordinance and you, by changing it, will be saying we are not. And spending the revenue the city receives by people purchasing the fireworks seems a little hypocritical. Page 318 of 364 Diane Williams Page 319 of 364 From: KELLEY FELCHLE To: COUNCIL MEMBERS Cc: Nancy Hiobv Subject: FW: Fireworks Support Date: Monday,March 15,20213:44:53 PM Council, Please see the comments received below on fireworks. 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. From: QUENTIN HART<QUENTIN.HART@WATERLOO-IA.ORG> Sent: Monday, March 15, 20213:42 PM To: KELLEY FELCHLE <KELLEY.FELCHLE@WATERLOO-IA.ORG> Subject: Fireworks Support Hi Kelley, I received a call from Larry Lavenz at 411 Vinton Street and he indicated he also has PTSD. He is in favor of keeping fireworks for 3 days. He states that his problem come because of loud motorcycles and he would like to have those banned if fireworks are. QUENTIN HART Page 320 of 364 From: KELLEY FELCHLE To: Nancy Hiaby Subject: FW: Fireworks/July 4th/City of Wateroo Date: Monday,April 5,20218:44:34 AM From: D M <damcneal87@yahoo.com> Sent: Sunday, April 4, 20218:02 PM To: comments<comments@WATERLOO-IA.ORG> Subject: Fireworks/July 4th/City of Wateroo Honorable Mayor Quinton Hart, Members of the City Council of Waterloo, Iowa. After reading on Facebook about the abuse of fireworks ( on July 4th last year and the previous year) may I say , I am not surprised but still applaud. As July 4th , is a celebration of America and it's independence from British rule. However with every event and or situation, there are those who take an extra mile or go overboard and violate the guidelines setforth by the council. Again this should not be surprising . As there are always those who either don't care or don't realize, that they are or have went overboard. However I feel that a alternative of baning fireworks altogether, should be considered. There's an alternative , that is not being considered. The alternative would be to restructure the parameters. One way of restructuring, would be to change the hours of setting off fireworks (in example 5pm to lOpm on July 3rd and July 5th and 5pm to l 1pm on July 4th). Another example of restructuring would be to BANN CERTAIN TYPES OF FIREWORKS, such as " the EXCALIBURS" and other types of loud fireworks . I can remember as a child, there was a bann on fireworks like M-80's, Roman Candles , and other classes of higher caliber of fireworks. I guess what I'm saying is Mr. Mayor and members or council. PLEASE....PLEASE PUT YOUR HEADS TOGETHER AND FIND ANOTHER WAY TO ALLOW WATERLOO TO CELEBRATE THE 4TH OF JULY. Before pulling the plug and banning fireworks altogether. I can't promise that every citizen in Waterloo will comply, with my idea or be in favor of it. But atleast Iam presenting a possible/alternative solution, to the problem. I thank you (Mr. Mayor and members or council) for your time and hope , that you will take some or part of my ideas into suggestion , as a POSSIBLE SOLUTION for the situation. Thank you again Sincerely Duane McNeal 1642 Byron Avenue Waterloo, Iowa 50702 Sent from Yahoo Mail on Android Page 321 of 364 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended,which definitions are incorporated herein by this reference. B. Prohibitions and Use: 1. It shall be unlawful for any person to use or explode any consumer fireworks within the corporate limits of the City of Waterloo. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. 2. The use of consumer fireworks that mimic display fireworks or rise to 150 decibels or to 210 feet elevation is banned from use at all times within the corporate limits of the City of Waterloo unless the user has obtained a permit as outlined in the Code of Iowa. 3. Consistent with the Code of Iowa, use of fireworks within the corporate limits of the City of Waterloo, when such occurs on July 3, 4, and 5, shall only occur on the user's personal real property. Use of fireworks,unless a permit has been obtained, is not allowed on city owned property, public sidewalks, rights of way, streets, parks, or parking lots. Use is not allowed on personal real property if that personal real property is not owned by the user of fireworks unless the owner has given consent prior to use. 4. It shall be prohibited to direct the use of consumer fireworks in any direction other than onto the user's personal real property or the real property where the owner has given prior consent. 5. All consumer firework debris shall be removed from the user's personal real property or wherever such use has resulted in its debris being located. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater,for signal purposes in athletic sports or by railroads or trucks,for signal purposes, by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the State Fire Marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer fireworks is prohibited within the corporate limits of the City of Waterloo except as authorized by Section 5-2-13-13. Page 322 of 364 F.Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than three hundred seventy five dollars ($375.00). G. Enforcement: 1. During the annual periods in which fireworks sales are allowed, this section 13 shall be enforced by police officers, who shall have authority to document violations and issue citations, and said officers shall also respond to related nuisance calls. 2. Citations for violations of 5-2-13 shall be directed to the person observed/found to have violated 5-2-13 or the owner of personal real property on which the evidence exists of violation of 5-2-13.Furthermore,where evidence of violation of the Noise Control Ordinance or Nuisance Property exists, such citations shall be written. All such citations are subject to a minimum$375 fine. 3. The vendors of fireworks shall be monitored during sales periods as to type of consumer fireworks sold and to posting the mandated"Prohibitions on Use". H. Appeal: All persons receiving citations according to 5-2-13 shall have Right of Appeal to the City Council of Waterloo. Page 323 of 364 Section 9-2-3 currently reads: 9-2-3: ENFORCEMENT: A. Fire Chief Responsible; Inspectors: The fire chief shall be responsible for the enforcement of the codes adopted in section 9-2-2 of this chapter. The fire chief may detail qualified members of the fire department as inspectors as shall from time to time be necessary. B. Fire Chief To Prepare Instructions: The fire chief shall prepare instructions for the fire marshal and the fire marshal's assistants, and forms for their use in the reports required by this chapter. (Ord. 4992, 6-21-2010) The proposed new section reads: 9-2-3: ENFORCEMENT: A. Fire Chief Responsible; Inspectors: The fire chief shall be responsible for the enforcement of the codes adopted in section 9-2-2 of this chapter. The fire chief may detail qualified members of the fire department as inspectors as shall from time to time be necessary. The fire chief may appoint other inspectors for enforcement assistance, including the Building Official. The fire chief may also prescribe authority for investigating, inspecting, and enforcing occupancy issues to the police department. B. Fire Chief To Prepare Instructions: The fire chief shall prepare instructions for the fire marshal and the fire marshal's assistants, and forms for their use in the reports required by this chapter. (Ord. 4992, 6-21-2010) Page 324 of 364 CITY OF WATERLOO Council Communication Amendment to the 657A Nuisance Ordinance. City Council Meeting:4/19/2021 Prepared:4/8/2021 ATTACHMENTS: Description Type ❑ Ordinance Backup Material Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3, Nuisances Prohibited, of Chapter 2, Nuisances, Title 4, Public Health and SUBJECT: SafeM and enacting in lieu thereof a Section 3, Nuisances Prohibited, of Chapter 2, Nuisances, Title 4, Public Health and Safety. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By: Martin Petersen. City Attorney Page 325 of 364 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 3, NUISANCES PROHIBITED, OF CHAPTER 2, NUISANCES, TITLE 4, PUBLIC HEALTH AND SAFETY, AND ENACTING IN LIEU THEREOF A SECTION 3,NUISANCES PROHIBITED, OF CHAPTER 2 NUISANCES, TITLE 4,PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 3,Nuisances Prohibited, of Chapter 2,Nuisances, Title 4, Public Health and Safety,is hereby repealed and a new Section 3,Nuisances Prohibited,of Chapter 2,Nuisances,Title 4, Public Health and Safety, is enacted in lieu thereof as follows: 4-2-3: NUISANCES PROHIBITED: If judgment is entered against any person for erecting, causing, maintaining, or continuing a nuisance as defined in this chapter, the person shall be deemed to have committed a municipal infraction and upon conviction thereof shall be punished as provided in the general penalty in section 1-3-2 of this code and any amendments thereto, and the court, in addition to the civil penalty may order any alternative relief to abate the nuisance. (Ord 4572, 9-9-2-2002) The provisions of Iowa Code Chapter 657A shall apply to all property within the jurisdiction of the city. Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: ' 2020 PASSED 1st CONSIDERATION: , 2020 PASSED 2nd CONSIDERATION: ' 2020 PASSED 3rd CONSIDERATION: , 2020 PASSED AND ADOPTED this day of June 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk a� .•3Q'(E R�0': i h�� W Page 326 of 364 Ordinance No. Page 2 Page 327 of 364 CITY OF WATERLOO Council Communication Ordinance amending City of Waterloo Electrical Code. City Council Meeting:4/19/2021 Prepared:4/8/2021 ATTACHMENTS: Description Type ❑ Ordinance Backup Material ❑ amendments Backup Material Motion to receive, file and consider and pass for the first time an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, Electrical Regulations, of Title 9, Building Regulations, SUBJECT: Section 5, National Electrical Code Adoption and Section 6, National Electrical Code Amendments. Motion to suspend the rules. Motion to consider and pass for the second and third time and adopt said ordinance. Submitted by: Submitted By: Greg Alhelm, Building Official Recommended Action: Amend to adopt 2020 NEC amendments. Page 328 of 364 The Administrative Rules Review Committee Hearing, the committee voted to adopt 2020 NEC with an April 1, 2021 effective date. These amendments will remain in place until December 31, 2021. On January 1, 2022, NEC will be adopted without amendments. 9-3-5: NATIONAL ELECTRICAL CODE ADOPTION: A. The 2017 2020 edition of the National Electrical Code, including article 90, chapters 1 through 9, and annex A, B, C, D and H, inclusive, as published by the National Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by reference and is effective as if fully set forth in this chapter.Where, in any specific case, different sections of this chapter specify different materials, methods of construction or requirements,the most restrictive shall govern. (Ord. 5428, 12-11-2017) 9-3-6: NATIONAL ELECTRICAL CODE AMENDMENTS: The provisions of this section specify certain amendments, by deletion, addition, or substitution of the 2017 2020 edition of the National Electrical Code.Where this section states that an article, subsection, enumeration, or exception is deleted, only the specific article, subsection, enumeration, or exception is deleted.Where this section states that an article or subsection is deleted in its entirety, all references listed thereafter associated with the specific article (with subsections, enumerations and exceptions) or subsection (with enumerations and exceptions) are deleted. (Ord. 5392, 3-20-2017; amd. Ord. 5428, 12-11-2017) A. Amendments to 2017 2020 NEC Chapter 2 Amendments: Delete highlighted below 1. 210.12(D) is amended by deleting section 210.12(D). Delete section 210.12(D). 2. 220.12 is amended by deleting the exception to section 220.12 and insert in lieu thereof the following exception: EXCEPTION: Where the building is designed and constructed to comply with an energy code adopted by the local authority, the lighting load shall be permitted to be calculated at the values specified in the energy code. 3. 230-30 Insulation, is amended by deleting the italicized paragraph entitled "Exception" (1) through (4) in its entirety, and adding the following new unnumbered exception: Exception: A grounded conductor shall be permitted to be uninsulated if it is part of a service entrance cable assembly. 4. 230-43.Wiring Methods for 1000 Volts, Nominal, or Less, is amended by deleting items (1) and (6), and by adding the following as a new unnumbered paragraph at the end of the enumerated paragraphs: "Only items (3) Rigid, metal conduit and (4) Intermediate metal conduit may be concealed." S. 230-50(A) Underground Service Entrance Conductors is deleted in its entirety and the following sentence is substituted therefore: "Service lateral conductors shall be installed in a raceway not less than two feet underground." Page 329 of 364 6. 250.52(a)(5) Rod and Pipe Electrodes, is deleted in its entirety and the following is substituted therefore: "Rod electrodes shall be not less than 2.5m (8 ft.) in length, not less than 15.87mm (5/8 inch) in diameter, and shall be copper clad or equivalent." 7. 250.118 Delete Items #5, #6 and #7 and insert the following: (5) All listed flexible metal conduit shall contain a wire type equipment grounding conductor. (6) All listed liquid tight flexible metal conduit shall contain a wire type equipment grounding conductor. (7) All flexible metallic tubing shall contain a wire type equipment grounding conductor. (Ord. 5428, 12-11-2017; amd. Ord. 5445, 3-26-2018) B. 2017 NEC Chapter 3 Amendments: 1. 300.13(B) Device Removal is deleted in its entirety and the following is substituted therefore: "(B) Device Removal. In all circuits the continuity of conductors shall not be dependent upon device connections where the removal of such devices would interrupt continuity." 2. 310.15(b)(7) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders), is deleted in its entirety. C. Chapter 4 Amendment: 1. 406.4(D)(4) is amended by deleting section 406.4(D)(4). Delete section 406.4(D)(4). (Ord. 5428, 12-11-2017) Page 330 of 364 Delete section 210.8(A)and insert in lieu thereof the following new section: 210.8(A)Dwelling Units. All 125-volt receptacles installed in locations specified in 210.8(A)(1)through 210 8(A)(ll)shall ground-fault circuit-intemipter protection for personnel. (1) Bathrooms (2) Garages and also accessory buildings that have a floor located at or below grade level not intended to be habitable rooms and limited to storage areas work areas or similar use (3) Outdoors Exception to(3): Receptacles that are not readily accessible and are suppled branch circuit dedicated to electrical snow-melting deicing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22 as applicable. (4) Crawl spaces—at or below grade level (5) Basements Exception to(5): A receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be required to have ground-fault circuit-interrupter protection. Informational Note: See 760.41E and 760.121(B) for power supply requirements for fire alarm systems. Receptacles installed under the exception to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(6) (6) Kitchens—where the receptacles are installed to serve the countertop surfaces (7) Sinks—where receptacles are installed within 1.8 m(6 ft)from the top inside edge of the bowl of the sink Boathouses (9) Bathtubs or shower stalls—where receptacles are installed within 1.8 m(6 ft)of the outside edge of the bathtub or shower stall (_I0) Laundry areas Exception to (1) through (3), (5) through (8), and (10): Listed locking support and mounting receptacles utilized in combination with compatible attachment fittings installed for the purpose of serving a ceiling luminaire or ceiling fan shall not be required to be ground-fault circuit-interrupter protected. If a general-purpose convenience receptacle is integral to the ceiling luminaire or ceiling fan,GFCI protection shall be provided. (11) Indoor damp and wet locations Delete section 210.8(F). This-ml&-K i�wil4ed lo-im*meAtlovaa_Cade-chapter�103. 9-3-7: 2017 NEC ANNEX H AMENDMENTS: !!! 80.9(C) Additions,Alterations, Or Repairs, is amended by adding the following: It is prohibited by this ordinance to perform any repair, add to, or revamp any residential service less than 60 ampere electrical service. 80.13 Authority, subparagraph (13), is amended by inserting a period after the words "ready for inspection", and deleting the words, "and shall conduct the inspection within days." 80.15 Electrical Board, is deleted in its entirety and the following is substituted therefor: ARTICLE 2. BOARD OF ELECTRICAL EXAMINERS AND APPEALS Membership; Appointment Of Members; Term Of Office (a) Establishment Of The Board. There is hereby established a board of electrical examiners and appeals, hereinafter referred to as the "board," with authority and responsibility as follows: Page 331 of 364 (1) To act as a board of appeals as provided in the Waterloo electrical code. (2) To periodically review the provisions of the Waterloo electrical code and make recommendations to the building official for improving and updating said documents. (b) Composition Of The Board. The board shall consist of five (5) members, all of whose place of business, residence, or work is located in the city of Waterloo.All members shall be qualified by experience and training to pass judgement upon matters pertaining to electrical construction. The membership shall be as follows: Two licensed electrical contractors, one licensed, working electrician, a representative from a public utility company furnishing electrical power to the city, one electrical engineer capable of designing systems governed by this code. The electrical inspector shall serve as secretary to the board. Said board shall serve without compensation. (c) Appointment Of Members And Terms Of Office. The members of the board of electrical examiners and appeals shall be appointed by the mayor with the approval of the city council.After initial appointment of the board the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered so that the terms of no more than two members shall expire any one year.A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only. Powers And Duties Of The Board The board of electrical examiners and appeals shall have the following powers and duties: (a) To act upon reports of violations by licensed master electricians and journeyman electricians as filed by the electrical inspector with the board. (b) To keep a complete record of the official proceedings of the board; to preserve all documents, books and papers relating to appeals and hearing of complaints and charges for at least three years. (c) To hear appeals from the decision of the electrical inspector and to rule on interpretations of the provisions of the Waterloo electrical code, and to determine the suitability of alternate materials and methods of construction consistent with the provisions of the Waterloo electrical code. Meetings; Records (a) All meetings of the board of electrical examiners and appeals shall be held in the council chambers, or other location indicated in a public notice posted 24 hours prior to any meeting. (b) Three members of the board shall constitute a quorum for the transacting of all business, but any action taken by the board shall require a majority vote of all members of the board. (c) The board shall annually elect one of its members as chairperson of the board. (d) The secretary of the board shall keep a record of the board meetings and register the names and residences of all persons examined by the board and the kind of electrical license issued to each, if any. Right Of Appeals Any person shall have the right to appeal any decision of the electrical inspector to the electrical board of examiners and appeals by filing a written notice of such appeal with the electrical inspector within ten (10) days from the date of the inspector's decision. The Page 332 of 364 board shall forthwith fix a time and place of hearing such appeal which shall not be less than five (5) days nor more than fifteen (15) days after the date of filing of the notice of such appeal, and the electrical inspector shall notify the appellant in writing by registered mail of the time and place of such hearing.After the hearing of said appeal,the board may sustain or overrule the decision of the electrical inspector. Decision of the board shall be final unless appealed to the courts as by law provides. 80.19(a) is amended by adding the following line item #3: Permit For Installation By Homeowner 3. A permit application may be submitted by the homeowner and, upon approval and payment of required fees, an electrical permit shall be issued. Such permit authorizes the owner only to install electrical equipment in the dwelling owned and occupied by the owner, without license or certificate of insurance, and without help from persons other than family members. If at any time during the permit or inspection process, the chief electrical inspector determines the homeowner is unqualified to perform the electrical work,the homeowner will be required to hire a licensed electrical contractor to perform the electrical work. 80.19(c1) is amended by adding the following sentence at the end of the section: A permit is not required for these repairs if the cost of the repairs does not exceed $300.00. 80.19(e) is amended by adding the following: Fees (a) Payment of fees for electrical permits shall be made on or before the tenth day of the month following the date of application for the permit or the date of the statement from the electrical inspector.All fees shall be payable to the city of Waterloo.All accounts over 60 days due will be put on a "hold" status until brought current. (b) Inspection fees shall be paid in such amounts as established by resolution by the city council. Inspections 80.19(f) Inspections And Approvals, subparagraph (3), is amended by deleting the words "or until days have elapsed from the time of such notification". 80.23(b) Penalties, subparagraph (3), is deleted in its entirety. 80.25(c) Notification is deleted in its entirety. Page 333 of 364 80.27 Inspector's Qualifications is amended by deleting said section in its entirety and substituting the following therefor: 80.27 Inspector's Qualifications. ARTICLE 3. ELECTRICAL INSPECTOR Appointment; Qualifications (a) The electrical inspector is hereby authorized, directed and empowered to inspect any and all buildings, structures, tents and premises, public and private, and, as provided in this ordinance,to condemn and order removed or remodeled and put into proper and safe condition for the prevention of fire and for safety to life and property, all electrical equipment installations and connections of electrical current for light, heat and power purposes, and to control the disposition and arrangement of such equipment so that persons and property shall not be in danger therefrom. (b) The electrical inspector shall have successfully passed any and all examinations administered by the civil service commission, have been recommended to said position by the building official, appointed by the mayor, and confirmed by the majority of all members of the city council. (c) The appointee shall: (1) Be a qualified electrician and shall have at least five years of practical experience in the electrical trade or five years of experience as an electrical inspector, or, in lieu of such experience, shall be a graduate in electrical or mechanical engineering of a college or university considered by the personnel director as having suitable requirements for graduation, and shall have had two years of practical electrical experience; and (2) Be possessed of such executive ability as requisite for the performance of required duties and have thorough knowledge of the standard material and methods used in the installation of electrical equipment; and (3) Be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and in the national electrical code. (d) The electrical inspector shall hold a current master or journeyman electrical license with the state of Iowa or shall be required to pass an examination prior to his/her appointment. Page 334 of 364 (e) He/she shall hold membership in the International Association Of Electrical Inspectors. 80.28 Licensing, is added as follows: (a) License Required 1. Electrical licenses shall be governed by Iowa Code chapter 103, Electricians And Electrical Contractors (2008). (b) State Of Iowa Class B License.All state of Iowa class B journeyman's license will be accepted by the city of Waterloo.A state of Iowa class B master electrician's license will be accepted if the electrician has held a Waterloo license after January 1, 1990. (c) If you have a state of Iowa electrical contractor's license and wish to pull a permit in the city of Waterloo, a one-time registration fee of$150.00 will be charged if you have never held a city of Waterloo license. (d) Licenses are not transferable, nor shall they be loaned or rented. (Ord. 5392, 3-20-2017) 9-3-8: PENALTY; ABATEMENT OF VIOLATIONS: A.Any person violating any provision of this chapter shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be punished accordingly. B. If any electrical work, including construction or repair, is performed within the city contrary to the provisions of this chapter, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this chapter. C. The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this chapter or the national electrical code, or the omission or failure to perform any act or duty required by this chapter or the national electrical code, is, unless another penalty is specified, punishable as provided in section 1-3-2 of this code. (Ord. 5392, 3-20-2017) 9-3-9: APPLICABILITY OF CHAPTER TO EXISTING BUILDINGS: A. If any existing building is damaged due to fire, natural disaster or otherwise,the areas that are damaged shall be brought up to current city and national codes. If other areas of Page 335 of 364 the building are altered or repaired due to damages that occurred, these areas must also be brought up to the current codes. B. If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of the current city and national codes for the new type of occupancy. (Ord. 5392, 3-20-2017) 9-3-10: MOVED BUILDINGS: A. Residential moved buildings shall be brought into compliance with the electrical requirements of new residential type buildings. Exception: Parts of an electrical system which were not damaged and had been installed in compliance with the electrical code which was in effect at the time of installation may be retained in said electrical systems. B. Electrical systems in any other moved buildings shall be brought into compliance with the provisions of this code the same as for new construction. C. The permanent service connection shall not be made by the power company until the electrical system is completely installed, and is approved by the inspector. D. The existing service on the moved building shall not be connected to the electrical power source unless specifically approved by an inspector. (Ord. 5392, 3-20-2017) 9-3-11: DISCLAIMER: This chapter shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming such liability by reason of the inspection or reinspection authorized in this chapter or the certificates of approval issued as provided in this chapter, or by reason of the approval or disapproval of any equipment authorized in this chapter. (Ord. 5392, 3-20-2017) 9-3-12: LIABILITY OF ELECTRICAL INSPECTOR: The electrical inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself liable personally and he/she hereby is relieved from all personal liability for any damage that may accrue to person or property as Page 336 of 364 a result of any act required or by reason of any act of omission in the discharge of his/her duties.Any suit brought against the city because of such act or omission performed by him/her in the enforcement of any provisions of this chapter shall be defended by the city. (Ord. 5392, 3-20-2017) 9-3-13: RESERVED: (Ord. 5392, 3-20-2017) 9-3-14: UNLAWFUL CONNECTIONS: It shall be unlawful for any person to make connection from a supply of electricity to any electric equipment that has been installed or which has been disconnected or ordered to be disconnected by the electrical inspector, until inspected and approved by the electrical inspector. (Ord. 5392, 3-20-2017) 9-3-15: INSPECTION OF WIRING REQUIRED PRIOR TO INSTALLATION OF METER: It shall be unlawful for any person to set a meter for electric purposes to any building or premises,wiring of which has not been inspected and approved by the electrical inspector. A violation of this section will cause the electrical inspector to give written notice and immediately cause the removal of such conditions and the discontinuance of such current. (Ord. 5392, 3-20-2017) 9-3-16: ALTERATION OF IDENTIFICATION OR RATING MARKINGS: It shall be unlawful to cover, remove, alter, change, or deface the maker's name or identification mark or any of the rating markings on electrical equipment. (Ord. 5392, 3-20- 2017) 9-3-17: CONFLICT OF INTEREST: It shall be unlawful for the electrical inspector or assistant electrical inspectors to engage in the business of the sales, installation or maintenance of electrical equipment either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city of Waterloo, at any time,while holding said offices. (Ord. 5392, 3-20- 2017) Page 337 of 364 Page 338 of 364 Ordinance No. 5392 Chapter 3. Electrical Code Article 1 . Electrical Regulations Generally 9-3-5: NATIONAL ELECTRICAL CODE ADOPTION: Add: Administrative Rules Review Committee Hearing voted to adopt the 2020 NEC with an April 1 , 2021 , effective date. A. The 2017 edition should be amended to read "The 2020 edition" 9-3-6: NATIONAL ELECTRICAL CODE AMENDMENTS: Add: These amendments will remain in place until December 31, 2021. On January 1 , 2022, the 2020 NEC will be adopted without amendments. "substitution of the 2017 edition of the National Electrical Code. should be amended to read "substitution of the 2020 edition of the Electrical Code." A. Amendments to the 2017 NEC Chapter 2 Amendments: should be amended to read A. Amendments to 2020 NEC Chapter 2 Amendments: DELETE under 9-3-6: NATIONAL ELECTRICAL CODE AMENDMENTS: 1.210.12 (D) 2.220.12 3.230-30 4.230-43 5.230-50(A) 6.250-52(a)(5) 7.250.118 B.2017 NEC Chapter 3 Amendments: 1.300.13(B) 2.310.15(b)(7) C. Chapter 4 Amendment: 1.406.4(D)(4) Page 339 of 364 Add the following: Delete section 210.8(A) and insert in lieu thereof the following new section: 210.8(A) Dwelling Units. All 125-volt receptacles installed in locations specified in 210.8(A)(1) through 210.8(A)(11) shall ground-fault circuit-interrupter protection for personnel. (1) Bathrooms (2) Garages and also accessory buildings that have a floor located at or below grade level not intended to be habitable rooms and limited to storage areas, work areas or similar use (3) Outdoors Exception to (3): Receptacles that are not readily accessible and are suppled branch circuit dedicated to electrical snow-melting, de-icing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22, as applicable. (4) Crawl spaces — at or below grade level (5) Basements Exception to (5): A receptacle supplying only a permanently installed file alarm or burglar alarm system shall not be required to have ground-fault circuit-interrupter protection. Informational Note: See 760.41 B and 760.121(B) for power supply requirements for fire alarm systems. Receptacles installed under the exception to 201.8(A)(5) shall not be considered as meeting the requirements of 210.52(G) (6) Kitchens — where the receptacles are installed to serve the countertop surfaces (7) Sinks —Where receptacles are installed to serve the countertop surfaces (8) Boathouses (9) Bathtubs or shower stalls —where receptacles are installed within 1.8 m (6 ft) of the outside edge of the bathtub or shower stall (10) Laundry areas Exception to (1) through (3), (5) through (8), and (10): Listed locking support and mounting receptacles utilized in combination with compatible attachment fittings installed for the purpose of serving a ceiling luminaire or ceiling fan shall not be required to be ground-fault circuit-interrupter protected. If a general-purpose convenience receptacle is integral to the ceiling luminaire or ceiling fan, GFCI protection shall be provided. (11) Indoor damp and wet locations Delete section 210.8(F) Page 340 of 364 CITY OF WATERLOO Council Communication 4:25 p.m. Work Session City Council Meeting:4/19/2021 Prepared: Submitted by: Submitted By: Page 341 of 364 CITY OF WATERLOO Council Communication Complete Street minutes of February 23, 2021. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Complete Street minutes of February 23, 2021. Submitted by: Submitted By: Page 342 of 364 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting February 23, 2021 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm February 23, 2021 by Chairperson Cass. Due to the COVID-19 pandemic the meeting was held via the Zoom online meeting application. Roll Call: Members present electronically: Felicia Cass, Sandi Greco, Jessica Rucker, David Sturch, Anne Marie Kofta, John Dornoff, Brian Schoon, Pat Morrissey, Ray Feuss, Wayne Castle, Codie Leseman, Paul Huting, Will Frost, Greg Young and Aric Schroeder. Members absent were: Matt Schindel. Other people attending: Kevin Blanshan—INRCOG; Tony Bower and Jeff Hillegonds—Stanley Consultants; Travis Kraus and Steven Spears—University of Iowa/Iowa Initiative for Sustainable Communities; Michelle Sweeney and Larry Wiele—AECOM. It was moved by Morrissey, seconded by Schroeder to approve the minutes of the January 19, 2021 meeting. Motion carried unanimously. 1. Presentation by Stanley Consultants-Downtown Bridges • Currently in design portion of the project and design ascetics. • Hosted value planning workshop in December 2019. • Gather survey along corridors. • Conducted Cultural Resources Studies. • Looking at two 11' lanes, 4 ft. shoulders, and 11' trails on both sides along with 8' overlooks. • Separation barriers between autos and active transportation. • Looking at ornamental rails on bridges. • Trying to remember the existing bridge. • Possible colored lighting. • Different options for the railing design. • Feature lighting along walking surface and colorful lighting along outer edge of bridge. • Looking at different treatments for the concrete barriers between automobiles and active transportation. • Looking at options for piers. • Possible color treatments on piers possibly make it look it like limestone or brick. • Will not be raising the bridge extensively. • There will be a mid-block crossing on the east side of the Park Avenue bridge. • Possible diagonal parking lanes along Park Avenue. • Trail under bridge will not change except with the raising of bridge there will be better clearance. • 11th Street will have two 11' lanes, with a 11' trail on one side and a 4' shoulder on the other side of the bridge. • 11th Street will be raised to eliminate the necessity of closers during high water times. • 3 lane section of 11th street from Commercial to the new bridge. • Enhancing the bicycle facilities with wider path and connection to the existing trail along west side of river. • Extending 3 lane section to Sycamore Street. Page 343 of 364 Complete Streets Advisory Committee February 23,2021 • Pavement markings to transition to 3 lanes east of Sycamore. • Detailed design continuing until spring 2021. • Project letting no letting no later than September 2021. • Bridges will be closed for 12th months. • Schroeder asked about the midblock crossing and the thought process to which the consultants answered that due to there being only one access on the north side it would allow for people from the south side to cross and access the trail. • Castle noted that there will be a plaza on the south side of Park Avenue. • There is polling on different options on the http://www.waterloobridgesproject.com website. • Cass wanted to be sure that there is cohesiveness in all the projects in the area. • Main Street Waterloo is looking for continuity in the downtown area. • Morrissey would like to see high performance concrete used and believes that Park Avenue needs to be reconstructed. • Rucker feels that the black railings will be more in keeping with what else has been done in downtown Waterloo. 2. Presentation by University of Iowa Students • Kraus stated that he was a former planner. • Program looking at 18 projects in the City of Waterloo. Projects: 1. Church Row Neighborhood Plan 2. Church Row Sustainable and Equitable Transportation Plan 3. Waterloo Downtown Parking Study 4. Demolition vs. Rehab Cost/Benefit Analysis 5. Law Enforcement, Mental Health, and Community Relations 6. Housing Policy Briefs 7. Housing Policy Briefs-Implementation 8. Fair Chance Initiative Legal Analysis 9. Waterloo Public Art 10. Waterloo Library Marketing and Public Relations Campaign 11. Public Library Account Holder spatial analysis 12. Civil Rights Oral History Project 13. Neighborhood Mapping 14. Fire Rescue Community Risk Assessment 15. Sump Pumps and Piping Systems 16. Prairie Trail Bridge Replacement 17. Master Plan for former Edison School site 18. Pedestrian overpass for rail crossing on East 4th Street • Engineering projects are being done by seniors as a Senior Capstone project. • Final deliverables will be on the school's website. • Did plan for Church Row to improve safety and accessibility. 0 5 second year planning students worked on plan. o Looked at volume and crash heat maps. o Issues with West Yd Street along with the 4th/5th/6th couplet. o Looked at urban condition and safety. o What easy fixes could help the area? 2 Page 344 of 364 Complete Streets Advisory Committee February 23,2021 0 4th/51h are great for moving cars fast but bad for pedestrians and bicyclists. 0 5th could be reduced by a lane and not affect traffic. 0 3rd street has fast traffic and few traffic calming. o Recommending reducing street widths and parking strips. o Look at both one-way and two-way options. o Either option could change character of street and safety. o Looked at stop signs, lane lines, and bus amenities on 3rd street to slow travel speeds. o High visibility cross walks near Irving Elementary School, warning beacons, etc. 0 4th street redesigned to 2-lane road, high visibility crossswalks, bike lanes, and roundabout at 4th/5th/Kimball. o Some of the larger parks in the area are not accessible. o Church row is blocked off from the recreational trails, needs to be connections. o Connection proposed under US Highway 63. o Possible redesign of Yd street that would include bike lanes. • Recommendations: Complete Streets treatment, possible 1 way to 2 way conversions, high visibility cross walks, connections to trails. • Sweeney noted that there will be a connection to the University Avenue trail that will go through the north part of Church Row, and AECOM is looking at the conversion of 4th/5th/6th to two way streets. • AECOM is looking at the whole one-way section of 4th/5th/6th. • Morrissey appreciates the work of the students on 3rd street since he lives on the street. • Frost agrees the thought process that the students went through. • Cass asked if the heat map showed all crashes including pedestrian and bicycles to which Spears said yes. • Cass asked Spears about the funding to which he went over the funding system he talked about. • Leseman asked if the city was interested in the kinds of treatments that is being discussed by the students. • Spears stated there needs to be more pedestrian crossings. 3. MET Update • No updates at this time. 4. Upcoming Planning Commission Agenda Review • Schroeder went over the Planning and Zoning Commission agenda. • Rezone on 6415 Kimball Avenue that is a farm house. • Special Permit for Peoples Community Health Clinic. 5. Other Proiect Status Updates • Just starting project to study making 4th/5th/6th Streets couplets into two-way streets. • Start having stakeholder meetings on La Porte Road in April. • Construction should restart on University Avenue in March. • Cass asked who has responsibility for continuity in projects in the city to which different departments look at it but it is being looked at it more recently. • AECOM will be on next month to discuss their projects. • Letting was done in January for the final esthetics for the US Highway 63 project. 3 Page 345 of 364 Complete Streets Advisory Committee February 23,2021 • The recreational trail from Newell to Parker should be constructed this summer. • Ridgeway project is currently at a stalemate due to lack of funding, Knutson does not feel that local option can support it for several years. • Portion of Shaulis Trail from Cedar Terrace to the Cedar River Nature Trail has been let. 6. Other Discussion Items • Cass noted that the meetings are now the last Tuesday of the month so next month the meeting will be on March 30th, noting that is a 5th Tuesday. Adjournment Cass adjourned the meeting at 3:15p.m. Respectfully submitted, John Dornoff Planner I 4 Page 346 of 364 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of February 16, 2021. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Historic Preservation Commission minutes of February 16, 2021. Submitted by: Submitted By: Page 347 of 364 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING—FEBRUARY 16, 2021—4:30 P.M. Meeting was held by Zoom online meeting application Hedrick called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance electronically were: Ed Ottesen, Terry Stevens,Nick Hedrick, Mathew Gilbert, and Susan Price. Commission Member(s) absent were: Alice Rohret Others present electronically: John Dornoff—Planning Staff; Ed Gallagher—Grout Liaison; Pat Morrissey—City Council Liaison; and Kylie Raubs—Applicant. Approval ofAzenda Motion made by Price, seconded by Hedrick to approve the agenda of the February 16, 2021 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Hedrick to approve the minutes of the January 20, 2021 meeting. Motion carried unanimously. Oral Presentations None Hearings 1. Request by Kylie & Jacob Raubs for a Certificate of Appropriateness to put on a new roof at 132 Alta Vista Avenue. Dornoff read the staff report. Raubs stated that the roof is getting in bad condition and needs replacing. Possibly had asphalt shingles before this. Price asked if the change will change the appearance to which Raubs stated that she did not think it would change the appearance. Hedrick does not think it will change the appearance of the building. It was moved by Hedrick, seconded by Price, to approve the request by Kylie &Jacob Raubs for a Certificate of Appropriateness to put on a new roof at 132 Alta Vista Avenue.. Motion passed unanimously. 2. Request to approve the 2020 Certified Local Government Report Page 348 of 364 Morrissey mentions the lack of the Dunsmore House and that there is no budget for the commission. Morrissey says the commission should set up a budget subcommittee and submit a budget on a yearly basis. Morrissey will be willing to take some recommendations to the city council. Stevens thinks the Dunsmore house should be included in the budget. There needs to be institutions on the eastside to which Morrissey agrees. Morrissey says that the planning department needs to create a north side office for historic preservation. Morrissey says that there is probably a half acre of land that could tell history and the commission could have their awards banquet there in a tent. Stevens says that Highland and Walnut always get consideration while the rest of the eastside gets nothing. Ottesen stated that it probably cost twice as much to do any other use for that building. Morrissey discusses the history of restoring the Gilbertville Depot and cannot see why it can't happen to the Dunsmore House. Feels the city wants to tear down the house and it restoring it gets dismissed every year. Stevens says if the city can put in money that helps big business there is no reason why they cannot get behind restoring the Dunsmore House. It was moved by Stevens, seconded by Price to approve the Certified Local Government Report. Motion passed unanimously. Building Consultation None Reports 1. Main Street Taste D'Loo will be a month long event due to COVID. 2. Silos and Smokestacks. No Report 3. Grout Museum Partially opened with new exhibits, with lots on news on Facebook from the museum. 4. Building Update Dornoff went over the report to from the Architects about the possible future rehabilitation of the Dunsmore House. -2- Page 349 of 364 5. Project Update None 6. Highland None 7. Walnut None Discussion Items/Possible Action Items 1. Goals and Action Plan Just continue on for existing goals. 2. HPC Awards Banquet 2021 Start preparing to go virtually with since it looks like the Grout will be out of the picture. 3. School Proi ect Stevens wants to move the meeting to fall. 4. Demolitions/City Owned Properties Morrissey wants to see 657A homes gone through to see what pieces could be reused. Design Guidelines Adiournment Ottesen adjourned the meeting at 5:31p.m. Respectfully submitted, )� '�-" 4 John Dornoff Planner I -3- Page 350 of 364 CITY OF WATERLOO Council Communication Planning, Programming and Zoning special meeting minutes of February 2, 2021 and regular meeting minutes of February 19, 2021. City Council Meeting:4/19/2021 Prepared:4/7/2021 ATTACHMENTS: Description Type ❑ special minutes Backup Material ❑ regular minutes Backup Material SUBJECT: Planning, Programming and Zoning special meeting minutes of February 2, 2021 and regular meeting minutes of February 19, 2021. Submitted by: Submitted By: Page 351 of 364 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION SPECIAL MEETING-4:00 P.M. FEBRUARY 2, 2021 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:03 p.m. by Zoom. Members present electronically were: Virginia Wilber, Sylvia Jackson, Brandon Schoborg, Patrisha Serfling, Cody Leistikow, Craig Holdiman, Steve Trost, and Eric Donat. Members absent were: Sue Flynn. Others present electronically: Noel Anderson—Community Planning and Development Director; Aric Schroeder, Tim Andera, Seth Hyberger and John Dornoff—Planning Department; Dave Boesen-At-Large City Council Member, Sydney Czyzon—Waterloo Courier; Brian Schoon and Nick Fratzke—INRCOG. I. Approval of the Agenda It was moved by Donat, seconded by Leistikow to approve the agenda. Motion carried unanimously. II. Agenda Items A. Comprehensive Plan Update Schoon explained the role of the planning commission in the comprehensive plan update. Schoon then explained about the group who was brought together and was asked a serious of questions about various important issues that involve the comprehensive plan. Schoon explained the answers including why some would be in opposition to each other. Commission's job is go through the comments and decide what the goals of the city should be and help INRCOG draft goal statements. Zoning Ordinance does the details. Schoon goes over agricultural, collaboration, community character, opportunities, availability of physical facilities and their condition, what are key concerns, hazards, housing, infrastructure, economic development, land use, and transportation. Donat asked if the meetings were done during COVID-19 and how did that affect the answers to which Schoon stated that it was also done by video conference and harder to get verbal feedback during the meeting. Schoon said he will not flood the plan with COVID-19 because the plan will extend substantially beyond the COVID-19 period. Hyberger noted the need for better broadband service. Wilber asked when others get involve in the process and who will work on the project to which Schoon gave examples of groups who will be involved and how they would be involved. Schoon noted that they were able to answer some of the questions or beliefs that the community group had. Page 352 of 364 Planning and Zoning Commission February 2,2021 Housing is a big concern for the community whether it is cost, location, type, etc. and is on the radar both in Waterloo and elsewhere. Concern over what will happen with the COVID crises when it comes to the housing situation and will have the biggest impact of any area that is being discussed. INRCOG is currently working on a housing needs assessment. Donat asked if they had persons with disability on the group to which Schoon said that the head of MET transit was in the group and members of the Waterloo Housing Trust Fund. Leistikow noted that there wasn't a particular industry mentioned. Schoon explained how the 2003 was put together. III. Adjournment It was moved by Donat, seconded by Schoborg, to adjourn the meeting at 5:34 p.m. Motion carried unanimously. Respectfully submitted, J�a� John Domoff, Planner I - 2 - Page 353 of 364 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. FEBRUARY 9, 2021 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. via zoom. Members present electronically were: Virginia Wilber, Steve Trost, Brandon Schoborg, Sylvia Jackson Patrisha Serfling, Cody Leistikow, Craig Holdiman and Eric Donat. Members absent were: Sue Flynn. Others present electronically: Noel Anderson—Community Planning and Development Director: Aric Schroeder, Chris Western, and John Dornoff—Planning Department; Jonathan Grieder—Waterloo City Council; Jaime Knutson—City Engineer; Maria Downing—Code Enforcement, Martin Petersen—City Attorney and 6 citizens. I. Approval of the Agenda It was moved by Schoborg, seconded by Serfling to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on January 12, 2021. It was moved by Holdiman, seconded by Schoborg to approve the minutes. Motion carried unanimously. III. Financial Report December, 2020 Schroeder read the financial report. It was moved by Jackson, seconded by Holdiman to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no oral presentations. V. New Business A. Hearing-Rezone 1. Request DGOGWaterlooia11042020 LLC to rezone approximately 3.46 acres from "A-1" Agricultural District to "C-P"Planned Commercial District for construction of a single retail store located northeast of 2600 East Shaulis Road. It was moved by Serfling, and seconded by Leistikow to receive and place on file the statement of verification at 4:04 p.m. Motion carried unanimously and Wilber declared the hearing open. Hyberger read the staff report recommending approval of the rezone request with the following conditions: 1) That sidewalk be installed along the frontage of the property, 2) That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road, 3) That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing and related elements (painting, signage and wired rectangular rapid flashing beacons) in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety, 4) That a street light be installed within the right-of-way of Page 354 of 364 Planning and Zoning Commission February 9,2021 Shaulis Road at the proposed driveway, 5) That the landscape plan is updated in order to incorporate 4 recommendations from the Highway 218 Corridor Design Review Board(list tree/shrub species that are diverse and suitable to climate; update landscape plan to cluster trees with a more natural appearance; group shrubs together within parking lot and near building in a larger bed of mulch; and utilize parking lot islands to better cluster shrubs and 6) That the roof contains a solid color to reduce or eliminate glare. Donat asked if it was near Harmony House to which Schroeder responded it is 5 to 6 miles away. Wilber asked if the turn lane is only part of the Shaulis Road improvements and when will the reconstruction happen to which Schroeder responded that the turn lane was not part of the original design of the road but it was only a change in paint and Knutson responded that it is being reviewed by DNR but should happen this year. Wilber was concerned about the increased traffic especially the truck traffic in the area and asked if traffic engineering had checked sight lines and has analyzed the road. Rusty Doss, engineer for DOGOWaterlooial 1042020 said that there was not a concern from traffic and just requested some trees be eliminated from the right-of-way which may improve sight lines. Knutson noted that there would be stop lights at the entrance to the new theme park and they will be tied in with the lights at Isle of Capri Blvd and the Shaulis/Dysart/US 218 interchange. Trost noted that many Dollar Generals have metal siding but appreciates that this one will be masonry. Donat asked if the second phase of construction on Shaulis Road to Hess Road will affect Harmony House to which Schroeder responded no. It was moved by Trost, seconded by Holdiman to close the public hearing. Motion carried unanimously. The hearing was closed at 4:28 p.m. It was moved by Leistikow, seconded by Donat to recommend approval of the rezone request with the following conditions: 1) That sidewalk be installed along the frontage of the property, 2) That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road, 3) That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing and related elements (painting, signage and wired rectangular rapid flashing beacons) in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety, 4) That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway, S) That the landscape plan is updated in order to incorporate 4 recommendations from the Highway 218 Corridor Design Review Board(list tree/shrub species that are diverse and suitable to climate, update landscape plan to cluster trees with a more natural appearance;group shrubs together within parking lot and near building in a larger bed of mulch; and utilize parking lot islands to better cluster shrubs and 6) That the roof contains a solid color to reduce or eliminate glare. Motion carried unanimously. 2. Request by the City of Waterloo to rezone approximately 17.50 acres from "A-1"Agricultural District and"M-1"Light Industrial District to "C-P"Planned Commercial District and"B-P" Business Park District located at 700 Falls Avenue. It was moved by Donat, and seconded by Leistikow to receive and place on file the statement of verification at 4:32 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending approval of the rezone request noted that he had received 3 calls from people who received the notice map who were not opposed to the request. Pam and Gary Peverill, 216 Black Hawk Road, stated that they have lived at their house for 37 years and have enjoyed watching the wildlife in the area and their children and grandchildren have played on the site for many years and are worried about their property values. - 2 - Page 355 of 364 Planning and Zoning Commission February 9,2021 Dornoff explained the process of a Site Plan Amendment, noting that any proposed development will have to come back through the approval process. It was moved by Holdiman, seconded by Schoborg to close the public hearing. Motion carried unanimously. The hearing was closed at 4:50 p.m. It was moved by Schoborg, seconded by Donat to recommend approval of the rezone request. Motion carried unanimously. B. Special Permit 1. Request by Patrice Keti for a Special Permit to allow for a religious facility to be located at 722 Water Street in a"C-3" Central Business District. Western read the staff report recommending approval of the request with the condition that the final site plan and floor plan meets all applicable city codes, regulations, etc., including building codes and fire codes and an Architectural review. Donat asked if there was concerns about a church development before and asked if this was a different request to which Western said it was different. Patrice Keti, 1211 Lois Lane, stated that he had a floor plan for the space his church is using. Wilber asked about the concerns that have been brought up about the facility to which Western responded that there is a rental residence in the building that complained about the noise but the residence is not legal, not registered, and has code violations and is located in a commercial building. Western noted that there has been complaints from the occupants and from building officials about emergency exits being blocked. Wilber asked if the commission can vote to approve the building for a special permit or only this specific applicant to which Western responded that is correct but the second religious facility will need to talk to the building department and get an architectural review also. Holdiman asked for clarification if there was a second religious facility in the building to which Western answered yes there is. Trost noted that the commission's responsibility to look if it meets the zoning ordinance and the other items are not the responsibility of the commission to which Western agreed and stated that it was mentioned to give a full overview of the situation at the building. It was moved by Trost, seconded by Donat to recommend approval of the special permit that is specific to the space leased by Patrice Keti with the condition that the final site plan and floor plan meets all applicable city codes, regulations, etc., including building codes and fire codes and an Architectural review. Motion carried 7-1 (Donat voting no). C. Encroachment Agreement 1. Request by Nihad Masic for an Encroachment Agreement to allow for the parking of automobiles for sale located north and west of 312 Kothe Avenue in the "M-1"Light Industrial District. Hyberger read the staff report recommending denial of the encroachment agreement. Jacob Lehman 323 Kothe, stated that the applicant has parked cars on their property and has plowed snow onto neighbor's property and may lose a tenant due to the issues with the applicant. In the spring code enforcement towed several cars due to being in the right-of-way. Jessica Young, 318 West 3rd Street, speaking on behalf of the applicants stated that the applicants are just starting out in business and the applicants are not familiar with these types of meetings. Received - 3 - Page 356 of 364 Planning and Zoning Commission February 9,2021 permission from the Iowa DOT to use the area for auto sales. Feel that the concerns are being exaggerated. Letting the applicant proceed will improve the neighborhood and the problems with the building is due to issues with the contractor for the building. Schroeder explained the extra process of vacating former property that was originally acquired for state highways and that IDOT licensed them to sell cars but not to be able to use the right-of-way. Trost asked about the zoning code violation to which Schroeder responded that the building was originally only a cold storage building and had no office and the zoning ordinance requires a sales lot to have an office at the location. Knutson noted that this has been ongoing since 2016 and they have failed to follow the drainage plan that was submitted back in 2016. Schroeder noted that if the applicant wants to proceed an Encroachment Agreement will need to be drawn and up signed before it can proceed to city council. It was moved by Donat, seconded by Holdiman to recommend denial of the encroachment agreement. Motion carried unanimously. D. Street Naminiz 1. Request by Kasim Mustedanagic to name a private street Aidin Way located south of 4245 W. 4th Street in the "R-1" One and Two Family Residence District. Dornoff read the staff report recommending approval of the request. There was no comments on the request. It was moved by Serfling, seconded by Donat to recommend approval of the street naming. Motion carried unanimously. E. Plans and Studies 1. Update by the City of Waterloo for adoption of the University Avenue Area Urban Renewal and Redevelopment Plan and TIF District. Schroeder read the memo and explained the plan. There was no comments on the request. It was moved by Schoborg, seconded by Donat to recommend approval of the request. Motion carried unanimously. VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be on March 9, 2021 at 4:00 pm with a special meeting on March 2nd, 2021 at 4:OOpm to discuss the comprehensive plan update. VII. Adjournment It was moved by Donat, seconded by Trost, to adjourn the meeting at 5:39 p.m. Motion carried unanimously. - 4 - Page 357 of 364 Planning and Zoning Commission February 9,2021 Respectfully submitted, 9�kd� John Dornoff, Planner I - 5 - Page 358 of 364 CITY OF WATERLOO Council Communication Certified List for the position of Fire Captain for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on March 19, 2021. City Council Meeting:4/19/2021 Prepared: ATTACHMENTS: Description Type ❑ Fire Captain Backup Material Certified List for the position of Fire Captain for the City of Waterloo, Iowa SUBJECT: Fire Rescue Department, as certified by the Civil Service Commission on March 19, 2021. Submitted by: Submitted By: Page 359 of 364 HUMAN RESOURCES DEPARTAMENT 715 Mulberry St. - Waterloo,IA 50703 o Phone(319)2914303 Fax(319)291-4569 lip March 19,2021 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Fire Captain for the City of Waterloo, Iowa Fire Rescue Department. Appointment(s) shall be made from this list for the next two years (March 19, 2021 — March 18, 2023). CERTIFIED LIST David Jensson Tony McGrane Respectfully submitted, �I, a3la a a o J B askins Date Lovie Caldwell Date Ethel Was ington Date CS LIST FIRE CAPTAIN 21 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 360 of 364 U) UZ , 11H(�'1111UIIIA rE� L UHAH H R- fa-5 a U)JR,C E 6 0 1-:V)n F,TF MEN T, 715 Mulberry St. Waterloo,JA 50703 o Phone(319)2914303 Fax(319)291-4569 so March 19,2021 The City of Waterloo Civil Service Laws adopted October 20, 1983, and approved by the Waterloo City Council on November 14, 1983, allow under Chapter IV, Section 2c for the Mayor and the department head to recommend the approval of a promotional eligibility list of less than three individuals. We are recommending the Civil, Service Commission certify a promotional list of two for Fire Captain—Fire Rescue Quentin Hart,Mayor Pat TreIloarr Chief of Fire Services WE'RE WORKING FOR YOU! An Equal OpportunitVIAffirmative Action Employer Page 361 of 364 CITY OF WATERLOO Council Communication Certified List for the position of Fire Lieutenant for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on March 19, 2021. City Council Meeting:4/19/2021 Prepared: ATTACHMENTS: Description Type Certified List for the position of Fire Lieutenant for the City of Waterloo, SUBJECT: Iowa Fire Rescue Department, as certified by the Civil Service Commission on March 19, 2021. Submitted by: Submitted By: Page 362 of 364 CITY OF WATERLOO Council Communication Certified List for the position of Systems Analyst for the City of Waterloo, Iowa Information Technology Department, as certified by the Civil Service Commission on March 19, 2021. City Council Meeting:4/19/2021 Prepared: ATTACHMENTS: Description Type ❑ Certified List Backup Material Certified List for the position of Systems Analyst for the City of Waterloo, SUBJECT: Iowa Information Technology Department, as certified by the Civil Service Commission on March 19, 2021. Submitted by: Submitted By: Page 363 of 364 715 Mulberry St. Waterloo IA 50703 o Phone(399)291-4303 Fax(319)291-4569 s s• March 19,2021 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Systems Analyst for the City of Waterloo, Iowa Information Technology Department. Appointment(s) shall be made from this list for the next year (March 19, 2021 —March 18,2022). CERTIFIED LIST Cody Marsh Jeremy Kloberdanz Lori Zeschke Matthew Crisman Respectfully submitted, Barry askins Date Lovie Caldwell Date Ethel Washingto Date CS LIST SYSTEMS ANALYST WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 364 of 364