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Council Packet - 9/20/2021
Amended Council Agenda Council Meeting Monday, September 20, 2021 Amend theagenda by adding the following as Item 1.B.2.i: Motion approving a Special Class C Liquor License with Outdoor Service, Sunday Sales, and extending the outdoor service area from 9/24/2021 to 9/26/2021, for Anton's Garden located at 518 Sycamore Street, expiring on April 30, 2022, in conjunction with 2021 Oktoberfest. Reason: Emergency addition requested by applicant in order to get liquor license approved before Waterloo Oktoberfest on Friday, September 24, 2021. Amend theagenda b adding the following as Item LA.8 Resolution approving a request by Dawn Klingfuss for a variance to the Noise Ordinance on Friday, October 1, 2021, from 4:00 p.m.—7:00 p.m., in conjunction with the Stop the Mandates Protest event to be held at Lincoln Park, including the use of bull horns. Reason: Approval of the variance is needed prior to the event. THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, September 20, 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. 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 248 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 Margaret Klein, Ward 1 Council Member Agenda, as proposed or amended. Minutes of September 7, 2021, Regular Session, as proposed. Minutes of September 10, 2021, Special Session, as proposed. Proclamation declaring September 17-23, 2021 as Constitution Week. Proclamation declaring September 20-26, 2021 as Museums for All Week. 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 considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in Page 2 of 248 the office of the City Clerk. 2. Resolution approving a recurring Master Equity Lease Agreement for FY 2023, with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three (23) vehicles for police administrative and investigative staff, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Joe Leibold, Major 3. Request of Main Street Waterloo and the Waterloo Community Schools for a variance to the Noise Ordinance on September 28, 2021 from 9:30 a.m. to Noon, in conjunction with the Mayor's Fun Run event to be held at the Riverloop Expo Grounds with the use of a PA system. Submitted By: Corbin Payne, Police Lieutenant 4. Resolution approving request of Ronald Davis for a waiver for a concrete driveway, located at 903 Kingsley Avenue (approach on Drexel Avenue), and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of- way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 5. Resolution approving request of Brad Taylor for a waiver for a concrete driveway, located at 1355 Campbell Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 6. Resolution setting date of public hearing as October 18, 2021 on the proposed issuance of not to exceed $14,500,000 General Obligation Urban Renewal Bonds for an Essential Corporate Purpose (ECP-UR-1), and instruct the City Clerk to publish notice. Submitted By:Michelle Weidner, Chief Financial Officer 7. Resolution approving renewal of Crime and Fidelity insurance, effective September 15, 2021, in the amount of$3,741.00. Submitted By:Kelley Felchle, City Clerk 8. Resolution approving a request by Dawn Klingfuss for a variance to the Noise Ordinance on October 1, 2021, from 4:00 p.m. - 7:00 p.m., in conjunction with the Stop the Mandates Protest event to be held at Lincoln Park, including the use of bull horns. Submitted By: Joe Leibold, Major B. Motion to approve the following: 1. TRAVEL REQUESTS a. Rusty Zey, Randy Shepard, Troy Deeds, Chris Preston; Airport Ops/ARFF Personnel Class/Meeting: Live Aircraft Fire - Hot Burn Training Destination:Eastern Iowa Airport, Cedar Rapids, IA Dates: September 9-10, 2021 Amount not to exceed: $1,800.00 b. Rusty Zey, Randy Shepard, Troy Deeds, Chris Preston; Airport Ops/ARFF Personnel Class/Meeting:Annual Wildlife Training Destination:Waterloo Regional Airport Dates: TBD in October 2021 Amount not to exceed: $500.00 Page 3 of 248 C. Medical Officers: Travis Ihnen, Ben Smith, and Greg Stewart and Paramedics: Kyle Fuller, Neal Caughron, Dwight Paul and Ben Lowe Class/Meeting: Critical Care Paramedic Provider Hybrid Course Destination:Hawkeye Community College/Online Dates: September 13, 2021 - December 13, 2021 Amount not to exceed: $2,275.00 d. *Amended* Ben Smith, Medical Officer/Jason Hernandez, Medical Supervisor Class/Meeting: Emergency Medical Services World Expo (Amended Request) Destination:Atlanta, GA Dates: October 4-8, 2021 Amount not to exceed: $3,270.00 e. Chief Fitzgerald Class/Meeting: Operating While Intoxicated/Standardized Field SobrietyTesting and Iowa Law Enforcement Emergency Care Provider Certification Destination: Johnston, IA Dates: October 6-8, 2021 Amount not to exceed: $1,256.00 f. Chief Fitzgerald and Officer Sager Class/Meeting: Testing Through Examination(ILEA) Destination:Waterloo, IA Dates: October 1, 2021 Amount not to exceed: $3,150.00 2. LIQUOR LICENSES a. Anton's Garden, 518 Sycamore Street Class: C Liquor w/Outdoor Service Extending Outdoor Service area from 9/24/2021- 9/26/2021 New Application Includes Sunday Expiration Date:April 30, 2022 b. Kwik Star#724, 1105 Cedar Bend Drive Class: B Native Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2022 C. Locke at Tower Park, 4140 Kimball Avenue Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 9/30/2022 d. Longhorn Steakhouse#5374, 1425 E. San Martian Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/31/2022 e. Narey's 19th Hole, 2073 Logan Avenue Class: C Liquor Page 4 of 248 Renewal Application Does not include Sunday Expiration Date: 8/22/2022 £ Rudy's Tacos-Beer Hall-Lava Lounge, 2401 Falls Avenue Class: C Liquor w/Outdoor Service Renewal Application Does not include Sunday Expiration Date: 9/27/2022 g. Three Amigos Family Restaurant, 2820 Falls Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/24/2022 h. Wal-Mart Supercenter#1496, 1334 Flammang Drive Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 9/30/2022 i. WCA Building and Amphitheatre, 225 Commercial Street Class: Special C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/21/2022 3. APPOINTMENTS a. Samir Sarkic Board/Commission: Electrical Examiners &Appeals Board Expiration Date: September 24, 2024 Re-Appointment b. Mark Myers Board/Commission: Electrical Examiners &Appeals Board Expiration Date: September 24, 2024 Re-Appointment C. Patrisha Serfling Board/Commission:Planning, Programming& Zoning Commission Expiration Date: September 24, 2024 Re-Appointment d. Steve Trost Board/Commission:Planning, Programming& Zoning Commission Expiration Date: September 4, 2024 Re-Appointment 4. Recommendation of appointment of Ben Wagner to the position of GIS Coordinator in the Technology Services Department effective October 4, 2021. Submitted By: Chris Youngblut, Director of Technology 5. Recommendation of appointment of Justin Harrold, from the current Civil Service List, to the position of Equipment Operator I in the Street Department, effective October 5, 2021, pending completion of physical and drug testing. Submitted By:Randy Bennett, Public Works Manager Page 5 of 248 6. Motion approving Change Order No. 17 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $4,833, 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 7. Motion approving Change Order No. 2 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $5,024, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 8. Motion approving Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$2,788.88, in conjunction with the FY 2021 Shaulis Road Trail Extension- Phase II (TAP-U-8155(766)--8I-07), Contract No. 1012, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Matt Schindel,Associate Engineer 9. Motion to approve Solicitation Registration Application by David Grimm on behalf of Disabled American Veterans Chapter 11, to raise funds for the Iowa Veteran's Home, purchase food cards for Christmas, publications for distribution and to support Chapter operations. Submitted By:Kelley Felchle, City Clerk 10. Exception to Burning Yard Waste Application submitted by UAW 838 United Auto Workers, to burn only clean hard wood using 55-gallon steel drum burn barrels at locations shown in the attachment, from October 1 through the winter of 2021. Submitted By:Brock Weliver, Fire Marshall 11. Bonds. PUBLIC HEARINGS 2. Request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk, at 1139 Logan Avenue, located in the "R-2" 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 approving a request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk at 1139 Logan Avenue, located in the"R-2" One and Two Family Residence District and authorizing the mayor and city clerk to execute said documents. 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. Request by City of Waterloo to vacate, sell and convey 0.48 acres of City owned right-of- way at south of 3338 W Airline Highway, in the amount of $12,005.84, to the Plumb Supply Company. 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 vacating 0.48 acres of City owned right-of-way at South of 3338 W Airline Highway for $12,005.84, plus costs to Page 6 of 248 Plumb Supply Company. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution approving the sale and conveyance of 0.48 acres of City owned right-of-way, in the amount of$12,005.84, to Plumb Supply Company, and authorizing the Mayor to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 4. Five Sullivan Brothers Convention Center Plaza Renovation Project Hearing cancelled. Submitted By:Noel Anderson, Community Planning and Development Director 5. Adoption of the Schoitz Urban Renewal and Redevelopment Plan. 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. Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan. Motion to receive, file, consider and pass for the first time an ordinance providing that general property taxes levied and collected each year on all property located with the newly described Schoitz Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. 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 6. Request by City of Waterloo for sale and conveyance of city owned property, identified as parcel No. 8913-26-459-020 (formerly 811 Williston), to David S. Grimm and Dalen A. Grimm, in the amount of $1.00, including a Development Agreement, for the construction of a 400 square foot detached garage. 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 a portion of City owned property to David S. Grimm and Dalen A. Grimm in the amount of$1.00, for property that was formerly 811 Williston Avenue, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a development agreement with David S. Grimm and Dalen A. Grimm for the construction of a 400 square foot detached garage, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director RESOLUTIONS 7. Resolution approving the FY 2022 Air Service Development Program Grant Agreement with the Iowa Department of Transportation, in the amount of $48,000 or 80-Percent of an 80/20 funding allocation, with the City share of approximately $12,000, for marketing and advertising Page 7 of 248 of the Waterloo Regional Airport and American Airlines, and authorizing the Mayor and Airport Director to execute said document. Submitted By: Keith Kaspari,Airport Director 8. Resolution approving Amendment No. 1 to the award of bid with Restoration Services, Inc., of Waterloo, Iowa, originally approved by council April 19, 2021, for a net increase in the amount of$20,500, in conjunction with the Waterloo Public Library Exterior Facade Repair. Submitted By:Noel Anderson, Community Planning and Development Director 9. Resolution approving a supplement to the Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, originally executed February 1, 2021, in an amount not to exceed$1,201.53, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel,Associate Engineer 10. Resolution approving a Right-of-Way License Agreement with USCOC of Greater Iowa, LLC, to allow use of city right-of-way for a communication system, and authorizing the Mayor to execute said document. Submitted By: Dennis Gentz, PE,Assistant City Engineer 11. Resolution approving Small Cell Wireless Facility Fee Schedule. Submitted By: Jamie Knutson, PE, City Engineer 12. Resolution approving Memorandum of Understanding with the Chicago Central& Pack Railroad Company, in an amount not to exceed $20,000.00, to facilitate the construction of the 11th Street Bridge, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 13. Resolution approving a Design Services Contract with Invision Planning, Architecture and Interiors, of Waterloo, Iowa, in conjunction with the Waterloo Public Works Facility Planning Project, in an amount not to exceed $12,000, and authorizing Mayor and City Clerk to execute said document. Submitted By: Randy Bennett, Public Works Manager 14. Resolution approving request to purchase five (5) 2021 Ford Explorer Police AWD, 4-door SUVs from Stivers Ford of Waukee, Iowa, from the current open bid originally awarded by Council on April 8, 2019, in the amount of$35,088 each, for a total of$175,440, for the Police Department. Submitted By: Randy Bennett, Public Works Manager 15. Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on September 8, 2020, in an amount not to exceed $1,945,600, in conjunction with the Park Avenue and 11th Street Bridge Replacements, Contract No. 1013, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 16. Resolution approving installation of a 25 MPH speed hump in the 1500 block of Oakwood Drive. Submitted By:Sandie Greco, Traffic Operations Director Page 8 of 248 17. Resolution accepting two Quit Claim Deeds from the Iowa Department of Transportation for the conveyance of 0.15 acres and 0.40 acres of right-of-way, better suited to ownership by the City of Waterloo, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 18. Resolution approving a Development Agreement with Hoss Builders, LLC, for the construction of an infill lot on Lois Lane, including $5,000 in payment incentive upon completion of new home, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 19. Resolution approving a Minor Site Plan Amendment to the "S-1" Shopping Center District to allow Hy-Vee on Flammang Drive to construct a 1,200 sq. ft. addition, for Hy-Vee Aisles Online pickup area on the west side of the current building, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 20. Resolution approving an Amendment to the Development Agreement with Paramount Investments, LLC, originally executed February 17, 2014, to clarify payment rebates, for a project located at 301-311 East 3rd Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 21. Resolution approving a Settlement Agreement and Release with Zachary Beschorner, in the amount of $7,227.85, for repairs on a sewer line serving 1103 Commercial Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director ORDINANCES 22. An ordinance amending the 2020 Traffic Code by adding Subsection (157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road (Hwy. 63), to Section 551, Parking Prohibited At All Times On Certain Streets. Motion to receive, file, consider and pass for the first time an ordinance amending the 2020 Traffic Code by adding Subsection (157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road(Hwy. 63), to Section 551, Parking Prohibited At All Times On Certain Streets. Motion to suspend the rules. Motion to receive, file, consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:25 p.m. Council Work Session, Harold E. Getty Council Chambers Page 9 of 248 4:45 p.m. Housing Authority board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Darcy Canby, Police Officer, effective August 7, 2021 with recommendation of approval of payout of$31,775.91 for unused benefits. 2. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Nicholas Nelson, Police Officer, effective August 20, 2021 with recommendation of approval of payout of$3,496.86 for unused benefits. 3. Communication from the Waterloo Public Library Department on the notice of the conclusion of employment for Timothy E. Kuhlmann, Library Assistant, effective August 20, 2021 with recommendation of approval of payout of$2,878.64 for unused benefits. 4. Airport Board Meeting Minutes of July 21, 2021. Page 10 of 248 CITY OF WATERLOO Council Communication Minutes of September 7, 2021, Regular Session, as proposed. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of September 7, 2021 Backup Material Submitted by: Submitted By: Page 11 of 248 September 7, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Tuesday, September 7, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos (joined via Zoom), Morrissey, Klein, Feuss, Grieder and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Sharon Juon, At-Large Council Member 160384 - Juon/Morrissey that the Agenda, as amended, by adding the award information to Item 3 and Item 4, for the Regular Session on Tuesday, September 7, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 160385 - Juon/Morrissey that the Minutes, as proposed, for the Council Planning Session on Monday, August 30, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring September 6-11, 2021 as Focus on Diabetes Awareness Week. Mrs. Culpepper accepted. Proclamation declaring September 19-25, 2021 as Water and Wastewater Workers Week. Mr. Bennett accepted. Proclamation declaring September 2021 as Hunger Action Month. Mrs. Barb Prather accepted. PUBLIC COMMENTS Lynn Tackett, 820 Sycamore Street and Owner of Genesis Studio Spa, located at 211 E. 4th Street, commented on the need to address downtown parking. She prepared and submitted a report, which offers possible solutions for council consideration. Sheila Beal, 315 Gayle Street, commented on her repeated requests to have her driveway approach replaced after a city employee had caused damage. She questioned why the city is replacing her neighbors approach but not hers. She stated that she wants something in writing that it will be fixed as was promised by both the Mayor and Mr. Morrissey. Mayor Hart commented that he never said that her driveway approach would be fixed. Lynn Moller(no address provided) Chairman of Cedar Valley Backs the Blue, complimented the Police Chief on his presentation given at the Work Session. He commented on the 98 responses received from officers to a recent survey, and noted that a local news media reported that shortages and low morale go hand in hand. He further commented on contributing factors specific to the Waterloo police department, in particular, newly implemented policies. He explained that the fourteen pages of officer's comments have been forwarded to council and he hopes that they have taken the time to read through them and that the officer's concerns need to be addressed. Supervisor Dan Trelka, 173 Graceline Blvd., commented on the current police morale. Citizens of the community and elected county officials have contacted him with their concerns. He asked that council take a sensible, logical approach as to why these problems exist within the Waterloo Police Department. He suggested having either the Human Resources Department or an outside entity investigate the concerns then address any matters discovered, as he fears this is going to get worse before it gets better. Dwayne Eilers (no address provided) commented he is in fear of the city and what they are doing to him. Eilers explained the city shut the water off to his home, while he was away, and as a result burned up a water heater, even though his bills were paid. He stated all of his properties being tagged for one reason or another is harassment and that he is closing down all of his businesses and putting his properties up for sale because of what the city is doing to him. He explained that his request to rezone one of his properties was denied, yet after selling the property, the city immediately approved the same type of rezone request from the new owner. He explained that this has been happening since Mayor Hart has been the mayor. Page 12 of 248 September 7, 2021 Page 2 Forrest Dilliveau, 1725 Huntington Road, expressed his concerns with the police department. He stated over a year ago, he requested to meet with the Chief of Police but has never heard back, he asked to meet with the Mayor three months ago, but has had no response and feels that other departments respond, but the Police Chief will not. David Dryer, 3145 W. 4th Street, commented that the city is paying people considerably to move back into town. He questioned why we would partner with the Crossroads Mall, and said he does not believe the city should be involved with leasing out spaces and that recreation over repairs seems to be the theme in Waterloo. Teresa Culpepper, 1119 Cottage Grove Avenue, commented on how amazed she is at Waterloo and applauded Felecia Smith Nalls for her efforts in making sure that there are neighborhood events available, and know the city is doing something right and we appreciate you. Merritt Wayland, 2512 Idaho Street, commented that approximately 3 months ago, a warehousing business opened up at 2130 Newell Street. Since then there has been excessive semi traffic going down Newell. He explained that in 2018-2019 a petition was signed regarding the semi traffic that resulted in No Truck signs being posted in the area. However, in the past 3 months the traffic has more than quadrupled. Police, code enforcement, and planning and zoning have all been contacted. He stated that on September 3, 2021, he counted 237 semis going through this residential neighborhood, ruining the road and running over curbs and sewer drains. Mayor Hart commented that council member Amos and others had let staff know about increased activity, which has more than quadrupled from what he has been told. He confirmed that this issue is being addressed. Donnell Rivers, II, 1032 Vine Street#24, commented he has an event on the agenda and requested to amend the event to the 24th of September instead of the 19th. The purpose of the event is to bring people together. George Meeks, 609 E. Donald Street, commented that some time back, council meetings were preceded by someone who offered prayer. He feels that asking different clergy from the community to come and bless the proceedings and the council would help the community more than a moment of silence. He explained he is a supporter of Back the Blue and has supported the police since 1957 when he first came to Waterloo. He commented previous Police Chief Trelka had a relationship with Mount Carmel Baptist church and invited Chief Fitzgerald to attend. Marilyn Mix, 533 Dawson Street, commented there has been a sewer smell at her home for the past couple of months and that this had happened previously. The city worked on the sewer in the past, but it only fixed the problem temporarily. Mayor Hart stated that Mr. Bennett from the Public Works Division would take her information and that staff would contact her within 24 hours to address the situation. Mr. Boesen requested that Michelle Weidner provide council with an update on the ATE money year to date. He also commented that he was glad that downtown parking was brought up, as he is worried about maintenance of the parking meter equipment. The meters don't work because they are not being maintained and hopes we can light a fire under Republic to service the meters as per their contract. He also commented on the morale of Police Department. He questioned if someone has sat down one-on-one and talked to the officers. He would be in favor of bringing in an outside source to look at morale citywide to see how we can better serve our employees who are our biggest asset. Mrs. Klein also spoke to the police morale. She commented that only three members of council took the time to look at the survey and respond, instead they dismissed it and said it's just politics. Many organizations have political PACs. There is nothing disreputable about those PACS. They stand for the men and women that work in the field and are usually organized under stressful situations, and done to defend the defenseless. Across the nation,police departments find themselves defenseless, and she supports the PAC. She also stated that council needs to acknowledge shootings in Waterloo. We need to stop this and the terrible persecution of police and the disrespectful society we live in now. Page 13 of 248 September 7, 2021 Page 3 Mr. Feuss commented that he sat down with Supervisor Trelka in response to the survey. Out of 98 responses, 68 are current officers. He agrees with Mr. Boesen that bringing in outside source would be good. He commented that what he is missing from the survey is the unbiased piece of it because this survey was created by a police backed PAC. We cannot ignore the stories and complaints,but you can still support the police without supporting the Griffin. Mr. Morrissey commented that the truck traffic on Newell is damaging the foundations of those homes as well as the roads and there needs to be an embargo. He said a decision needs to be made whether we are going back to Zoom meetings or implement something requiring masks again in the interest of public health. He spoke about the overall morale in the City of Waterloo. He said that it boils down to how much money are the people of Waterloo willing to provide to get the services they want. Morale is not reserved to just one department and Department Heads need to address issues with their staff. Mrs. Juon thanked Chief Fitzgerald and his staff, appreciated the strategic plan, and is looking forward to getting a hard copy. She explained that because some council may not have responded directly to the survey, does not mean they didn't respond in some other manner. She suggested having the company who did a review of the police department back in 2015, return and have them look at not only morale but also all aspects of the department. She explained that she respects law enforcement as a profession, and specifically the good members of our local police department. We can learn from the difficulties of the national dialogue and cannot allow it to impact our exemplary officers. She spoke to the hypocrisy and lies perpetuated by those that claim they care about our officers and questioned if any of the previous chiefs who jointly wrote a public letter criticizing the new chief, had reached out to him to offer their support. She went on to describe controversy during each of the previous chief's tenure. She commented that it was a unanimous decision by council to remove the griffin and anything being told other than that is untrue. Mrs. Klein commented that if you are going to accuse three retired police chiefs of their past actions then it is fair to look at the current chief's past such as being fired from his previous position. She explained she said it was wrong to just kill the patch without having a lengthy conversation with the police department, letting them be in on any solution rather than just taking a vote to get rid of the emblem. Her request for clarification on the possibility of tweaking the emblem rather than replacing it was confirmed that night and therefore she voted for a compromise. Mr. Grieder commented that he had concerns with hiring Dr. Fitzgerald and he spoke to him about those concerns and they had a very good and lengthy conversation. All of us were aware of the concerns and still unanimously voted to hire him. He explained that it is concerning that we are going to slander a man that currently serves this community, and we are going to destroy this community in order to gain votes and gain seats. Race, force,policing,poverty and justice are rampant in our country. Finally, our country is being forced to acknowledge and face the facts. We need to ask ourselves this, if they are so willing to paint some group as "other" in order to win, how long before they paint you as "other"to gain a political advantage. Mrs. Klein commented that she supports the police and questioned that if leadership thought that the emblem was so bad shouldn't the police have been made part of the solution. She thought it was wrong then and it is still wrong now, and is proud of our police, and fire and all that put their lives on the line. Mayor Hart commented that when we talk about supporting that we support their budget. Do not say you support the Fire Department then accuse them of running a private business out of the Fire Department. Forest Dillavou, 1725 Huntington Road, commented that there are people here waiting to speak regarding agenda items. This is not a political debate; let's get back to the agenda now. 160386 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 160387 - Juon/Grieder Page 14 of 248 September 7, 2021 Page 4 that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated September 7, 2021, in the amount of$2,538,112.12, 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. 2021-564. 2. Resolution approving the request of Steege Investments, LLC, for tax exemptions on the construction of a new single duplex unit valued at $300,000, for property located at 122 Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-565. 3. Resolution approving the request of Steege Investments, LLC, for tax exemptions on the construction of a new single duplex unit valued at $300,000, for property located at 113 Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-566. 4. Resolution approving the request of Steege Investments, LLC, for tax exemptions on the construction of a new single duplex unit valued at $325,000, for property located at 104 Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-567. 5. Resolution approving the request of Steege Investments, LLC, for tax exemptions on the construction of a new single duplex unit valued at $300,000, for property located at 120 Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-568. 6. Resolution approving the request of Bilal Ghias Rahim for tax exemptions on the construction of a new single family home valued at$615,000, for property located at 3510 Inverness Road, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-569. 7. Resolution approving the request of Dennis Bartekoske for tax exemptions on the construction of a new single family home valued at$278,000, for property located at 3386 Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-570. 8. Resolution approving the request of Bryan Horack for tax exemptions on the construction of a new single family home valued at $282,117, for property located at 3380 Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-571. 9. Resolution approving the request of Richard J. and Susan E. Smith for tax exemptions on the construction of a new single family home valued at$624,000, for property located at 1629 Falcon Ridge, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-572. 10. Resolution setting date of public hearing as September 20, 2021 to approve the request by Albert Meeks Sr., to vacate 59 linear feet of public sidewalk at 1139 Logan Avenue, located Page 15 of 248 September 7, 2021 Page 5 in the "R-2" One and Two Family Residence District, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-573. 11. Resolution setting date of public hearing as September 20, 2021 to approve the request by the Plumb Supply Company to vacate, sell and convey 0.48 acres of W. Airline Highway city owned right-of-way, located South of 3338 W. Airline Highway to the Plumb Supply Company, in the amount of$12,005.84, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-574. 12. Resolution approving preliminary specifications,bid documents, etc., setting date of bid opening as September 30, 2021 and date of public hearing as October 4, 2021, in conjunction with the purchase of 2021 Gates Park and South Hills Golf Course Irrigation Control System Updates, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-575. 13. Resolution approving an Application for the Iowa Fitness Centers Relief Program with no required City match for lost revenues at the Cedar Valley SportsPlex, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-576. 14. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 23, 2021 and date of public hearing as October 4, 2021, in conjunction with the FY Hyper Drive R.I.S.E. Project No. RM-8155(778)--9D-7, Contract No. 1051, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-577. 15. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as September 30, 2021 and date of public hearing as October 4, 2021, in conjunction with the US Highway 63 Sanitary Sewer Upgrades, Phase I Project, Contract No. 1037, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-578. 16. Resolution approving request of Heath Christensen for a waiver for a concrete driveway, located at 1641 Calhoun Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2021-579. 17. Resolution approving request of Luz Paz De Ibanez for a waiver for a concrete driveway, located at 1514 Patton Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2021-580. 18. Resolution approving request of Crf Rentals, LLC, for a waiver for a concrete driveway, located at 4435 Texas Street(approach placed on Cedar Terrace Drive), with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2021-581. 19. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $45,874, in conjunction with the FY 2021 Levee Rip Rap Spraying Project, Contract No. 1027, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-582. Page 16 of 248 September 7, 2021 Page 6 20. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $131,282, in conjunction with the FY 2021 Hope Martin Park Shelter Reconstruction Project, Contract No. 1028, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-583. 21. Motion approving Final Quantity Summary for Lodge Construction, Inc., for a net decrease of$11.00, in conjunction with the FY 2021 Hope Martin Park Shelter Reconstruction Project, Contract No. 1028, and authorizing the Mayor and City Clerk to execute said document. 22. Resolution approving Variance to Noise Ordinance request from Jeremy Jones on behalf of The Screaming Eagle American Bar and Grill, 228 E. 4th Street, in conjunction with the Tim Petersen Memorial Ride, to be held on September 18, 2021 from 6:00 p.m. to 10:00 p.m., including a live band. Resolution adopted and upon approval by Mayor assigned No. 2021-584. 23. Resolution approving Variance to Noise Ordinance request from Cathy Ketton on behalf of Splash of Color 10th Annual 3K Fundraiser Walk, to be held on October 9, 2021 from 8:00 a.m. to Noon, beginning and ending at Sullivan Park and traveling on E. 4th, Sumner, Mobile, and Newell Streets, including music and the use of a megaphone. Resolution adopted and upon approval by Mayor assigned No. 2021-585. , Reselidtion adopted and upon appr-eval by Mayor-assigned No. 2021 25. Resolution approving Variance to Noise Ordinance request from Jason Sandoval, in conjunction with a block party, to be held on September 11, 2021 from 6:00 p.m. to 9:00 p.m., located at 229 Dearborn Avenue. Resolution adopted and upon approval by Mayor assigned No. 2021-586. 26. Motion to accept and place on file the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2016A. 27. Resolution setting a date of public hearing as September 20, 2021 to authorize the sale and conveyance of city owned property, identified as parcel No. 8913-26-459-020, to David S. Grimm and Dalen A. Grimm, in the amount of$1.00, including a Development Agreement for the construction of a new garage, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-587. 28. Resolution approving cancellation of sidewalk assessment for property located at 229 Alta Vista, in the amount of$1,679.82, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2021-588. 29. Resolution approving a Memorandum of Understanding with Allen Memorial Hospital Corporation, which acknowledges the existence of an indigent, underinsured, and uninsured population in the local area served by Allen Memorial Hospital. Resolution adopted and upon approval by Mayor assigned No. 2021-589. b. Motion to approve the following: Page 17 of 248 September 7, 2021 Page 7 1 Travel Requests Name &Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Lieutenants McClelland, Enhanced Force Iowa City, September 14- $185.00 Fangman and Bose Investigation IA 16, 2021 b. Officers Scarbrough, Basic SWAT School Cedar September 27- $475.00 Northup and Thomas Rapids, IA October 1, 2021 c. Sgt. Girsch and Officers Midwest Gang Dubuque, IA September 19- $2,320.00 Northup, J. Ehlers and A. Investigators 22, 2021 Ehlers Association Conference d. Paul Huting, Leisure Iowa Park and Burlington, October 4-6, $425.00 Services Director Recreation IA 2021 Association Fall Workshop e. Forrest Graves, Brad Water Environment Chicago, IL October 18 - $2,229.50 Manahl, John Hyman, Federation Technical 20, 2021 Jesse Gaherty and Andy Education and Bedard(Sewer Conference Department) 2• Approved Beer, Liquor, and Wine Applications Name &Address of Class New or Expiration Includes Business Renewal Date Sunday a. Big Head Burger, 324 W. B Beer w/Outdoor Service New 7/18/2022 4th Street b. Casey's General Store B Wine/C Beer Renewal 9/30/2022 x #2879, 3260 University Avenue c. Casey's General Store B Wine/C Beer/E Liquor Renewal 9/30/2022 x #2880, 1604 LaPorte Road d. Chilito's Mexican Bar and C Liquor w/Outdoor Renewal 8/7/2022 x Grill, 441 E. Tower Park Service Drive e. Golden China Restaurant, C Liquor New 5/5/2022 x 106 Brookeridge Drive *Ownership Update* f. Guddi Mart, 306 Byron B Wine/C Beer Renewal 7/2/2022 x Avenue g. Hy-Vee#1 Clubroom, 2834 Special Class C Liquor Renewal 10/16/2022 x Ansborough Ave. h. Hy-Vee C-Store#4, 3700 B Wine/C Beer Renewal 10/31/2022 x University Avenue i. Legs, 212 E. 4th Street, Suite B Wine/C Beer Renewal 6/25/2022 108 j. Wal-Mart Supercenter B Wine/C Beer/E Liquor New 9/30/2022 #1496, 1334 Flammang Drive *Ownership Update* 3. Recommendation of appointment of James (JB) Bolger to the position of Assistant Park Superintendent in the Leisure Services Department, effective September 8, 2021. 4. Recommendation of appointment of Bob Etringer to the position of Recreation Services Manager in the Leisure Services Department, effective September 8, 2021. Page 18 of 248 September 7, 2021 Page 8 5. Application for Fireworks"cold spark"Display at Five Sullivan Brothers in conjunction with a wedding to be held on October 2, 2021. 6. Motion to receive and place on file the 2020 Operating Report of the Waterloo Water Works. 7. Fireworks Display at Park Avenue Bridge in conjunction with the VGM Heartland Conference 2021, on September 13, 2021, beginning at 9:30 p.m. and lasting approximately 30 minutes. 8. Motia .. . 9 Change Order- No. I from Cardinal Constmetion, Wa4er4ee, lowa, to iner-ease substaatial eeWletion date ffem Oeteber- 15, 2021 to DeeembeF 23, 2021 and final e0fnPleti0fl date > 2022, in eop�ttnetien with the Five Sullivan Brothers Convention Center 2nd Floor-Renovation Pr-e-Jeet, and au4her-izing the MayeF to exeeute said doeument, 9. Motion approving Change Order Nos. 1, 2 and 3 to Contract No. AB-2021-03-8P with Site Services Inc.,for a net increase of$1,090,in conjunction with additional asbestos removal,for property located at 921 W. 2nd Street, 409 Wellington Street, and 413 Wellington Street, and authorizing the Mayor and City Clerk to execute said documents. 10. Motion approving Change Order No. 4 from Woodruff Construction of Waterloo, Iowa, for a net increase of $24,017, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids Modifications Project, Contract No. 994, and authorizing the Mayor to execute said document. 11. Application for Recycling Yard License, King Automotive Salvage Center, 275 Rampart Lane. 12. Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Edo's Sports Bar, 110 E. 11th Street. 13. Second Hand Goods Dealer License Application for GameStop#6247, 1515 Flammang Drive. 14. Bonds. 15. Motion approving Change Order No. 18 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$2,883, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. 160388 - Morrissey/Grieder Motion to change the date on Item LA.24 from September 12, 2021 to September 19, 2021. 160389 - Morrissey/Grieder 1.A.1 Resolution approving Variance to Noise Ordinance request from Donell Rivers, II, in conjunction with the Brothaz Barbershop Voter Ready Block Party, to be held on September 19, 2021 from 3:00 p.m. to 8:00 p.m.7:2, on Almond Street between E. 4th and Iowa Streets, including live music. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-590. 160390 - Boesen/Grieder 8. Motion approving Change Order No. 1 from Cardinal Construction, Waterloo, Iowa, to increase substantial completion date from October 15, 2021 to December 23, 2021 and final completion date from October 29, 2021 to January 7, 2022, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson, Community, Planning and Development Director, explained that the project is experiencing longer than normal material lead times, but it is anticipated it could be just a couple of weeks. 160391 - Morrissey/Boesen Motion to recess for ten minutes. Voice vote-Ayes: Seven. Motion carried. Page 19 of 248 September 7, 2021 Page 9 160392 - Morrissey/Grieder Motion to reconvene at 7:20 p.m. Voice vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 160393 - Morrissey/Grieder that proof of publication of notice of public hearing on Hammond Avenue Bridge Project, as published in the Waterloo Courier on August 23, 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. 160394 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 160395 - Morrissey/Grieder that"Resolution making final selection of site location for Hammond Avenue bridge replacement and improvements, establishing the amount of just compensation for certain property interests to be acquired for project purposes, and authorizing the use of condemnation procedures for acquisition of said property interests in furtherance of the project objectives, 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. 2021-591. 160396 - Feuss/Grieder that proof of publication of notice of public hearing on 2021 or Newer Compact Track Mini Excavator for the Traffic Operations Department, as published in the Waterloo Courier on August 23, 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. David Dryer, 3145 W. 4th Street, questioned if this we had outsourced this work in the past, and if this is approved, will we need to hire more employees. Randy Bennett, Public Works Division Manager, explained that the work is done internally and this piece of equipment will be more efficient. 160397 - Feuss/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160398 - 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. 2021-592. 160399 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate: $85,000 Page 20 of 248 September 7, 2021 Page 10 Bidder Total Bid Amount Murphy Tractor&Equipment Co. Waterloo, IA $67, 000. 00 Bobcat of Waterloo- Cedar Falls Cedar Falls, IA $54, 214. 70 Voice vote-Ayes: Seven. Motion carried. 160400 - Feuss/Grieder that "Resolution awarding bid to Bobcat of Waterloo, Iowa in the amount of $54,214.70, in conjunction with the purchase of a 2021 or Newer Compact Track Mini Excavator for the Traffic Operations Department", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-593. 160401 - Morrissey/Grieder that proof of publication of notice of public hearing on FY 2022 Center for the Arts Parking Improvements, Phase 2 (Art Block) Project, Contract No. 1007, as published in the Waterloo Courier on August 23, 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. 160402 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 160403 - Morrissey/Grieder that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned the reason the steps have needed to be replaced multiple times. Jamie Knutson, City Engineer, confirmed that this would be the fourth time the steps have been replaced. He said that the contractor/sub-contractor has been unable to pour the concrete correctly per specific building code requirements. There is no cost to the city. Resolution adopted and upon approval by Mayor assigned No. 2021-594. 160404 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate: $650,909.70 Bidder Bid Bid Amount Security Vieth Construction Corporation o Cedar Falls, IA 5/o $764,978.98 Peterson Contractors, Inc. 5% $701,096.73 Reinbeck, IA Lodge Construction, Inc. 5% $688,353.20 Clarksville, IA Hudson Hardware, Plumbing &Heating, Inc. 5% $698,917.30 Hudson, IA Owen Contracting, Inc. 5% $698,011.95 Cedar Falls, IA Page 21 of 248 September 7, 2021 Page 11 Midwest Concrete, Inc. 5% $699,898.91 Peosta, IA Voice vote-Ayes: Seven. Motion carried. 160405 - Morrissey/Grieder that "Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of$688,353.20, approving the contract,bond and certificate of insurance, in conjunction with the FY 2022 Center for the Arts Parking Improvements, Phase 2 (Art Block), Contract No. 1007, 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. 2021-595. 160406 - Feuss/Grieder that proof of publication of notice of public hearing on FY 2022 Sidewalk Repair Assessment Program, Contract No. 1055, as published in the Waterloo Courier on August 27, 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. David Dryer, 3145 W. 4th Street, requested a copy of the complete streets potential to show what sidewalks are planned for all over town. Jamie Knutson, City Engineer, provided an over view project and confirmed that the requested information will be provided. Mayor Hart read written comments received from Kristi Butikofer—916 Conger Street, and asked staff to contact her. 160407 - Feuss/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote- Ayes: Seven. Motion carried. 160408 - 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. 2021-596. 160409 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: $390,955.26 Bidder Bid Security Bid Amount Midwest Concrete Inc. 5% $382,093.42 Peosta, IA Brock Even Construction, LLC 5% $368,949.75 Jesup, IA Voice vote-Ayes: Seven. Motion carried. 160410 - Feuss/Grieder Page 22 of 248 September 7, 2021 Page 12 that "Resolution approving award of bid to Brock Even Construction, of Jesup, Iowa, in the amount of$368,949.75, approving the contract,bond and certificate of insurance, in conjunction with the FY 2022 Sidewalk Repair Assessment Program, Contract No. 1055, 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. 2021-597. 160411 - Morrissey/Grieder that proof of publication of notice of public hearing on FY 2022 Sidewalk Repair Assessment Program - Zone 1, Contract No. 1055, as published in the Waterloo Courier on August 19 and 26, 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. 160412 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 160413 - Morrissey/Grieder that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-598. 160414 - Morrissey/Grieder that"Resolution approving proposed construction of sidewalk improvements", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-599. 160415 - Morrissey/Grieder that"Resolution to fix value of lots", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-600. 160416 - Morrissey/Grieder that "Resolution to adopt proposed plat and schedule of assessments and estimate of costs", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-601. 160417 - Feuss/Grieder that proof of publication of notice of public hearing on Application for State Revolving Fund (SRF) Loan for Highway 63 Interceptor Project, Contract No. 1037, contents of Environmental Information and Project Plan, as published in the Waterloo Courier on August 6, 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. 160418 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 160419 - Feuss/Grieder Page 23 of 248 September 7, 2021 Page 13 that "Resolution approving the Environmental Impact Document, and authorizing the Mayor to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Randy Bennett, Public Works Division Manager,provided an overview of the project. Resolution adopted and upon approval by Mayor assigned No. 2021-602. RESOLUTIONS 160420 - Morrissey/Feuss that"Resolution ordering the old griffin design to be completely removed from any and all Waterloo Police departmental properties by September 30, 2021, with the exception of weapons/revolvers, which are to be phased out(without the old griffin design) as such are replaced",be adopted. Roll call vote-Ayes: Five. Nays: Two (Klein, Boesen). Motion carried. Todd Obadal, 124 Amity Drive, commented on and clarified the position of those that don't think removing the griffin would be a good idea. He expressed his disappointment with the actions of certain members of this administration. He stated that this resolution does not need to be jammed through by September 30, 2021. Mr. Boesen commented that he does not support setting a date of September 30, 2021. If there is a perceived notion,that someone is dragging their feet,then that should be addressed between the police chief and his staff. He finds the date to be unreasonable and does not think it is within council's purview to be setting a deadline and that the police chief should be allowed to run his department and get this done in the timeline he feels is appropriate. Mr. Morrissey explained the council sets all types of deadlines as a legislative body. This action was agreed to May 17, 2021 and he gave six weeks' notice that this item would be on the agenda, so he does not believe this deadline is unreasonable in any way, shape or form. Mrs. Klein concurs with Mr. Boesen and believes it is an overreach of the city council and it is micromanaging a department and that it signals to the citizens a vindictiveness. A pursuit without end of the love and affection that the officers have for that design. No patience, just vengeance and it makes us look petty and mean spirited and does not show leadership at all. Resolution adopted and upon approval by Mayor assigned No. 2021-603. 160421 - Morrissey/Feuss that "Resolution ordering that the transport of the new Waterloo Police Departmental patches from Hallmark Emblems and all Waterloo Police Departmental uniforms and clothing for"removal and/or replacement"to the business Carpenters Uniforms scheduled to do such work,will be done by Sharon Juon,Jerome Amos and Patrick Morrissey who are Waterloo City Council members at passage of this Resolution on September 7, 2021, and that these council members will be providing this transport, however many trips it may take, at no cost to the City of Waterloo", be adopted. Roll call vote-Ayes: Five. Nays: Two (Klein and Boesen). Motion carried. Forest Dillavou, 1725 Huntington Road, commented he does not feel this the appropriate thing for council to do. You have people hired to do these things, and a department in charge of doing these things. They need to be the ones doing these things. Once you take city property and put it in your private vehicle and travel,you are therefore working for the city of Waterloo. If you happen to hit and kill somebody on the highway, you are under the employment of the City. There is likely a financial liability should something happen while transporting those city items. Todd Obadal, 124 Amity Drive,echoed the concerns of Mr.Dillavou and would like the City Attorney to comment on the potential insurance issues. Mr. Morrissey explained that he had conversations with both Chris Fereday from the insurance company and the City Attorney, Marty Petersen. It was decided those council members would sign a waiver and release of liability. He further explained the reasons for volunteering to transport the items. Page 24 of 248 September 7, 2021 Page 14 Mr. Boesen commented he does not believe any member of council should partake in demoralizing the officers of the police department any more than it is perceived they already have. This is completely out of the purview of the council. We set their budget,but we don't run their department. Mrs. Klein commented that everyone's concerns are taken into consideration except the men and women who serve. This is a total disrespect. Mrs. Juon commented this is hardly a show of disrespect. In fact, we are showing that we do respect them. Their time is valuable. Their time needs to be on the streets. They are spread too thin and we are alleviating the stress on them as well as the cost to the citizens of Waterloo. She said they spoke with the chief ahead of time, who was in favor of this for the very reasons stated. A discussion took place between councilmembers regarding comments of personal motivation, political hate and public perception regarding the issue. Mayor Hart commented he does not have a problem with council setting a deadline, but believes it to be an overreach of council purview to be involved in the transportation of items on behalf of our offices. Resolution adopted and upon approval by Mayor assigned No. 2021-604. 160422 - Grieder/Feuss that"Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the FY 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)-9D-07, Contract No. 1051, 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. 2021-605. 160423 - Grieder/Feuss that"Resolution approving a Second Amendment to a Customer Agreement with Sensys Gatso USA, Inc., originally approved on August 7, 2017, to allow for the collection of unpaid notices of violation owed to the City in connection with the City's automated traffic enforcement program, including payment of 30 percent of any outstanding fees collected by the city to Sensys Gatso USA, Inc., and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, commented that the current ordinance was not made available for citizens to reference with the proposed changes and questioned how much the city has paid the company and if this is an increase or decrease. Chief Fitzgerald commented that this ordinance just clarifies the language inside the contract. Marty Petersen, City Attorney,provided additional clarification. Mr. Boesen questioned if there is a cap on attorney fees since the agreement allows Gatso to choose an attorney to represent the City of Waterloo. Martin Peterson, City Attorney, explained that Gatso must obtain the City's consent prior to retaining an attorney to recoup unpaid fines, and clarified that the city decides which fees would be sent to collection, which triggers the 30 percent versus the income-offset program managed through the City Clerk's office. Resolution adopted and upon approval by Mayor assigned No. 2021-606. 160424 - Grieder/Feuss that "Resolution approving an Amendment to the Contract with Advanced Heat Treat Corp., of Waterloo, Iowa, and the Iowa Economic Development Authority, originally executed April 16, 2018, for High Quality Jobs Program-Tax Credit Component Incentives, to extend the project completion Page 25 of 248 September 7, 2021 Page 15 date to March 31, 2022, 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. 2021-607. 160425 - Klein/Feuss that"Resolution authorizing assignment of rebates and development grant to 3FI,LLC,in conjunction with a Development Agreement with 4FI Waterloo, LLC, originally approved on April 6, 2020, for property located at 2130 Newell Street, 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. 2021-608. 160426 - Klein/Feuss that "Resolution approving a request by C 10 Investments, LLC, to approve the preliminary plat of Schoitz Addition, a 4-lot commercial subdivision located at 2101 Kimball Avenue",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-609. 160427 - Klein/Feuss that "Resolution approving a request by L and BB, LLC for the Preliminary Plat of Southland Park Sixth Addition, a re-plat of Lots C-5 and C-6 of the Southland Park Third Addition, a 6-lot residential subdivision located southeast of 2950 Southland Drive", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-610. 160428 - Feuss/Grieder that "Resolution approving a request by the City of Waterloo to dedicate 21,464 square feet of city owned property as right-of-way that currently serves as Commercial Street, located adjacent to 2314 Commercial Street",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-611. 160429 - Feuss/Grieder that "Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, in the amount of $331,077, for the Design of Additional 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. 2021-612. 160430 - Feuss/Grieder that"Resolution approving a Professional Services Agreement with The Goodman Corporation in the amount of $36,500,for preparation and submittal of a grant application to the US Economic Development Administration, in conjunction with construction of a portion of a Fiber Backbone Network, 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. 2021-613. ADJOURNMENT 160431 - Feuss/Grieder that the Council adjourn at 8:23 p.m. Voice vote-Ayes: Seven. Motion carried. Page 26 of 248 September 7, 2021 Page 16 LeAnn M. Even, CMC, IaCMC Deputy City Clerk Page 27 of 248 CITY OF WATERLOO Council Communication Minutes of September 10, 2021, Special Session, as proposed. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of September 10, 2021, Special Meeting Backup Material Submitted by: Submitted By: Page 28 of 248 September 10, 2021 The Council of the City of Waterloo, Iowa, met in Special Session via Zoom conference, at 2:30 p.m., on Friday, September 10, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Morrissey, Feuss, and Juon. Absent: Amos, Klein, and Grieder. 160432 - Morrissey/Boesen that the Agenda, as proposed, for the Special Session on Friday, September 10, 2021, at 2:00 p.m.,be accepted and approved. Voice vote-Ayes: Four. Motion carried. OTHER BUSINESS 160433 - Morrissey/Boesen Motion approving a 5 day Class C Liquor License with Outdoor service, expiring on September 17, 2021, for Waterloo Center for the Arts, located at 225 Commercial Street. Voice vote-Ayes: Four. Motion carried. ADJOURNMENT 160434 - Boesen/Feuss that the Council adjourn at 2:32 p.m. Voice vote-Ayes: Four. Motion carried. Kelley Felchle City Clerk Page 29 of 248 CITY OF WATERLOO Council Communication Proclamation declaring September 17-23, 2021 as Constitution Week. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Constitution Cover Memo Submitted by: Submitted By: Page 30 of 248 CIT( OffT ®®, I® c PROCLA"nON WHEREAS, September 17, 2021, marks the two hundred thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WIERS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THE ORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of September 17 through 23, 2021, as CON ON %%EK In Waterloo,Iowa,and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 2011 day of September 2021. ATTEST: 1 Kelley Felchl Quentin Hart City Clerk Mayor CITY OF WATERLOO Council Communication Proclamation declaring September 20-26, 2021 as Museums for All Week. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Museums for all week Cover Memo Submitted by: Submitted By: Page 32 of 248 0 0 CrrY Ow WATEpLOO. IOWA PROCLAMATION WHEREAS, museums can increase our sense of wellbeing, help us feel proud of where we have come from, can entertain, inspire, educate, challenge and stimulate us; and WIIEUAS, with society facing issues such as poverty, inequality, intolerance and discrimination, museums help us understand, debate, and address these concerns; and Yl IMMAS, museums contribute to quality of life, help define community identity and serve as cultural and economic engines; and I&IIEREAS, Waterloo is home to significant and unique museum attractions and experiences including the Grout Museum District, Waterloo Center for the Arts/Phelps Youth Pavilion, the National Dan Gable Wrestling Museum, Cedar Valley Arboretum and Botanic Gardens,John Deere Tractor Museum, and African-American Historical and Cultural Museum of Waterloo; and WIEREAS, in the spring of 2021, the Grout Museum District, Phelps Youth Pavilion, the National Dan Gable Wrestling Museum, and the Cedar Valley Arboretum and Botanic Gardens came together to be a part of the Museums For All program; and WHEREAS, this signature access program with the Institute of Museum and Library Services, administered by the Association of Children's Museums, encourages people of all backgrounds to visit museums on a regular basis in order to build lifelong museum-going habits by reducing or eliminating financial barriers to access; and WHEREAS, more than 500 institutions nationwide participate in this initiative in an effort to advance innovation, lifelong learning, along with cultural and civic engagement; and %%EREAS, through the Museums for All program, a discounted admission of $2.00 per person is available for families of up to four persons with the presentation of a SNAP Electronic Benefits card at participating museum venues; and Waterloo has been designated as a "Hub City" by the Museums for All program. N0198 THE 010.4 I, Quentin Hart, Mayor of the City of Waterloo, in recognition of all the institutions who are part of the Museums For All program, hereby proclaim the week of September 20th through September 26th,2021 as: MUSEUM FOR AU WEEK IN w)'WONY IIIIEHEW I have hereunto subscribed my name and caused the seal of the City of Waterloo to be affixed this 20th day of September 2021. ATTEST: elley Felc a Quentin Hart City Clerk Mayor O O Page 00 U111248 CITY OF WATERLOO Council Communication Resolution approving a recurring Master Equity Lease Agreement for FY 2023, with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three(23)vehicles for police administrative and investigative staff, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/1/2021 ATTACHMENTS: Description Type ❑ Master Lease Agreement Backup Material Resolution approving a recurring Master Equity Lease Agreement for FY SUBJECT: 2023. with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three 23) vehicles for police administrative and investigative staff, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Joe Leibold, Major Request that the City Council pass a resolution authorizing the Mayor to sign Recommended Action: the recurring lease agreement with Enterprise Leasing to lease 23 vehicles for the administrative and investigative staff for FYE 23. These vehicles will replace our current leased vehicles on a rotating basis. Summary Statement: Funds from the current lease will be utilized to fund or partially fund next each recurring year. Data/Analysis and Strategies: N/A Implementation,Accountability, Implementation strategy includes determining what vehicles are available, and Communication: prove most cost effective and usable by staff. Expenditure Required/Source of Initial cost not to exceed $180,000, primary source of funds is capital Funds: returned from current lease. Alternative: Purchase vehicles Page 34 of 248 CITY OF WATERLOO Council Communication Request of Main Street Waterloo and the Waterloo Community Schools for a variance to the Noise Ordinance on September 28, 2021 from 9:30 a.m. to Noon, in conjunction with the Mayor's Fun Run event to be held at the Riverloop Expo Grounds with the use of a PA system. City Council Meeting: 9/20/2021 Prepared: 9/2/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request Backup Material Request of Main Street Waterloo and the Waterloo Community Schools for SUBJECT: a variance to the Noise Ordinance on September 28, 2021 from 9:30 a.m. to Noon, in conjunction with the Mayor's Fun Run event to be held at the Riverloop Expo Grounds with the use of a PA system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 35 of 248 To: City of Waterloo Attention: Mayor Quentin Hart & City Council From: Main Street Waterloo & Waterloo Community Schools Date: August 26, 2021 . .Re: Mayor's Fitness Day Main Street Waterloo, the Waterloo Community Schools, and the city of Waterloo will be hosting the 21St Annual Fun Run with the Mayor on Tuesday, September 23 from 9:30AM until 12:OOPM. The schedule of events will take place in the Riverl-oop Expo Grounds and will include; an official greeting from city dignitaries, a "pep talk" from a celebrity, and a 1 mile fun run with the Mayor at 10:OOAM. All public and parochial 4tn graders (apx. 900) will be invited to participate. The route will begin and end at the Expo Grounds with the students running on Park Ave, to Mulberry St, to E. 4t" St., to Jefferson St., & back to the Expo Grounds. We will need cooperation from the following city departments: Center for the Arts Use of Expo Grounds. Setup will begin Monday afternoon Sept 27 and will be completed on Sept 26. Tear down will be immediately following the event. Engineering Department For the Run, we will need to close down the following streets at approximately 10:OOAM for the run route. - 4 I St. and Park Ave. from Mulberry St. to Jefferson St - The side streets within that area between 5t" St. to 3rd St. See map enclosed. We will open the run area after the race (Apx. 11 :OOAM) Street Department We request street barricades to be dropped along the route by 5PM on Monday, Sept 27. The barricade placement map is included. Traffic Department . We will need to bag the parking meters by 6:OOAM on the 28th to help with barricading and setup. Page 36 of 248 CITY OF WATERLOO IOWA APPLICATION FOR VALIANCE TO NOISE ORDINANCE Applicant's Name: Main Street Waterloo Applicant's Address: 212 E. 4h St Applicant's Phone#: 319-291-2038 Anticipated Date of Variance: Sept 28, 2021 Name of Event: Mayor's Fun.Run Group Organizing the Event: Main Street Waterloo & Waterloo Schools Times of day of variance: 9:30 AM -- Noon Geographical location of variance, physical address: Riverloop Expo Grounds Distance of activity from residential properties: 1 block Please explain the event requiring the variance and be specific. Include geographical location or drawings, and what actually will exceed the noise ordinance, such as band playing, PA system, etc. 1. we will be having speakers before the run 2. we will have "live healthy" demonstrations after the run Applicants Signature Date City Council Action Police Department Recommend n Approval: Approval: , Denial: Denial: Decibel level: Page 37 of 248 i Its YOo S f On RVO)/FUO."day ^- ---- -� cA aCOP �n ETTE n � b. ul LU S ORE 1'os[ OA i S � IC:EDA i � i.IG1`diy CIAL c � 04 s FE Page 38 of 248 CITY OF WATERLOO Council Communication Resolution approving request of Ronald Davis for a waiver for a concrete driveway, located at 903 Kingsley Avenue (approach on Drexel Avenue), and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 ATTACHMENTS: Description Type ❑ DW Waiver 903 Kingsley Ave Backup Material Resolution approving request of Ronald Davis for a waiver for a concrete SUBJECT: driveway, located at 903 Kingsley Avenue (approach on Drexel Avenue) and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: WOODLAWN LOT 1 BLK 11 Page 39 of 248 WAIVER ®ate: 4705t2-7.azo—J Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: hereby request a waiver to the driveway and sidewalk specifications for the construction of a /V C t:�& 7 !� /� t! I<J� '/ r driveway or sidewalk located at (concrete or asphalt} U/ lq (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination'of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street.. Other: Ort ex-e f I agree to the following: I. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. Z. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a'permit from the office of the City Engineer. S. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. E Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature of Property Owner Page 40 of 248 CITY OF WATERLOO Council Communication Resolution approving request of Brad Taylor for a waiver for a concrete driveway, located at 1355 Campbell Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 Resolution approving request of Brad Taylor for a waiver for a concrete SUBJECT: driveway, located at 1355 Campbell Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway a 1355 Campbell Avenue. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Neighborhood Impact: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. LEWIS MILLERS SMALL FARMS PARC EL E DESC AS LOT 47 EXC THE W 66 FT THEREOF & LOT 46&A 20 FT ALLEY BETWEEN CAMPBELL AND HOLLYWOOD AV& LYING BETWEEN T HE CHICAGO NORTHWESTERN RR ROW LINE & Legal Descriptions: LOTS 46& 47 EXC ALL T HAT PART OF LOT 46&ALSO ALL THAT PART OF A 20 FT ALLEY LYI NG SLY OF CAMPBELL AV& SELY O F &ADJ TO SAID LOT 46 WHICH I S ELY OF A LINE WHICH IS 296 F T NORM DIST OF & PAR WITH THE WLY LINE OF SAID LOT 46 Page 41 of 248 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 18, 2021 on the proposed issuance of not to exceed $14,500,000 General Obligation Urban Renewal Bonds for an Essential Corporate Purpose (ECP-UR-1), and instruct the City Clerk to publish notice. City Council Meeting: 9/20/2021 Prepared: 9/9/2021 ATTACHMENTS: Description Type ❑ Council Comm ECP UR 1 Bond Hearing Sept 2021 Backup Material Resolution setting date of public hearing as October 18. 2021 on the SUBJECT: proposed issuance of not to exceed $14,500,000 General Obligation Urban Renewal Bonds for an Essential Corporate Purpose (ECP-UR-1) and instruct the City Clerk to publish notice. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer General Obligation Bonds—ECP/UR-1- Not to exceed $14,500,000 General Obligation Urban Renewal Bonds for essential corporate urban renewal purposes, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban Recommended Action: renewal projects under the authority of Chapter 403 and the Urban Renewal Plan for the San Marnan Redevelopment Area, as amended from time to time, including those costs associated with acquisition of property and financing one or more Economic Development Grants to private developers to fund the acquisition, construction, and equipping of a recreational theme park. The proposed development agreement for the theme park includes a contribution and papnent for land from the city in the amount of Summary Statement: $14,000,000. The City's bond counsel and financial advisor have recommended that the hearing authority be set at a higher amount to ensure that a source of funding for all potential issuance costs is authorized. The new principal amount of approximately$14,500,000 plus interest will be required to be repaid in the future. Expenditure Required/Source of Repayment will be made from various sources, including tax increment Funds: revenue, hotel motel taxes and general property taxes. Additional development will be needed in the district to fully fund the debt service requirements. Page 42 of 248 CITY OF ERLOO FINANCE DEPARTMENT Michelle Weidner, CPA Chief Financial Officer Council Communication City Council Meeting: September 20, 2021 Prepared: September 9, 2021 Dept. Head Signature: Michelle Weidner SUBJECT: Bond Issue Hearing — Economic Development Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Adopt a resolution to set the date of hearing as September 20, 2021 on the proposed issuance of bonds, as follows: ECP/UR-1 - Not to exceed $14,500,000 General Obligation Urban Renewal Bonds (ECP-UR -1) for essential corporate urban renewal purposes, for purposes of said City, 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 Plan for the San Marnan Redevelopment Area, as amended from time to time, including those costs associated with acquisition of property and financing one or more Economic Development Grants to private developers to fund the acquisition, construction, and equipping of a recreational theme park. Summary Statement: The proposed development agreement for the theme park includes a contribution and payment for land from the city in the amount of $14,000,000. The City's bond counsel and financial advisor have recommended that the hearing authority be set at a higher amount to ensure that a source of funding for all potential issuance costs is authorized. 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 tax increment revenue, hotel motel taxes and potentially general property taxes. Additional development will be needed in the district to fully fund the debt service requirements. Policy Issue: The issuance of bonds commits the city to future repayment. Page 43 of 248 CITY OF WATERLOO Council Communication Resolution approving renewal of Crime and Fidelity insurance, effective September 15, 2021, in the amount of $3,741.00. City Council Meeting: 9/20/2021 Prepared: 9/16/2021 SUBJECT: Resolution approving renewal of Crime and Fidelity insurance, effective September 15, 2021, in the amount of$3,741.00. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 44 of 248 CITY OF WATERLOO Council Communication Resolution approving a request by Dawn Klingfuss for a variance to the Noise Ordinance on Friday, October 1, 2021, from 4:00 p.m. — 7:00 p.m., in conjunction with the Stop the Mandates Protest event to be held at Lincoln Park, including the use of bull horns. City Council Meeting: 9/20/2021 Prepared: 9/20/2021 Resolution approving a request by Dawn Klingfuss for a variance to the SUBJECT: Noise Ordinance on October 1, 2021, from 4:00 p.m. - 7:00 p.m., m conjunction with the Stop the Mandates Protest event to be held at Lincoln Park, including the use of bull horns. Submitted by: Submitted By: Joe Lcibold, Major Page 45 of 248 CITY OF WATERLOO Council Communication Recommendation of appointment of Ben Wagner to the position of GIS Coordinator in the Technology Services Department effective October 4, 2021. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 Recommendation of appointment of Ben Wagner to the position of GIS SUBJECT: Coordinator in the Technology Services Department effective October 4, 2021. Submitted by: Submitted By: Chris Youngblut, Director of Technoloa Recommended Action: Approve Page 46 of 248 CITY OF WATERLOO Council Communication Recommendation of appointment of Justin Harrold, from the current Civil Service List, to the position of Equipment Operator I in the Street Department, effective October 5, 2021, pending completion of physical and drug testing. City Council Meeting: 9/20/2021 Prepared: 9/9/2021 ATTACHMENTS: Description Type ❑ 2021-Personnel Requisition Form Backup Material ❑ Job Description Operator I Backup Material ❑ Personnel Request Questions Backup Material Recommendation of appointment of Justin Harrold, from the current Civil SUBJECT: Service List, to the position of Equipment Operator I in the Street Department, effective October 5, 2021, 12ending completion of physical and drug testing_ Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Recommendation Summary Statement: This position is being filled due to a departed employee. This position is budgeted and required to support the Street Department operation. Data/Analysis and Strategies: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Expenditure Required/Source of$57,886.40 ($27.83 per hr.) with benefits $91,661.18 Funds: 266-19-7100-1111 - Road Use Tax Funding Page 47 of 248 -- r RECEIVED JUL 3 02021 PERSONNEL REQUISITION FORM. Check as applicable: ❑ To start recruiting or civil.service process and/orTo fill a vacancy Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form:at time of submission to Human Resources. 9rYt Jt dtaE#eek Y d:k�y:Ye tY OF***+k at9c454***#��x9r*�t+k ttk te.*-4e*F.x�r.K�r*�:��3:xk icie���'ka�kF ir���x�ex x"t�tkde 4e ok�tx8ri4i:3t�t�r F$r f4�ka�sFltdrx4s�>F•k sk - Position Title: Equipment Operator I - .Department: Street Department Reports To: Street Department:Director Work Location: 625 Glenwood St. Employment Status: Regular Full Time El Temporary Full Tune from to Regular Part Time ❑Temporary Part Time from to ❑Regular 7-Month El Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ®Yes ❑No [ Internal Posting Only Bargaining Position.: M Yes ]No [J Internal hosting and External Advertising Bargaining Group: Non-bargaining Position' 0 Yes n N:? Complete the following if the requisition is to fill a vacancy; New Position or M Replacement Position for:Byran Owens �ment Operator I (Specify n4are and title of formerincumbent) Date,incumbent terminated employment: 07/06/21' Date of final payout, 07/16/21 Anticipated start date: August-2021 No. of hours/week:40 Work schedule: l` ,2"`tor 31 shift; Justification of need for position: Position is budgeted and required to support street department operations in chip sealing,crack sealing,street sweeping and snow removal. This position is a replacement for a departed'employee; effective close of business on 07/06/2021. Request,authorization to make art appointment from current Civil Service Lista What are the likely consequences if the position is not filled? A reduced number of employees will have a negative impact on the department's capabilities of completing all necessary street repairs and snow removal operations, APPROVALS Annual salary requirements: X7,886.4{} Hourly Rate: 27.83 Benefits: $44.07 ($91,661.18 (Payroll tuxes,pension,health ins,-assuming family) Is position budgeted for this and future F'Ys? Z Yes n No If no,how will position be funded? Approved subject to the following conditions: Submitti eparttnent Head-' Date' Mayor Date ' Chief Financial Officer Pate Tainan Resources Director Date Created 8IM014 Page 48 of 248 Submit resume by going to www.ciiyofwaterlooiowa.com, clicking on Job Vacancies,reviewing the Equipment Operator I description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand-delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, September XX, 2020. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION EQUIPMENT OPERATOR I DEPARTMENT PUBLIC WORKS -STREET SALARY $26.02 beginning rate with $1.00 increase after 6-month probation FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL#1177 GENERAL STATEMENT OF DUTIES Performs semi-skilled construction, street maintenance and labor functions such as pot hole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Department Director(s) and Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS sixteen hours a day. Oerates other heavy duty (Illustrative Only) and rough-riding vehicles and equipment, These functions are considered essential for successful performance in this job classification. 4. Participates in special service programs such as emergency storm damage clean up. 1. Performs routine street repairs such as pot hole patching and oiling, and general maintenance and labor duties such as shoveling and raking 5. Fills and sets sandbags, erects barricades and asphalt, finishing concrete, setting concrete assists in monitoring flood pumps during forms, directing traffic and erecting flood emergencies. barricades. 6. Cleans roadside ditches of brush with weed 2. Assists in preparation for winter by erecting trimming equipment or chain saw. snow fence,installing plows,wings,spreaders on trucks and spraying anti-icing material. 7. Washes vehicles,changes tires,repairs,cleans up and paints City buildings 3. Operates dump trucks, crack sealer, equipment with buckets, equipment used for 8. Assists other departments as needed(Example HMA and spray injection patching, assists in would be mechanical work in the garage or loading, hauling from street repairs and/ or picking up refuse in the Sanitation plowing snow and operating snow and ice Department.) control trucks during snow emergencies up to Page 49 of 248 9. Works in busy traffic areas, operating street maintenance vehicle or on foot. 5. Ability to work alone when operating snow removal equipment. 10. Performs street maintenance and repairs in trenches and on uneven ground. 6. Ability to complete daily work sheets weather written and/or the use of a computer, tablet, 11. Lifts and carries items weighing up to one etc. hundred pounds with assistance as needed. 7. Ability to complete assigned work projects 12. Works outside in all weather conditions; without direct supervision. works near moving vehicles and equipment and around mechanical hazards; operates 8. Ability to respond to questions and comments equipment and tools that cause vibration; from the general public tactfully and politely. noise level is often loud; atmosphere may contain dust and traffic fumes;visibility might 9. Ability to communicate effectively and be poor. maintain working relationships with other City employees, supervisors and the public. 13. Performs work of a repetitive nature and varied workload pace. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic and 14. Works independently and with others with educational backgrounds. minimum supervision. ACCEPTABLE EXPERIENCE & TRAINING 15. Attends work regularly at the designated place 1. High school graduate/GED. and time. 2. Minimum one year related street construction 16. Performs all work duties and activities in experience in all types of weather conditions accordance with City policies,procedures and and knowledge of the use of a wide variety of OSHA, City, and Street Department safety hand tools found in street construction and rules and regulations. maintenance work OR 17. Performs all other duties as assigned. Any equivalent combination of education and experience that provides the knowledge, skills REQUIRED KNOWLEDGE &ABILITIES and abilities necessary to perform the work. 1. Knowledge of traffic and safety rules. 3. Required to possess or obtain an Iowa Class A Commercial Drivers' License (CDL) with air 2. Knowledge of occupational hazards brake and tanker endorsements within 6 associated with and the safety precautions months of employment. Good driving record necessary when working in busy traffic areas based on City of Waterloo driver performance or extreme weather conditions. criteria. A candidate with any of the following will not be considered for employment: loss of 3. Ability to read street signs, chemical hazard license for any reason during the period of labels and written directions of supervisors. candidacy for employment, if the candidate remains without a valid,current license for the 4. Ability to safely operate a loader, dump truck, position when the City issues an offer of snowplow, snow and ice control truck, employment; loss of license, plea of guilty, concrete saw, air hammer and other power plea of no contest or its equivalent or tools. conviction for OWI, reckless driving or other Page 50 of 248 major moving violation within the previous safely in all types of weather and a variety of five years; four or more citations for moving road conditions. violations within the previous three-year period, excluding speeding violations of 10 MISCELLANEOUS mph or less over the posted speed limit; three 1. Must wear personal protective equipment or more citations for moving violations within such as safety shoes, safety glasses, safety the previous one-year period. After vest,hearing protection, gloves and hard hat. appointment to the position, disciplinary 2. Must comply with City of Waterloo Residency action or continuing employment status may Policy for Critical Employees (physically be reviewed for the following: four or more reside within 30 mile radius of Waterloo City moving violations within the previous three Hall-will be given reasonable compliance years,three or more moving violations within period as determined by department head). the previous one year or loss of license or Must maintain a local telephone number in conviction for OWI, reckless driving or other order to be contacted during emergencies. major moving violation within the previous five years; two or more at-fault accidents 3. Must submit to Department of Transportation within a three-year period while driving on requirements including pre-employment, City business; three or more at-fault within a post-accident, reasonable suspicion, random three-year period. and return-to-duty/follow-up alcohol and drug testing. ESSENTIAL PHYSICAL ABILITIES 4. Following a conditional offer of employment, The following physical abilities are required with or the City of Waterloo requires a physical without accommodation. examination and a drug test by a physician of the City's choice to determine if an applicant 1. Sufficient strength to perform assigned tasks. is capable of performing the essential functions of the position. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other 5. The City of Waterloo reserves the right to weather emergencies. conduct a background investigation including employment and criminal history checks on 3. Sufficient speech and hearing that permits the any applicant being considered for this employee to communicate effectively with position. coworkers in person or over a radio. 6. Must submit to and pass Civil Service 4. Sufficient color vision, depth perception, examination procedures, including equipment distance and peripheral vision to safely test and panel interview. operate vehicles and equipment in all weather conditions. WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 5. Sufficient dexterity to safely operate powered 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will and manual street maintenance tools. generally work Monday through Friday with twenty- minute paid lunch. Will be required to respond to 6. Sufficient hearing to understand verbal emergency calls on weekends, evenings and holidays. instructions, respond to questions from the There may be significant overtime during severe snow public and hear traffic in work areas. emergencies or flooding. 7. Sufficient personal mobility that permits the Employees hired in this iob classification may be employee to operate required equipment cross-utilized in other City departments in Page 51 of 248 emergency and non-emergency situations as determined by the workload. Consequently,hours of work,including starting and ending times,work schedule, rest periods, work duties etc. will vary depending on the department to which the employee is assigned. who are full time regular employees of the City of EXAMINATION INFORMATION Waterloo shall have one additional point per full year of employment up to a maximum of five points added EQUIPMENT EXAMINATION to their final score. Honorably discharged men and Those applicants who meet the minimum women from the military or naval forces of the United qualifications and who have a good driving record States who qualify per provisions of Chapter 35 of the based on City of Waterloo driver performance criteria Iowa Code and who are citizens and residents of the will be required to participate in a driving test that will United States shall have five additional points added test skills in operating equipment used in this job to their final score upon submission of their DD214 or classification. An individual must receive a minimum ten points added if they were awarded a Purple Heart of eighty out of one hundred points to achieve a or have a service-connected disability. Employment passing score on the equipment examination. This is contingent on passing a post job offer physical will be a pass/fail test. City of Waterloo regular examination including a drug test. Failure to pass the employees who presently hold a Class A or B physical or drug test will result in withdrawal of the Commercial Driver's License as a requirement for employment offer. their iob will not be required to participate in the equipment examination. TESTING DATE All qualified candidates who apply by the deadline ORAL EXAMINATION date will be notified of the time, place and date of the Those applicants who pass the equipment examination equipment and oral examinations. will be required to appear before an oral examination panel consisting of a minimum of three people who A.A./E.E.O. have expertise in the areas being tested. An individual Minority, female & disabled individuals are must receive a minimum average score encouraged to apply. of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination,will be the individuals placed on the certified lists. Applicants who qualify as outlined and EQUIPMENT OPERATOR I DESCRIPTION 18 September 2018 Page 52 of 248 PERSONNEL REQUISITION {Equipment Operator I) The following questions are provided as guidelines to assist you in developing your rational for the position of{Equipment Operator I}in the {Street} 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? Truck Driver (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has similar classifications, however reduced number of operators will directly impact the ability to provide services. (3) How is the work of this position being accomplished now? Reduced number of operators equals reduced tasks that can be accomplished. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet the departmental objectives,i.e., sealcoating, crack sealing, street sweeping and most importantly snow and ice control. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position,while not revenue generating, is critical in providing safe streets for the citizens of Waterloo. (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? The department pays overtime only as necessary, these positions are assigned routes critical to meet the demands of our projects/programs. (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. The department workload is multi-faceted, citizen Page 53 of 248 complaints, annual preventive street maintenance, seasonal street maintenance and now storm water ordinance compliance generated. (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. Should these positions go unfilled,we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel components of the team waiting for product as well as an increase in snow removal overtime and less trucks available to handle snow emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs can't be completed with the timeliness expected of both the department and the customer. (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? I don't believe it practical to outsource the duties of equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? During snow emergencies, many businesses in town cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer-centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 54 of 248 CITY OF WATERLOO Council Communication Motion approving Change Order No. 17 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$4,833, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/1/2021 ATTACHMENTS: Description Type ❑ Change Order#17 - 5 Bros Addition-Reno Backup Material Motion approving Change Order No. 17 with Cardinal Construction, Inc., SUBJECT: of Waterloo, Iowa, for a net increase of$4,833, 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: COR 13:Remove and replace existing conduits on roof as is, remove fixtures, turnover to Owner. Fixtures currently do not work. Page 55 of 248 - �= Document G701w - 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:017 Addition and Renovation,Waterloo,IA. Project No:20-23943 Date:September 08,2020 Date:August 27,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name 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,IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives) A. COR 13: Remove and replace existing conduits on roof as is,remove fixtures, turnover to Owner.Fixtures currently do not work................................................Add 54,833.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO THE CONTRACT SUM$4,833.00. The original Contract Sum was $ 5,516,300.00 The net change by previously authorized Change Orders $ 145,087.30 The Contract Sum prior to this Change Order was $ 5,661,387.30 The Contract Sum will be increased by this Change Order in the amount of $ 4,833.00 The new Contract Sum including this Change Order will be $ 5,666,220.30 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) jCdirpalConstruction,Inc. City of Waterloo ARCHITECT(Firm name) m name) OWNER(Firm name) SIGNATURE SIGNATURE Nathan Compton,Architect Katy Susong,President Quentin Hart,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE August 27,2021 August 30,2021 DATE DATE DATE AIA Document G701"—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 was produced by AIA software at 16:05:45 ET on 08/27/2021 under Order No.9281462824 which expires on 07/12/2022,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: 3TWE A5 ) Pag 5�°o�248 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of$5,024, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 ATTACHMENTS: Description Type ❑ Change Order#2 - 5 Bros 2nd Floor Reno Backup Material Motion approving Change Order No. 2 with Cardinal Construction Inc.. of SUBJECT: Waterloo. Iowa, for a net increase of$5,024, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor 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: COR 02: Cost for folding partition structures. Page 57 of 248 �4-A1,A1A Document G701 " - 2017 Change Order PROJECT:(Naive and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullis an Brothers Convention Center Contract For:General Construction Change Order Number:002 271d Floor Renovation,Waterloo. IA. Project No:20-24695 Date:May 26,2021 Date:September s,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:fNaure and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterton,IA 50703 Waterloo,IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Con (ruction Change Directives) A. COR 02: Cost for folding partition structures.................................................................... Add $5,024.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$5,024.00. The original Contract Sum was $ 1,810,800.00 The net change by previously authorized Change Orders $ 0.00 The Contract Surn prior to this Change Order was $ t,810,800.00 The Contract Sum will be increased by this Change Order in the amount of $ 5,024.00 The new Contract Sum including this Change Order will be $ 1,815,824.00 The Contract Time will be unchanged by zero(0)days. The new date of Substantial Completion will he December 23,2021;New Feral Completion Date: January 7,2022. 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) aid' al.Construction,Inc. City of Waterloo ARCHITECT(Finn name) ACTOR(Firm name) OWNER(Finn name) SIGNATURE V41TURE SIGNATURE Nathan Compton,Architect/Project Katy Susong,President Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE September 8,2021 September 8,2021 DATE DATE DATE AIA Document G701" 2017.Copyright©1979,1987,2(100.2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute or 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 11:26:00 ET on 09/08/2021 under Order No.9281462824 which expires on 07112/2022,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: (MgADMA) Page 58 of 248 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$2,788.88, in conjunction with the FY 2021 Shaulis Road Trail Extension- Phase II (TAP-U-8155(766)- 81-07), Contract No. 1012, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/13/2021 ATTACHMENTS: Description Type ❑ Change Order#1 Backup Material Motion approving Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$2,788.88, in conjunction with the FY SUBJECT: 2021 Shaulis Road Trail Extension- Phase II (TAP-U-8155(766)-81-M Contract No. 1012, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Matt Schindel, Associate Engineer Recommended Action: Approve change order. Implementation,Accountability, and Communication: Page 59 of 248 Please wait. . . If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document. You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux®by visiting http://www.adobe.com/go/reader—download. For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader. Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries.Mac is a trademark of Apple Inc.,registered in the United States and other countries.Linux is the registered trademark of Linus Torvalds in the U.S.and other countries. Page 60 of 248 CITY OF WATERLOO Council Communication Motion to approve Solicitation Registration Application by David Grimm on behalf of Disabled American Veterans Chapter 11, to raise funds for the Iowa Veteran's Home, purchase food cards for Christmas, publications for distribution and to support Chapter operations. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Solicitation Registration Backup Material Motion to approve Solicitation Registration Application by David Grimm on SUBJECT: behalf of Disabled American Veterans Chapter 11, to raise funds for the Iowa Veteran's Home, purchase food cards for Christmas, publications for distribution and to s=12ort Chapter operations. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 61 of 248 city Of Watarloo Soles Registration SS# Name of Applicant M ,�N U • S . Date: Nam of Organtmoon why Applicant is Solving for. > Q TAc a,e-A n� \Jc�c a o,,)s C N�\Vrcct ►i Organlzation's Local Address: �G�� ('o"�°� ���r � W ATUk LDrO �`3 A OfgWdZafiOrfS National !-ieadgUarters Address: �gt uwcs ce , Person in charge of local solicitatimc Dame: C c rn+v� . A ► S iRMW 3%Ct _ 139 MA�.aaJ` Address: 12"�� W �`'� SYt�c,T City: 1a4�'rEe�� Stafe�Trp: ��a� `L Purpose of solicftationorpurpose of .�r� ��ri,.��, �rr���N ' ,,� �� Names of principal ofers of cmanizafiOn. . Name: c A€. k RY `jtQY Title: Ntclifle:__1�CNEt.�V1o►�liJ �t�irn�C�' T �: -,c4 V A Name: RtiPh'VA i' Methods of solicift or Fad funds: (�c r 61 s a�u�Y�.$a 5 c �s nE -v A L,c,s Medmd flfd of scucked: M®Nzrj%Py surtbaar FcN 1awa ,4tTEQAn3,� ?,Ae- kv%s , 'rccz CexDs Veit CmLwe v%pts �veel�R3� '�.xp l�C,A�'ion�.S F10- �i5rtt.gJctc� Percenfage of wow collection 10-be dis tiled is y: r o v"7 0 Pere ea ge of gross collection to be retuned tD naUonal uarters: Appy: Data: $10 Fee Rec~. $5.000.00 Corpo Date. q W2 1 Applicant Recap 2 Permit Few PnOD License No:2,o—? 2 Page 62 of 248 Page 63 of 248 CITY OF WATERLOO Council Communication Exception to Burning Yard Waste Application submitted by UAW 838 United Auto Workers, to burn only clean hard wood using 55-gallon steel drum burn barrels at locations shown in the attachment, from October 1 through the winter of 2021. City Council Meeting: 9/20/2021 Prepared: 9/10/2021 ATTACHMENTS: Description Type ❑ Exception to Burning Yard Waste Application Backup Material Exception to Burning Yard Waste Application submitted by UAW 838 SUBJECT: United Auto Workers, to burn only clean hard wood using 55-gallon steel drum burn barrels at locations shown in the attachment, from October 1 through the winter of 2021. Submitted by: Submitted By: Brock Weliver, Fire Marshall Page 64 of 248 Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa consider the following application to allow the burning of yard waste in accordance with Secion 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: 6I�w 929 2. Address and Phone No. of Applicant: 26/S GUS. , t ��1ATElP cv.� 6.r,X !/7 s®7o,2 3. General Description of area to be burned (including size): 3500 oe, 0ot-j,4yo 5:Ty 320 1 U) . 12106�{ -j AV , L4(oo A\'6 4. Dates and times of burning: ell'15142rlp 5. Description of Vegetation: /YibivF 6. Description of management techniques: /!eCDo,W� pov S' tee., le '9'F Gr>®,omad mo 7. Describe containment procedures: 53-411 ur-A 6 Signature of Applicant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning,please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been revigWd a pproved by: Fire Chief A Date Fee Paid $ , 00 Receipt No. DC7?2.- oo1-)g Page 65 of 248 Page 1 of 1 , f t wise i x xye O 1 rtan c�aa«�wrtt�h dtisCaay4►;c]IM-2061 ES arc C� rj Page 66 of 248 Page 1 of 1 > , M o 4 r w� d 1_1__.-_-Aftenncn Q/7G/IA1 G Page 67 of 248 Page lol . . . . . . . � . . . | \ � \ \ 1\ mp awKed'wS ,m tm2DOl EM o�/ ` • /t(- 57L- �44 � Page 68 0 248 mss, Page 69 of 4 i Black Hawk Count Parcel Map Parcel ID: 8913-26-127-005 Deed Holder: ITY OF WATERLOO Legal: NPLATTED WATERLOO WEST ALL THAT PART OF THE SE SEC 22 NW Lopond r� ."P.n roadnamm_ ,taj�`.J�• avport Aeriel Pttota! nredapl mark Nawk Co. parks_ parks twpmg al'r Railroads / Township. /,• 9actfon. Water CI Parcels r,. R1Vh%of Way ® Township J City LIMB railroad dim - rmams— roaddim watername_, i r_""E+rl,�I,r,��� r;- parCeltllm 1 Map craMed with AregWS•Copyty rl tCt i19�•20Qt! )Mt. ©©a t Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo, Iowa 507034774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone: (319)833-3002 records, including plats,surveys,recorded deeds, and contracts,and only contains Fax: (319)833-3070 information required for local government purposes.See the recorded documents for more E-mail: auditor co.black-hawk.ia.us.or detailed legal information. 13 P,-(-a-C,av Page 70 of 248 Black Hawk CounV Parcel Map Parcel ID: 8913-26-127-005 Deed Holder: ICITY OF WATERLOO Le al: JUNPLATTED WATERLOO WEST ALL THAT PART OF THE SE SEC 22 NW Lepond noaptsl rostlnama_ afrpan Ad.)Photon fired.pl Ria<k Rawk Co. parks_ parMa twprne Railroads Townahlp. 9.ctirnw Wats Pa—I. Right.of Way Township Cdy L— railroad_dim roaddtm warornams pa—ldim Rave r R Rb 7, Map Greolod wAh ArcIM3 Copyright JCI 19922001 ESRI Inc. Black Hawk County, Iowa Map Disclaimer: This map does not represent a survey. No liability is assumed for the 316 East 5th Street ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo, Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone: (319)833-3002 cords, including plats,surveys, recorded deeds, and contracts, and only contains Fax: (319)833-3070 nformation required for local government purposes. See the recorded documents for more E-mail: auditorDco.black-hawk.ia.us.orci .tailed legal information. 1 Page 71 of 248 1 Black Hawk ^ount , Iowa i Logeod + .. 2. h—pR.l —d...._ Wp-t A.H.l Ahot.. i I rr.d.pt 81-k R.ak C.. R.II—ds T—hip. Right—I.W.y M t)59 a 7 clry I.i,w. ABa a rallroad_tllm 1 f 'FII sry r rc , v v� p.rr.ola,n . „ nW M;.c.'Od With ArcIMS Copyright JCI 1992.2WJI EMI Inc, ®t✓=�Ci7h�f� Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo, Iowa 50703-4774 the Black Hawk County Assessor or their employees. This map is compiled from official Phone: (319)833-3002 records, including plats, surveys, recorded deeds, and contracts, and only contains Fax: (319)833-3070 information required for local government purposes. See the recorded documents for more E-mail: auditor co.black-hawk.ia.us.ordetailed legal information. cy-\ 101171-3 Page 72 of 248 }Urial PM1oloa Black Hawk Count , Iowa Legend M1oapiUl roadnama_ airport NroderA 9Uck HM k Co. parka pa,ka twpmg IUd—dc iownsh,ps Seckona P r- acala Rlehh&.Way rowmhip City Li— ranraad_dlm rrnam._ �W a y wamrnamo parceidim T W.COMMERCAL ST. Map cir"al with ArctMS Copyright iCI 1992.2001 ESR!Inc. Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo, Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone: (319)833-3002 records, including plats, surveys, recorded deeds, and contracts,and only contains Fax:(319)833-3070 information required for local government purposes. See the recorded documents for more ack-hawk.ia.us.or detailed legal information. E-mail: auditor co.bl Page 73 of 248 Black Hawk Coun!y Parcel Me Parcel ID: 8913-26-127-005 Deed Holder: CITY OF WATERLOO Le al: NPLATTED WATERLOO WEST ALL THAT PART OF THE SE SEC 22 NW LSO*nd Salacbd parcaldim ''' rvaWna roadvama_ - hoaPrtar k akrwrt 81ack Mawk Co. ... hretivpt c`M '+ parks twp-q � Townahlpa � *+ �, 9acponv �s Waror 1 Pa-1. x r V Rlptds-W-Way 0 Tam,nahlp r CM/U— ` ? � e radraetl dim '`°s+ _ � rtnama ' yy � —ddlm R 4�IS r S xa �, � S S 1 �44�L tip 3 Map ammed with ArdM8•Capynpht tC'r IM-2001 Black Hawk County, Iowa Map Disclaimer:This map does not represent a surrey. No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein, either expressed or implied by Black Hawk County, aterloo, Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone: (319)833-3002 records, including plats, surveys, recorded deeds, and contracts, and only contains Fax: (319)833-3070 information required for local government purposes. See the recorded documents for more E-mail: auditor co.black-hawk.ia.us.orIdetailed legal information. ( ( Page 74 of 248 DOCK naWK %,ounty rarcel Ma Parcel ID: 8913-26-127-005 Deed Holder: CITY OF WATERLOO Legal: UNPLATTED WATERLOO WEST ALL THAT PART OF THE SE SEC 22 NW Leg■"d 9a1a0bd parcahhm FsaNns roatlnama_ l� h—ptal p.—I VhdM �Wjj{jJ• .i'Po" Black Mawk Co. eradapt :' parks hvprne Radroad> 1 � Townships yralar Nresle C? Rights of Way © T_hip City UMs _ rallnrad tllm i���,,. frMma +r., v• roadtllm ��' Na}afnamC ' 4§^ s Map eramed with A+r t$•Capyrght tC 1 19912.10D1 SSRI Ina ■ u Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo, Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone: (319)833-3002 records, including plats, surveys, recorded deeds, and contracts, and only contains Fax: (319)833-3070 information required for local government purposes. See the recorded documents for more E-mail: auditoraco.bIack-hawk.ia.us.oLg detailed le al information. `��L' (�l Ami✓ ( Page 75 of 248 Black Hawk County Parcel Ma Parcel ID: 8913-26-127-005 Deed Holder: CITY OF WATERLOO Le al: NPLATTED WATERLOO WEST ALL THAT PART OF THE SE SEC 22 NW hoapi.1 airport A.6.1 Phom /h.d.p! Black hawk Co. / p.rk. [wpmg Town.hlp. w.e.r w� Rights of waY „£✓, Cay Un.f '`c% r.nrwd d+m ! r ar Wimrnam0.. 'v y^ paruldim ::� YYIx 3 I rfk ri f `'1 w r y � t Mays cmMod wdh APci1N13-C (Cl 140.2001 Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo, Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone: (319)833-3002 records, including plats,surveys, recorded deeds, and contracts, and only contains Fax. (319)833-3070 information required for local government purposes. See the recorded documents for more E-mail: auditor co.black-hawk.ia.us.or etailed legal information. Page 76 of 248 Black Hawk County Parcel Map Parcel ID: 8913-26-127-005 Deed Holder: CITY OF WATERLOO Legal: UNPLATTED WATERLOO WEST ALL THAT PART OF THE SE SEC 22 NW Legend 9 I.cbtl parc.ldim .(L� F.aturos rwdna,m_ { ! ♦ J[ nospnal Mrfal PrtMos ,/ g airport black Hawk Co r 53 firedfpt lurks_ park. I lwpmp Rallrwdw Town.hlp. 1.. 9.01ons W.f.r ibgMa of-riay , ® Township CMy uw. ''J•, r n rwdtlfm , n± r� , f IAaP voatad wob ArsIMS•Cov"ht ICI 189Q•20D1 E�ii ins: �Q Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo, Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone: (319)833-3002 records, including plats, surveys, recorded deeds, and contracts, and only contains Fax: (319)833-3070 information required for local government purposes. See the recorded documents for more E-mail: auditorOco.black-hawk.ia.us.o(q etailed legal information. Page 77 of 248 Black Hawk County Parcel Map Parcel ID: 8913-26-127-005 Deed Holder: ICITY OF WATERLOO Le al: UNPLATTED WATERLOO WEST ALL THAT PART OF THE SE SEC 22 NW Legend 9a1acbd paruld!m .; faaNroa ♦oadnama hwWtai A—WehA- airpM nfack Nawk Co. ff wpt parks_ parka R.fl RaJrwJa j 1--hips r water patcela RlghhoM1Way 1--hip ^fi City U- 3 r 1t rrnama l faawim �n watarname �° 'rT� �� t? "V- N flt/ V-Nflt MMP created wdh ArdM3-C ight ICI 199.2001 SARI Inc., Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo, Iowa 50703-4774 the Black Hawk County Assessor or their employees. This map is compiled from official Phone: (319)833-3002 records, including plats, surveys, recorded deeds, and contracts, and only contains Fax: (319)833-3070 information required for local government purposes. See the recorded documents for more E-mail: auditorQco.bIack-hawkja,us.orq detailed legal information. cl Page 78 of 248 Printable Map Output Page 1 of 1 Black Hawk County, Iowa ugend •iryor: Aenal PM1b� nnaq W-k w•n C. parts awprnp R-- i WaRr Wynn F�/ no . Cay lis nr,ruC_�n rwEdm .aMrMma Parcaam r< YID aaalad with km os-capynght lei Mum-4mmi BSRIMc lack Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 16 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County. aterloo. Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official hone:(319)833-3002 ecords.including plats,surveys.recorded deeds.and contracts.and only contains ax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more -mail:auditor coblack-hawk.ia.us.or etailed legal information. http:/,'w-Nl-2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimai)?ServiceName=bhov&... 8/25/2015 Page 79 of 248 Printable Map Output Page 1 of 1 — Black Hawk Coun , Iowa W.R613TO hoftl A1tE. Legend airport Antal Pham. finMpt &xk MaN CA. Parks_ parts Mpfrt, � ' flarNaads Tawnahtps -. . C71 Sections W~ Parcels = • a s. s e a a e i RpMsaI,WaY • a we•Y � • • � • • • F v • .� ♦ ._ a _.. •� " i • f.• iowroap Cay U— .arwa raawam waamam._ pane Mim a� tritl�Ar�i$+CooyNgla;C)1992+2001 EBBING. Zack Hawk County,Iowa ap Disclaimer:This map does not represent a survey.No liability is assumed for the 16 East 5th Street 3ccuracy of the data delineated herein.either expressed or implied by Black Hawk County, aterloo.Iowa 507034774 he Black Hawk County Assessor or their employees.This map is compiled from official hone:(319)833-3002 -ecords.including plats,surveys,recorded deeds,and contracts,and only contains ax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more -mail:auditor0co.black-hawk.ia.us.org [detailed legal information. nn _i.T--___t_t___.O_ O/1C NM C Page 80 of 248 Printable Map Output Page 1 of 1 Black Hawk Coun , Iowa Rmpip� ,a.nM�»_ Ntpprt Apnfl PRaros r..i�. RnNpt &act Wrk Co. wnf npmq _ �� Tewnitxpf �.' Sac4ons • • •.a '. .—. s a .rm 4 # wn+ s a s s ..— s s ._ 0 f a.. • . e a • .� •�..r►...r.s+>.� �r lYa+2r • • + �^. 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S— W—, '�--- P.Rtis 4 Ripemol-W.y " _- I__ Cary tans, rinirtls — •— rwECim NitOrtI.TO_ paromm J e Map paalod vwlh A-rmd S-Copynghl{C l 19M-2001 ESR!Inc. lack Hawk County,Iowa ap Disclaimer:This map does not represent a survey.No liability is assumed for the 16 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County. aterloo.Iowa 507034774 he Black Hawk County Assessor or their employees.This map is compiled from official hone:(319)833-3002 ecords,including plats,surveys.recorded deeds,and contracts,and only contains ax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more IE-mail:auditor0co,black-hawk.ia.us.org Idetailed legal information. Page 82 of 248 CITY OF WATERLOO , IOWA —� WATERLOO FIRE RESCUE 425 East Third Street • Waterloo, IA 50703 • (319)291-4459 Fax(319)291-4279 • September 10, 2021 UAW 838 United Auto Workers 2615 Washington St. Waterloo, IA 50702 RE:Application for Exception to Burning Yard Waste—Burn Barrels UAW 838, This letter is to serve as official notice that the Fire Prevention Bureau of Waterloo Fire Rescue has received and reviewed your application for the Exception to Burning Yard Waste Permit.The Fire Prevention Bureau will allow these special events to occur and pass this application along to City Council for final approval as long as several precautions are met: • Burn barrels must be utilized—any condition which could cause the spread of fire shall be immediately eliminated • Burn barrels can only be filled 1/2 (half)full of fire wood • Fuel source—only clean burning wood will be allowed • Burn barrels must be located 25 feet away from any structure or combustible material • Burn barrels must be constantly attended while a fire has been ignited • Fires must be completely extinguished prior to leaving • A fire extinguisher or other acceptable extinguishing method shall be readily available • Wind speeds must be below 20 miles per hour • The fire department is authorized to require that any fires be immediately extinguished and discontinued if any of the precautions listed above are not adhered to,to include all other applicable city codes or ordinances not listed above. Brock Iver UAW 838 Fire Marshal Representative Waterloo Fire Rescue United Auto Workers www.cedarnet.org/fire CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 83 of 248 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 9/20/2021 Backup Material SUBJECT: Bonds. Page 84 of 248 BONDS FOR COUNCIL APPROVAL September 20, 2021 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 6562552 AL MONAGHAN, LLC JANESVILLE, IA 2255027 BAKER ENTERPRISES, INC. DBA BAKER CONCRETE & EXCAVATING WAVERLY, IA 3470992 SEASONAL SOLUTIONS, LLC DENVER, IA IA5675085 VENTURE CONCRETE, LLC CEDAR RAPIDS, IA ROW BONDS 5/3/2021 Page 1 of 1 Page 85 of 248 CITY OF WATERLOO Council Communication Request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk, at 1139 Logan Avenue, located in the "R-2" One and Two Family Residence District. City Council Meeting: 9/20/2021 Prepared: 8/11/2021 ATTACHMENTS: Description Type ❑ Council Packet 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: approving a request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk at 1139 Logan Avenue, located in the"R-2" One and Two Family Residence District and authorizing the mayor and city clerk to execute said documents. 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 Request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk at 1139 Logan Avenue, located in the"R-2" One and Two Family Residence District. The request to vacate the sidewalk will remove a sidewalk section that is no longer needed for pedestrian purposes, since the recent construction of recreational trail along Highway 63. Logan Avenue(Highway 63)has a ten foot wide recreational trail adjacent to the sidewalk that is being requested to be vacated. Pedestrians can head south or north on the trail past 1139 Logan Avenue. The sidewalk is therefore no longer needed for pedestrian purposes. The sidewalk vacate area does not contain any utilities. There is a 15" sewer main underneath Logan Avenue and a 8"water main to the east of the vacate area. Parker Street has an 18" storm sewer underneath it as well. Summary Statement: The request to vacate the public sidewalk would not appear to negatively Page 86 of 248 affect the area or traffic conditions. The sidewalk is no longer needed for City purposes, and is redundant with the recreational trail to the east. The city will remove the sidewalk, seed it, and turn it back to grass at the applicant's expense. Therefore, staff recommends the request Albert Meeks Sr. to vacate 59 linear feet of sidewalk at 1139 Logan Avenue, located in the"R-2" One and Two Family Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. 3. The City right-of-way/sidewalk is no longer needed for City purposes Expenditure Required: None Source of Funds: N/A Policy Issue: Vacate Sidewalk The applicant is requesting to vacate 59 linear feet of public sidewalk, so the owner will no longer have to maintain the sidewalk. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. The site has been zoned"R-2" One and Two Family Residence District since the adoption of the Zoning Ordinance in 1969. North— Residential—"R-2" One and Two Family Residence District. South— Residential— "R-2" One and Two Family Residence District. East— Residential— "R-2"One and Two Family Residence District. Background Information: West— Residential— "R-2"One and Two Family Residence District. The proposed vacate would not appear to have a negative impact on drainage. The vacate area is in Zone X—Protected by Levee, and is not located in a special flood hazard area as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F. The area on the future land use map is Low Density Residential. The proposed vacate is in compliance with the future land use map. Page 87 of 248 City of Waterloo City Council September 20, 2021 R=4 E QUARRY FO w R-3 Q R-4 o z 0 W DALE ST—R'4 E DALE ST—W ZI'� > ap -P,� R-2;C-Z z w Q m A-1 o Q IL _ A Q z O C/) m � 2 � o rd I ANITA ST LITCHFILUD AVE R-4 M-2 Q `I M-1 ESTHER ST e�o9 M-1 w M-2 m C-1 C-2 C�1 HANOVER ST E HANOVER ST O 1' 63 CO —BREES ST W—WI RLINGTON ST R-2,C-Z FR-'04,P w LESTER ST I R-4;C-ZI _ I I R 2, c I R-2�,C-Z CHARLES ST—C Z - —��� C-1,C-Z WPAIIKERST—z—�O W EPARKERST R2;C-Z J w j J OLIVER ST-ZSTOKES NEWTON ST �I v ( co �� LU I ¢ GABLE ST Q KERN ST R-2 i M-2 Z RICKER ST—Y—RICKET DAWSON ST aL Q R, =2;C-Z DNEWELL-ST I R=2,;C=Z �RIEHL ST R--3' 3 ( C CONGER ST C-2,C-Z RC-Z z QUINCYIST C-2 C-2,C-Z Y CENTER ST�M_1 Q WEBSTER ST 63 Z ADAMS ST - EDWARDS ST C-2 Z Q w C-1 J R�2, w W �O BRA TNOBER ST ( C-IZ > o C-2 R-2, R=2, PARK RD -3 ��1 �' '�' SUMNER ST Q � I � � C-Z—C=Z , w co N� R-4 z " Q �_ � i Q—z Q J J A-1 M-1 � 0— :5—o oRiBYLN M-1 Q o R-4;R-P W � z co �A! �y, m ARGYLE ST co ' ? y II C-2' _R/VE4 �'TF oQ R�4, ALMOND'ST C-2 R-3 M-2 C-2 C-P I R-3 C_Z'� N Adjacent to 1139 Logan Avenue w+1 E Sidewalk Vacate s Albert Meeks 1,000 500 0 1,000 � � F00 Page 88 of 248 City of Waterloo City Council September 20, 2021 W PARKER ST E PARKER ST Vacate Area 1139 Logan, r N � 03 w N / O 3 O v f w � z Q + J J N Adjacent to 1139 Logan Avenue w EOJ Sidewalk Vacate s Albert Meeks Page 8% of 248 September 20,2021 REQUEST: Request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk at 1139 Logan Avenue, located in the "R-2" One and Two Family Residence District. APPLICANT(S): Albert Meeks Sr., 1139 Logan Avenue, Waterloo, IA 50703 GENERAL The applicant is requesting to vacate 59 linear feet of public DESCRIPTION: sidewalk, so the owner will no longer have to maintain the sidewalk. k C IMPACT ON The request to vacate the sidewalk will remove a sidewalk NEIGHBORHOOD & section that is no longer needed for pedestrian purposes, since SURROUNDING LAND the recent construction of recreational trail along Highway 63. USE: VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular or pedestrian traffic in the area. TRAFFIC CONDITIONS: RELATIONSHIP TO Logan Avenue (Highway 63) has a ten foot wide recreational trail RECREATIONAL TRAIL adjacent to the sidewalk that is being requested to be vacated. PLAN and COMPLETE Pedestrians can head south or north on the trail past 1139 Logan STREETS POLICY. Avenue. The sidewalk is therefore no longer needed for pedestrian purposes. ZONING HISTORY The site has been zoned "R-2" One and Two Family Residence FOR SITE AND District since the adoption of the Zoning Ordinance in 1969. Vacate-1139 Logan Avenue Page 1 of 4 Page 9b of 248 September 20,2021 IMMEDIATE VICINITY: North — Residential — "R-2" One and Two Family Residence District. South — Residential — "R-2" One and Two Family Residence District. East — Residential — "R-2" One and Two Family Residence District. West— Residential — "R-2" One and Two Family Residence District. BUFFERS REQUIRED/ The request would not require any buffering by ordinance NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT The area primarily consists of single-family homes constructed HISTORY: between the 1890's and the 1930's. FLOODPLAIN: The vacate area is in Zone X — Protected by Levee, and is not located in a special flood hazard area as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F. PUBLIC /OPEN East High School is approximately one mile to the southeast and SPACES/ SCHOOLS: George Washington Carver Middle School is located approximately 1,300 feet to the north. The nearest open space is George Washington Carver Middle School and Gates Park. WUTILITIES: WATER, The sidewalk vacate area does not contain any utilities. There is SANITARY SEWER, a 15" sewer main underneath Logan Avenue and a 8" water main STORM SEWER, ETC. to the east of the vacate area. Parker Street has an 18" storm sewer underneath it as well. RELATIONSHIP TO The area on the future land use map is Low Density Residential. COMPREHENSIVE The proposed vacate is in compliance with the future land use LAND USE PLAN: map. STAFF ANALYSIS — # ZONING ORDINANCE: is :Ai View of Sidewalk to be vacated Vacate-1139 Logan Avenue Page 2 of 4 Page 41 of 248 September 20,2021 The request to vacate the public sidewalk would not appear to negatively affect the area or traffic conditions. The sidewalk is no longer needed for City purposes, and is redundant with the recreational trail to the east. The city will remove the sidewalk, seed it, and turn it back to grass at the applicant's expense. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on August 10, 2021. iwll a View of sidewalk and trail with 1139 Logan Avenue to the left looking north. . I Looking south from Parker Street to 1139 Logan Avenue with sidewalk adjacent to trail. Vacate-1139 Logan Avenue Page 3 of 4 Page of 248 September 20,2021 STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to the request. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request Albert Meeks Sr. to vacate 59 linear feet of sidewalk at 1139 Logan Avenue, located in the "R-2" One and Two Family Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. 3. The City right-of-way/sidewalk is no longer needed for City purposes. Vacate-1139 Logan Avenue Page 4 of 4 Page 03 of 248 oa.23MI T v2.a�g 1 ,Rq o 129 , I tn 396 340 Y•+ �I39 � m 338 399 338 ` , ad r� � r•n:..c.: I � _ Gar--• x e 336 17 2 = 33G I7 •N �3s d Q 332 ..�� Jiro j"1 �LxJ Q w � ad .328 32 328 1129 "' r rIS 4 .3£76) 112S 323 32P 323 v 322re Ig s 1183 I\t 1121 d L 318 318 1119 i u h 13 S' 317 • '3 b 111 � 12 7d` 12 7 31 311 W ue e � I09 �OGAR+Au�� 49 n. CrJ 0 .YdB 309 'it 308 Ile •.] p II � � c 707 q •k'v`a` ci) f1 Bi %107 r. c .364 4 33' 304? "an o 3b0 I� 14 129 301 3 129 , I9 12.9 .I01 F -rJ OA$a �7a t. �l03.79 IG3. ' lgrss ioa.tre a3.T9 v r j -� • vF r r _1.$3'of 2)_[+' r�,'+._..2 x_143�F $`f _G.. sr� `]923s9.So� � 9a.Or 238 / 9 14 / 239 /29 if /29 1039 ry �] � A ^� � y rf os 7� ♦ A n p fr) Vh- o +e ♦ o X32 233 p 232 153 230 231 Id31 o z 29 I24 129 129 " a u o p r 9 7 Page 94 of 2 8 �, N- My r ism- Ali— AWids -4 � i J PLEASE NOTE 325 Sycamore Street THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS ASSUMED P Box 27 FOR THE ACCURACY OF THE DATA DELINEATED HEREIN,EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATERLOO WATER WORKS Waterloo Iowa 50704 WATER WORKS OR THEIR EMPLOYEES.BLACK HAWK COUNTY AND THE - -- WATERLOO WATER WORKS MAKES NO WARRANTY,EXPRESSED OR - Ph 319-232-6280 Fax 319-232-1962 IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS 4 MAP,AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. r�]a e 95 of 248 8 City of Waterloo Planning & Zouing Department 715 Mulberry Street, Waterloo,Iowa 50703 (319) 291-4366 ® Offer to Vacate and Purchase City Right-of-Way El Request to Vacate Easement,Vacate Sidewalk, or Encroachment Agreement ® Sale of City-Owned Property Appli nt ;� °__.Address: �7e.(`• Phone No.:/, �J�f General Desc yipti n of Property to Vacated(i.e.-alle/y�bbDetw en A t. &B SSouth of C St.). � �� Legal description of area to be conveyed,vacated,or encroached: 1. A non-refundable fling fee(s) shall be made as follows (checks payable to City of Waterloo): ® Right-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee Basement 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 CUBA): • Costs (surveying&mise., demolition, remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Eutire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 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. ' plicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page of 248 S ILE OF PROPERTY POLICY Price: All properties shall have an asking price of: 1. A current appraisal price 2. The current assessed value for that parcel 3. The current price per square foot of abutting property 4. The current price per square foot of adjacent property 5. The applicant or city staff may replace an above-determined asking price with current information on the sale of abutting or adjacent land Price may be modified„by below information: RESIDENTIAL COMMERCIALIINDUSTRIAL Buildable Buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. Payment of future taxes may be counted against 2. City Council may sell land for$1.00 or similar price the purchase price. This shall be counted for 5 for areas within TIF, or Urban Renewal Districts, or years. For sites within CUBA, it shall be extended Industrial Parks, as they see fit for betterment of to 8 years, that area (by Development Agreement) 3. If located within an area which has not seen recent 3. Payment of future taxes may be counted against new housing construction, City Council may sell for the purchase price. This shall be counted for 5 $1.00 plus costs, in accordance with a development years. For sites within CUBA, it shall be extended agreement requiring the buyer to construct new to 8 years. housing. 4. Otherwise, a minimum sale price of 70% of the 4. Otherwise, a minimum sale price of 70% of the price as determined above. price as determined above. (Example: Council approved the sale of land to Con Agra at (Example: Council approved sale of 4 lots along Chestnut the MidPort Industrial Park for$1.00 in exchange for Street for$1.00 in exchange for requirement of 4 homes being requirement of multi-million pudding plant being constructed built within a 2-year timeframe). within 2-year timeframe). Un-buildable Un-buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. May decrease price by 50% for area located within 2. May decrease price by 50% for area located within an easement an easement 3. Payment of future taxes may be counted against 3. May decrease price by 50%-100% for area in rear the purchase price. This shall be counted for 5 or determined to have little to no value (alley, etc.) years. For sites within CURA, it shall be extended 4. Payment of future taxes may be counted against to 8 years. the purchase price. This shall be counted for 5 4. Otherwise, a minimum sale price of 70% of the years. For sites within CURA, it shall be extended price as determined above to 8 years. (Example:A neighbor mowing a paper alley for 10 years may 5. Otherwise, a minimum sale price of 70% of the request to purchase that alley. The alley has overhead price as determined above electric lines. The asking price is$0.65 per sq. ft. - (Example 1: Under these rules, the r o-w frontage along San hypothetical 16'wide by 120'deep-or$1,248.00. They can Maman would still have been transferred for$1.00 due to reduce by 50%for the easement over the entire area. This taxable value of a new building on land. would make selling price $624.00) (Example 2: Under statement of eliminating rearareas with little to no value, Council could still sell alley portion in rear of property for$1.00 to Aramark-as previously requested). For all proptLties: 1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. This shall be^-40% of entire taxes to roughly estimate City's share of taxes paid. 2. Goal is to have construction begun within a predetermined timeframe from approval of sale, 3. Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc. 4. The Council shall not sell un-buildable parcels of land, except to abutting property owners to try and create buildable parcels of land for future tax base development 5. The offer amount and potential sale will also consider"Smart Growth" principles to allow land to be used for the highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the community. PROCEDURE Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable value and expenses in relation to asking price, shall be forwarded to full City Council. Any request that fails to meet the Policy criteria shall not be forwarded to Building & Grounds or City Council. Any such applicant shall need to request review to Building & Grounds by themselves through a City Council member. Such a request shall require a$100.00 filing fee, which is not refundable, regardless of City Council decision. In any case, the City Council still reserves the right to sell property in a variety of manners, such as bidding, development proposal packets, or not selling the property. Page* of 248 CITY OF WATERLOO Council Communication Request by City of Waterloo to vacate, sell and convey 0.48 acres of City owned right-of-way at south of 3338 W Airline Highway, in the amount of$12,005.84, to the Plumb Supply Company. City Council Meeting: 9/20/2021 Prepared: 8/12/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Plate of Survey Cover Memo Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance SUBJECT: vacating 0.48 acres of City owned right-of-way at South of 3338 W Airline Highway for$12,005.84, 121us costs to Plumb Supply Company. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution approving the sale and conveyance of 0.48 acres of City owned right-of-way, in the amount of$12,005.84, to Plumb Supply Company, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval of the action to rescind the previous ordinance vacating the streets and resolution authorizing the sale and conveyance of the streets. The applicant is requesting to vacate portions of City owned right-of-way at south of 3338 W Airline Highway. The request to vacate City owned right-of-way will enable the Plumb Supply Company to have more access to its property and the land it needs to install a 64 SF monument sign that will better advertise the site to truck drivers making deliveries. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area, and the vacate would match up with right-of-way that has already been vacated on adjoining properties. The vacate area does contain a 12"water main, 12"sewer main, and a gas line in the southerly portion of the vacate area. The utility companies have determined that a utility easement will need to be retained over the south 30 Page 98 of 248 feet of the vacate area. The request to vacate City owned right-of-way would not appear to negatively affect the area or traffic conditions. Similar vacate requests for Summary Statement: City right-of-way along West Airline Highway were approved on January 22, 2019 with the passage of Ordinance 5479 and on February 15, 2021 with the passage of Ordinance 5587. The Planning and Zoning Commission at their regular meeting on June 8, 2021 unanimously approved the vacate request Therefore, staff recommends the Request by Plumb Supply Company to vacate 0.48 acres of City owned right-of-way at South of 3338 W Airline Highway, located in the"M-1, C-Z"Conditional Zoning, Light Industrial District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. And subject to the following conditions: 1. A utility easement will be retained over the south 30 feet of the vacate area. Expenditure Required: None. Source of Funds: N/A Policy Issue: Land Use The site has been zoned"M-1,C-Z" Conditional Zoning Light Industrial District since the February 11, 1991 with the passage of Ordinance 3764. The site was previous zoned "M-1"Light Industrial District. North—Vacant Land— "M-2, P"Planned Industrial District. South— Industrial Businesses— "M-1"Light Industrial District. Background Information: East— Industrial Businesses— "M-1"Light Industrial District. West— Industrial Businesses— "M-1"Light Industrial District. The proposed vacate would not appear to have a negative impact on drainage. The vacate area is not located in a special flood hazard area as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0167F. THIS PLAT REPRESENTS A SURVEY OF PARCEL"J" That part of the Southeast Quarter(SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, Page 99 of 248 point being a found %" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 1,865.05 feet; thence North 00°23% West a distance of 33.05 feet to the Southeast corner of existing Parcel"I" per Plat of Survey recorded in File 2019- 00016830 dated 03/12/2020 in the Office of the Black Hawk County Recorder, point being a found %" rebar with license#16775, also being the POINT OF BEGINNING; thence along the East line of said Parcel"I" North 00°23% West a distance of 92.9 feet to the Northeast corner of said Parcel"I", also being the Southwest corner of existing Parcel"A" per Plat of Survey recorded in Misc. Book 297 Page 615 dated 05/04/1990 in the Office of the Black Hawk Legal Descriptions: County Recorder, point being a found 1/2" rebar with license#8033; thence along the South line of said Parcel"A" North 89°413/4' East a distance of 223.45 feet to the Southeast corner of said Parcel"A", point being a found 1/2" rebar with license#8033; thence along the West lines of existing Tracts "D" and "C" per Plat of Survey recorded in File 2019-00009617 dated 11/21/2018 in the Office of the Black Hawk County Recorder South 00'19' East a distance of 92.9 feet to the Southwest corner of said Tract "C", point being a set %" rebar with license#16264; thence South 89°42' West a distance of 223.35 feet to the POINT OF BEGINNING. Containing 20,750 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description. Page 100 of 248 City of Waterloo City Council September 20, 2021 W.BIG ROCK A-1 0 wM-2,P 5�OZ- � JING �z w � w v ORTN R � 0 J —BETS� MIDPOR7—.— p O J m a Q M-1 A- AIRLINE AIRLINEHWY LU S SUPf .1CM�, WAOx� LL r-n'RIITTFRNII IT I AI -1 A G)- HAZELWOOD LN MT INE RD 2 v Lcn ti�� A L p� c) r GERP 6,Q 1 `-LAKE��zED z _ 090�L _ 218 AyST W,WASHINGTON ST �^ Fisher Lake WYTH RD George _ Wyth Lake I II A-1 Al tj � Cedar River L � P\-,c tiaVe Last,e, e q40'3 — Brinker •� JLake N South of 3338 Airline Highway W+1 E Vacate Right-of-Way s City of Waterloo 1,000 500 0 1,000 . . Feet Page 101 of 248 City of Waterloo City Council September 20, 2021 gay . s 3338 West Airline Highway WAIRLINE HWY Area to be Vacated -.. +fit•. �'� i - ar y.,. GERALDINE RD ,� - oft,Vft .h, W.WASHINGTON ST W*N South of 3338 West Airline Highway E Vacate s Plumb Supply Company 250 125 0 250 Fee Page 2 of 248 September 20,2021 REQUEST: Request by Plumb Supply Company to vacate 0.48 acres of City owned right-of-way at South of 3338 W Airline Highway, located in the "M-1, C-Z" Conditional Zoning, Light Industrial District. APPLICANT(S): Plumb Supply Company, 3338 W Airline Highway, Waterloo, IA 50703 GENERAL The applicant is requesting to vacate portions of City owned DESCRIPTION: right-of-way at south of 3338 W Airline Highway. IMPACT ON The request to vacate City owned right-of-way will enable the NEIGHBORHOOD & Plumb Supply Company to have more access to its property SURROUNDING and the land it needs to install a 64 SF monument sign that LAND USE: will better advertise the site to truck drivers making deliveries. VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular or pedestrian traffic in the area, and the TRAFFIC vacate would match up with right-of-way that has already CONDITIONS: been vacated on adjoining properties. RELATIONSHIP TO There are no trails in the immediate vicinity. RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY The site has been zoned "M-1,C-Z" Conditional Zoning Light FOR SITE AND Industrial District since the February 11, 1991 with the IMMEDIATE VICINITY: passage of Ordinance 3764. The site was previous zoned "M- 1" Light Industrial District. North — Vacant Land — "M-2, P" Planned Industrial District. South — Industrial Businesses — "M-1" Light Industrial District. East — Industrial Businesses — "M-1" Light Industrial District. West — Industrial Businesses — "M-1" Light Industrial District. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT The City right-of-way to be vacated is located south of 3338 HISTORY: W Airline Highway. The industrial properties in the area were constructed between 1960s and 2010s. FLOODPLAIN: The vacate area is not located in a special flood hazard area as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0167F. PUBLIC /OPEN There are no open spaces or schools in the immediate Vacate S of 3338 W Airline HWY Page 1 of 2 Page 1b3 of 248 September 20,2021 SPACES/ SCHOOLS: vicinity. UTILITIES: WATER, The vacate area does contain a 12" water main, 12" sewer SANITARY SEWER, main, and a gas line in the southerly portion of the vacate STORM SEWER, area. The utility companies have determined that a utility ETC. easement will need to be retained over the south 30 feet of the vacate area. RELATIONSHIP TO The Future Land Use Map designates the area as Industrial. COMPREHENSIVE This vacate request would be in compliance with such LAND USE PLAN: designation. STAFF ANALYSIS — The request to vacate City owned right-of-way would not ZONING appear to negatively affect the area or traffic conditions. ORDINANCE: Similar vacate requests for City right-of-way along West Airline Highway were approved on January 22, 2019 with the passage of Ordinance 5479 and on February 15, 2021 with the passage of Ordinance 5587. The Planning and Zoning Commission at their regular meeting on June 8, 2021 unanimously approved the vacate request. STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to this request. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the Request by Plumb Supply Company to vacate 0.48 acres of City owned right-of-way at South of 3338 W Airline Highway, located in the "M-1 , C-Z" Conditional Zoning, Light Industrial District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. And subject to the following conditions: 1. A utility easement will be retained over the south 30 feet of the vacate area. Vacate S of 3338 W Airline HWY Page 2 of 2 Page 1104 of 248 Qi Cn INDEX LEGEND o CD General Description: Sec.5-T89N-R13W,SE 1/4,Waterloo Surveyor: Jeffrey P. Helland Surveying Company/ Return to: Helland Engineering&Surveying,Ltd. c i 6109 Chancellor Drive o Cedar Falls, Iowa 50613-6916 319-266-0161 Survey Requested By: Ryan Summers/Plumb Supply Company a Proprietor: City of Waterloo Of S 1/4 CORNER This Plat or Subdivision has been reviewed by(City/County). SEC.5-T89N-R13W FOUND NO.4 REBAR IN P.C.C. PAVEMENT Signature of(City/County) Date PER 344 MISC. 129 Ordinance Administrator i --PARCEL "I" SEE SHEET 2 FOR DESCRIPTION OF PLAT OF SURVEY FILE2019-00016830 PARCEL"J", LEGEND& LOCATION MAP DATED 03/12/2020 FOUND NO.4 REBAR i FOUND N0.4 REBAR w/RPC#16775 i wNPC#8033 (N 01°0425"W 92.99)i (N 01°0340"W 393.76)h N 00023/2'W (N 0°00'E 393.69)d,(N 0°00'E 393.76),(N 01°04 25"W 393.69)i _ 92.9' --- N 00°19'/4 W 393.75' -- 30'PUBLIC UTILITY EASEMENT P.O.B. FOUND NO.4 REBAR w w/YPC#8033 W "' � �„z z N 00°23'/2 W i 00 � ��� co co 0o0 33.05 °PARCEL 'A" N- p do PARCEL ��J�� PLAT OF SURVEY Ao Cc N3 m m 20,750 SQ. FT. 297 MISC.615 m N ti DATED 05/04/1990 N INDN WW Cn Z�'0 W 0W 00 W 03 17 30.0' FOUND NO.4 REBAR FOUND NO.4 REBAR 0 ' o v N w/YPC#8033 ti w 92.9' ---- S 00019' E 386.6' o a l $00019' E (S O°00'E 386.45')d ` 33.0' (92.95) S 01-03'03"E 386.72)i n f S 01°03'40"E 386.45)h = TRACT'D" c7 ti PLAT OF SURVEY FILE2019-00009617 m i M DATED 11/21/2018 O cn i cn c� Acn l "- SE 1/4 y SEC. 5-T89N-R13W o n ='z WATERLOO '' n=T PARCEL "G" o 2 PLAT OF SURVEY -<V7 FILE 2019-00009618 n * = DATED 11/21/2018 TRACT"C" a PLAT OF SURVEY n FILE2019-00009617 PARCEL "E" n DATED 11/21/2018 PLAT OF SURVEY FILE 2016-00011511 DATED 12/23/2015 a � v SE CORNER SEC.5-T89N-R13W FOUND NO.4 REBAR IN P.C.C. PAVEMENT (BEARINGS ARE ASSUMED) P.O.C. PER 344 MISC. 129 THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 0' 50' 100' 20IMog 0' HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#16264 6109 Chancellor Drive (00)RECORDED AS FILE NAME: 21-183.DWG Cedar Falls,Iowa 50613-6916 SCALE: 1"=100' PROJECT#21-183 DRAWN BY:JPH (319)-266-0161 SHEET 10F 2 OPC PLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) I hereby certify that this land surveying document was prepared PLAT OF SURVEY �p L A N� and the related survey work was performed by me or under my sdirect personal supervision and that I am a duly licensed OF G Professional Land Surveyor under the laws of the State of Iowa. PART OF SE 1/4 w o °JEFFREY P SEC. 5-T89N-R13W U- o HELLAND o m Jeffrey P.Helland oC o°° 16264 o License Number 16264 WATERLOO, BLACK HAWK COUNTY, IOWA °o My license renewal date is December 31,2021. FOR /�W P All pages or sheets are covered by this seal except: CITY OF WATERLOO THIS PLAT REPRESENTS A SURVEY OF PARCEL"J" That part of the Southeast Quarter(SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found 1/2" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50"West a distance of 1,865.05 feet; thence North 00°23'/2 West a distance of 33.05 feet to the Southeast corner of existing Parcel "I" per Plat of Survey recorded in File 2019-00016830 dated 03/12/2020 in the Office of the Black Hawk County Recorder, point being a found 1/2" rebar with license#16775, also being the POINT OF BEGINNING; thence along the East line of said Parcel "I" North 00°23'/2 West a distance of 92.9 feet to the Northeast corner of said Parcel "I", also being the Southwest corner of existing Parcel "A" per Plat of Survey recorded in Misc. Book 297 Page 615 dated 05/04/1990 in the Office of the Black Hawk County Recorder, point being a found 1/2" rebar with license#8033; thence along the South line of said Parcel "A" North 89°413/4 East a distance of 223.45 feet to the Southeast corner of said Parcel "A", point being a found 1/2" rebar with license#8033; thence along the West lines of existing Tracts "D" and "C" per Plat of Survey recorded in File 2019-00009617 dated 11/21/2018 in the Office of the Black Hawk County Recorder South 00°19' East a distance of 92.9 feet to the Southwest corner of said Tract"C", point being a set 1/2" rebar with license#16264; thence South 89°42'West a distance of 223.35 feet to the POINT OF BEGINNING. Containing 20,750 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50"West for this description. Parcel letter approved by County Auditor's Office Date of Survey: 06/30/2021 LEGEND (0.0)a PER ORIGINAL GOVERNMENT SURVEY BY GEORGE W.JONES DATED 12/15/1846 (0.0)b PER WPA NOTES(NO DATE) LOCATION MAP (0.0)c PER PLAT OF SURVEY 281 MISC.806 FILED 08/18/1988 CEDAR FALLS/ - WATERLOO CORP.LIMIT (0.0)d PER PLAT OF SURVEY 297 MISC.615 p WATERLOO ORT MUNICIPAL— DATED 05/04/1990 C (0.0)e PER PLAT OF SURVEY 344 MISC.130 DATED 08/23/2001 w 5 (0.0)f PER PLAT OF SURVEY FEE BK#200617726 LU PARCEL ��.1 DATED 08/19/2005 (0.0)g PER PLAT OF SURVEY FILE 2013-1824 DATED 07/26/2012 (0.0)h PER PLAT OF SURVEY FILE 2016-11511 DATED 12/23/2015 W.AIRLINE HIGHWAY (0.0)i PER PLAT OF SURVEY FILE 2020-16830 DATED 03/12/2020 HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#16264 1107 Technology Parkway (00)RECORDED AS FILE NAME: 21-183.DWG Cedar Falls,Iowa 50613-6955 SCALE: N/A PROJECT#21-183 DRAWN BY:JPH (319)-266-0161 SHEET 2 OF 2 OPCPLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) PLAT OF SURVEY OF PART OF SE 1/4 SEC. 5-T89N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO nil i I 4, 1 :Iii: k rJ 3 . 5 Olt- . 45 ilk T lI PLEASE NOTE 325 Sycamore Street THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS ASSUMED P BOX 27 FOR THE ACCURACY OF THE DATA DELINEATED HEREIN,EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATERLOO W ,�/A�/ r ' R K S Waterloo Iowa 50704 WATER WORKS OR THEIR EMPLOYEES.BLACK HAWK COUNTY AND THE - WATERLOO WATERWORKS MAKES NO WARRANTY,EXPRESSED OR - Ph 319-232-6280 Fax 319-232-1962 IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS 7 MAP,AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. r�]a e 107 of 248 South of 3338 West Airline Highway — Vacate Looking west along West Airline Highway toward the vacate area. r�Y rn yy p d4�'� i ti Tl .� - .. 3338 West Airline Highway Page %8 of 248 r r Existing Sign and fire hydrant near location of water line. FF Looking west toward the vacate area. Page %9 of 248 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319)291-4366 Offer to Vacate and Purchase City Right-of-Way • Q Request to'Vacate Easement,Vacate Sidewalk, or Encroachment Agreement 11 Sale of City-Owned Property Applicant:Plumb Supply Company Address: 1622NE 51 St Ave.1)SM,JA50313 Phone No.:515-262-1092 Email: eruth@plumbsupply.com; kklaw nyemaster.com (legal counsel) General Description of Property to Vacated(i.e.-alley between A St. &B St., South of C St.): Portion of City ROW located adjacent to and south of Parcel 8913-05-476-003 (3338 W. Airline HY) Waterloo, IA 50703; will also need encroachment agreement Legal description of area to be conveyed,vacated,or encroached: TBD by survey; a strip approximately 93.5' x 223.5' adjacent to and south of Parcel 8913-05-476-003) with width to match vacated areas on either side. Survey will be completed prior to seeking City Cour I. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five:Dollar($75.00)Filing Fee • Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer price*[Note; If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): TBD b/f council submission • 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(S yrs inside of the CURA): • Costs(surveying&misc.,demolition,remove of curbs, etc): Asking price—deductions= Value of Property: Offer Price for Entire Area. Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: easement for utilities 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involve.w - add'tioh construction as the reason for the request. Appltcant 6ate *Not required for easement vacates sidewalk vacates or Encroachment Agreements PagelP10 of 248 a� Y) t INDEX LEGEND o General Description: Sec.5-T89N-R13W,SE 1/4,Waterloo Surveyor: Jeffrey P. Helland Surveying Company/ Return to: Helland Engineering&Surveying,Ltd. 0 6109 Chancellor Drive o Cedar Falls, Iowa 50613-6916 319-266-0161 Survey Requested By: Ryan Summers/Plumb Supply Company Proprietor: City of Waterloo S 1/4 CORNER This Plat or Subdivision has been reviewed by(City/County). SEC.5-T89N-R13W i FOUND NO.4 REBAR IN P.C.C. PAVEMENT Signature of(City/County) Date PER 344 MISC. 129 Ordinance Administrator —PARCEL 7' SEE SHEET 2 FOR DESCRIPTION OF PLAT OF SURVEY FILE2019-00016830 PARCEL"J", LEGEND& LOCATION MAP DATED 03/12/2020 FOUND NO.4 REBAR FOUND NO.4 REBAR w/RPC#16775 w/YPC#8033 (N 01°0425"W 92.99)i (N 01°0340"W 393.76)h N 00°23'/2'W (N 0°00'E 393.69')d,(N 0°00'E 393.76),(N 01°04 25"W 393.69)i _ 92.9' --- N 00°19'/4 W 393.75' -- 30'PUBLIC UTILITY EASEMENT it I i P.O.B. I FOUND N0.4 REBAR a; z w/YPC#8033 �,�� N 00°23'/2 W ��� CO ° a 33.05 ° o 00 v w o PARCEL 'A" ti cn ^> W 8 1 ^' o PARCEL "J" PLAT OF SURVEY o °°�' rn m - - 20,750 SQ. FT. 297 MISC.615 r i„n n; m C) N N W ti ti DATED 05/04/1990 ti ti ti N N W W Z�• W C.J O W Wco �s CA 0 07O - C.n 4 O co N - I o � 30.0' FOUND NO.4 REBAR FOUND NO.4 REBAR v^, w/YPC#8033 ::�i Q-tea, �vNtirna, � — ti 92.9' ---- S 00°19' E 386.6' --- o a y S 00019' E (S O°00'E 386.45)d 33.0' (92.95) (S 01°03'03"E 386.72)i (SOI-03'40"E 386.45)h = TRACT'D" c� ti PLAT OF SURVEY FILE2019-00009617 �C,) DATED 11/21/2018 Acn ' CD SE 1/4 SEC. 5-T89N-R13W o n n=m WATERLOO PARCEL "G" o A 2 PLAT OF SURVEY v7 FILE 2019-00009618 n * = DATED 11/21/2018 n QI TRACT"C" PLAT 0 SURVEY c7 FILE2019-00009617 PARCEL "E" DATED 11/21/2018 PLAT OF SURVEY Fz n FILE 2016-00011511 DATED 12/23/2015 n � v I SE CORNER SEC.5-T89N-R13W FOUND NO.4 REBAR IN P.C.C. PAVEMENT (BEARINGS ARE ASSUMED) P.O.C. PER 344 MISC. 129 THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 0' 50' 100' 200' IMig HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#16264 6109 Chancellor Drive (00)RECORDED AS FILE NAME: 21-183.DWG (319)-26610161 a 506136916 SHEET 1 OF 2 OPCPLASTICICAP(0-ORANGEEJR-RED1 Y$YELLOW)RAWN BY:JPH I hereby certify that this land surveying document was prepared �p V L A�yo and the related survey work was performed by me or under my PLAT OF SURVEY \p °o°°°°°°° s direct personal supervision and that I am a duly licensed OF co ° G Professional Land Surveyor under the laws of the State of Iowa. PART OF SE 1/4 w o°JEFFREY P SEC. 5-T89N-R13W LL o HELLAND o m Jeffrey P.Helland o� o°° 16264 0� License Number 16264 WATERLOO, BLACK HAWK COUNTY, IOWA a My license renewal date is December 31,2021. FOR /OWN All pages or sheets are covered by this seal except: CITY OF WATERLOO THIS PLAT REPRESENTS A SURVEY OF PARCEL"J" That part of the Southeast Quarter(SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found 1/2" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50"West a distance of 1,865.05 feet; thence North 00°231/2 West a distance of 33.05 feet to the Southeast corner of existing Parcel "I" per Plat of Survey recorded in File 2019-00016830 dated 03/12/2020 in the Office of the Black Hawk County Recorder, point being a found 1/2' rebar with license#16775, also being the POINT OF BEGINNING; thence along the East line of said Parcel "I" North 00°231/2 West a distance of 92.9 feet to the Northeast corner of said Parcel "I", also being the Southwest corner of existing Parcel "A" per Plat of Survey recorded in Misc. Book 297 Page 615 dated 05/04/1990 in the Office of the Black Hawk County Recorder, point being a found 1/2' rebar with license#8033; thence along the South line of said Parcel "A" North 89°413/4 East a distance of 223.45 feet to the Southeast corner of said Parcel "A", point being a found 1/2' rebar with license#8033; thence along the West lines of existing Tracts "D" and "C" per Plat of Survey recorded in File 2019-00009617 dated 11/21/2018 in the Office of the Black Hawk County Recorder South 00°19' East a distance of 92.9 feet to the Southwest corner of said Tract"C", point being a set 1/2' rebar with license#16264; thence South 89°42'West a distance of 223.35 feet to the POINT OF BEGINNING. Containing 20,750 sq.ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50"West for this description. Parcel letter approved by County Auditor's Office Date of Survey: 06/30/2021 LEGEND (0.0)a PER ORIGINAL GOVERNMENT SURVEY BY GEORGE W.JONES DATED 12/15/1846 (0.0)b PER WPA NOTES(NO DATE) LOCATION MAP (0.0)c PER PLAT OF SURVEY 281 MISC.806 FILED 08/18/1988 CEDAR FALLS/ WATERLOO CORP.LIMIT (0.0)d PER PLAT OF SURVEY 297 MISC.615 WATERL RPMUNICIPAL- DATED 05/04/1990 o (0.0)e PER PLAT OF SURVEY 344 MISC.130 DATED 08/23/2001 W 5 (0.0)f PER PLAT OF SURVEY FEE BK#200617726 UJ PARCEL JDATED 08/19/2005 (0.0)g PER PLAT OF SURVEY FILE 2013-1824 DATED 07/26/2012 (0.0)h PER PLAT OF SURVEY FILE 2016-11511 DATED 12/23/2015 W.AIRLINE HIGHWAY (0.0)i PER PLAT OF SURVEY FILE 2020-16830 DATED 03/12/2020 HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#16264 1107 Technology Parkway (00)RECORDED AS FILE NAME: 21-183.DWG Cedar Falls,Iowa 50613-6955 SCALE: N/A PROJECT#21-183 DRAWN BY:JPH (319)-266-0161 SHEET 2 OF 2 OPCPLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) PLAT OF SURVEY OF PART OF SE 1/4 SEC. 5-T89N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO CITY OF WATERLOO Council Communication Five Sullivan Brothers Convention Center Plaza Renovation Project City Council Meeting: 9/20/2021 Prepared: 9/8/2021 SUBJECT: Hearing cancelled. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Page 113 of 248 CITY OF WATERLOO Council Communication Adoption of the Schoitz Urban Renewal and Redevelopment Plan. City Council Meeting: 9/20/2021 Prepared: 9/9/2021 ATTACHMENTS: Description Type ❑ Shoitz TIF Plan 2021 Backup Material ❑ Shoitz TIF Attachment A aerial Backup Material ❑ Consultation Notes 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. Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal pro-ject, and approving the plan. Motion to receive, file, consider and pass for the first time an ordinance SUBJECT: providing that general property taxes levied and collected each year on all property located with the newly described Schoitz Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. 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 The Schoitz Urban Renewal and Redevelopment Plan is being proposed to be adopted as a new economic development TIF area of the City of Waterloo to help encourage redevelopment and spur development activities in the vacant former Schoitz Hospital property. This would appear to be the best model to accomplish economic development of this area. Adoption of an urban renewal plan requires a consultation with taxing entities, which was Summary Statement: held on September 3, 2021. Only staff was in attendance and no comments were provided. Page 114 of 248 The Planning, Programming and Zoning Commission reviewed the proposed plan at their regular meeting on August 10, 2021 and unanimously recommended approval. Data/Analysis and Strategies: Economic Development, Strategic Plan Policies 1, 3 and 4. Implementation,Accountability, n/a and Communication: Expenditure Required/Source of None Funds: Beginning at the Northeast corner of Lot 23 of Southgate;thence Northwesterly to a point on the North right-of-way line of West Ridgeway Avenue that is 263.99 feet East of the point of intersection of the said North right-of-way line and the East right-of-way line of Bellaire Road; thence North 44'11'41"East, 37.81 feet; thence North 1'47'12"West, 47.20 feet; thence North 88'12'48"East, 9.00 feet to the West right-of-way line of Kimball Avenue;thence North along said West right-of-way line to the Westerly extension of the centerline of Acadia Street; thence Easterly along the Westerly extension of the centerline of Acadia Street, the centerline of Acadia Street, and an Easterly extension of the centerline of Acadia Street to the East right-of-way line of Vansyoc Drive as presently established;thence Southerly along said East right-of-way line to the North line of Lot 46 of Sunset Hills; thence Easterly along the North line of said Lot 46 to the Legal Descriptions: Northeast corner of said Lot 46;thence South along the East line of said Lot 46 to the southeast corner of said lot 46; thence South along a line that is parallel with the East right-of-way line of Kimball Avenue (as originally established) a distance of 255 feet; thence East parallel with the North right- of-way line of Ridgeway Avenue (as originally established) a distance of 5 feet;thence South parallel with the said East right-of-way line of Kimball Avenue(as originally established) a distance of 90 feet; thence East parallel with the north right-of-way line of Ridgeway Avenue (as originally established) a distance of 20 feet;thence South parallel with the East right-of- way line of Kimball Avenue(as originally established) a distance of 255 feet to the North right-of-way line of East Ridgeway Avenue as presently established; thence due South to the Southerly right-of-way line of East Ridgeway Avenue as presently established; thence Westerly along said Southerly right-of-way line and a Westerly extension of said Southerly right- of-way line to the Point of Beginning. Page 115 of 248 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. SCHOITZ URBAN RENEWAL AND REDEVELOPMENT PLAN (2021) Page 116 of 248 INTRODUCTION The City of Waterloo 2017 Strategic Development Plan states the need to: - 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 - 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 - Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. This District will work to eliminate a vacant and underutilized building, increase land use to a better and higher use, and create an environment for new business location, expansion, and job creation. The Comprehensive Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, the need exists to stimulate economic development through the expansion of existing business and industry and the attraction of new business and industry. These activities will further diversify and increase the property tax base and will increase employment opportunities. The 2017 Plan also states that development-ready sites and incentives are defined to attract new businesses and efforts to foster new investment in the City are achieved. The City desires to actively pursue the build-out and redevelopment of the former Schoitz Hospital area through platting, providing new, upgraded and improved infrastructure, and utilizing public-private partnerships. The Schoitz Urban Renewal and Redevelopment Plan presents a proposal for initiatives in the former hospital area that is vacant and dilapidated and will also allow tax increment revenue to be used as incentives for the redevelopment of the area and implementation of the Plan. These incentives would be negotiated and approved on a project-by-project basis at future dates. To achieve the primary objectives of this plan, the City of Waterloo shall undertake the urban renewal actions as specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. 1 Page 117 of 248 TABLE OF CONTENTS I. SCHOITZ URBAN RENEWAL AND REDEVELOPMENT PLAN A. DESCRIPTION OF PROJECT B. COMPREHENSIVE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. PROJECT FUNDING II. PROJECT BUDGET A. NARRATIVE B. CHAPTER 15A LOANS OR GRANTS C. TAX INCREMENT FINANCING D. PROPOSED TIMING SCHEDULE III. LEGAL DATA — ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PRELIMINARY PROJECT BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING & ZONING RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING 2 Page 118 of 248 I. SHOITZ URBAN RENEWAL AND REDEVELOPMENT PLAN A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed Schoitz Urban Renewal and Redevelopment Plan area (Project Area) the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the Schoitz Tax Increment Project is intended to accomplish the following objectives- 3 Page 119 of 248 (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. (2) Encourage investment in, commercial, and retail uses and in vacant and underutilized land in the Schoitz area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand business and retail, destination retail, and other attractions and attract new retail, destination retail, other attractions, and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, site redevelopment, environmental analysis and cleanup, removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the Schoitz area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, traffic control, parking, skywalks, street amenities, etc., which may be necessary as the area is developed. B. Comprehensive Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. 4 Page 120 of 248 b. Stabilize and increase employment in the area. C. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan, including the Future Land Use Map, in that both strive to: a. Maintain the City's role as a regional center of retail, destination retail, as well as commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. C. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City may acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City may provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, etc. C. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. 5 Page 121 of 248 e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land-offering price, to provide for necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. i. The City may provide tax rebates to developments as outlined in this Plan. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projected demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. C. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. d. To gain sites for higher and better land use for redevelopment through the acquisition and demolition of vacant buildings, underutilized buildings, incompatible land uses, and similar circumstances. 6 Page 122 of 248 The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objectives of this Plan. The property so disposed of may include vacated right-of- way and other lands under public ownership which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 3. Schoitz Area Goals/Projects Over time, project agreements will be developed to outline specific features of projects that meet the objectives of the Plan. Known and anticipated projects are listed in Attachment "D". The projects described in the following paragraphs of this subsection 3 are expected to increase the retail traffic in and around the Kimball Avenue and Ridgeway Avenue area from residents and visitors and to add to the property tax base of the community. The following is a summary of projects: a. Infill of the Project Area (goal) i. This project includes the development of land within the Project Area, including vacant parcels and underdeveloped and underutilized properties to be rehabilitated and/or redeveloped. b. Redevelopment of the former Schoitz Hospital (project) i. This project includes the demolition of the former Schoitz Hospital and redevelopment of land into multiple commercial and residential lots. While there is some excellent development potential here, the 7 Page 123 of 248 large vacant hospital represents a significant impediment to redevelopment of the area, and the current large irregular configuration is not currently laid out well for redevelopment. C. Development of strip malls and other commercial or retail type sites in subdivided lots of the Project Area (goal). d. Continuing evaluation of all roads and traffic patterns throughout the Project Area (goal) i. This project includes the potential reconstruction, reconfiguration, and adding of lanes or right-in, right- out access points, median improvements, etc., for roads within the Project Area. This could include Kimball Avenue or Ridgeway Avenue, and general locations along corridors for access improvements such as median cuts. As more development continues in the overall area, it is vital to continue to make accommodations to handle additional development access points and to address issues of safety, turning, and congestion due to increased traffic in the area. 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds, potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Project Area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the Project Area. 8 Page 124 of 248 2. If it is deemed necessary for the successful implementation of the Plan to acquire any properties, land acquisition procedures will follow the policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E") E. Procedures for Changes in the Plan 1. This Plan may be modified at any time provided (a) it is done in accordance with Iowa Code Chapter 403, (b) the proposed plan modification is reviewed by the Waterloo Planning, Programming and Zoning Commission (for boundary amendments) and (c) a public hearing is held by the Waterloo City Council. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development relocation staff. (Current policy attached as Attachment "F") G. Project Funding 1. The current estimated uses of tax increment revenues for urban renewal project activities are summarized in Section II, Project Budgets, of this Plan, and further detailed in Attachment "D". The eventual level of City participation in both private and public improvements for the development of the Project Area cannot be fully determined at this time. However, to the extent that new increment revenues are generated and other appropriate funding sources are identified, the City may undertake other project-related activities in the future. 2. At the present time, it is anticipated that future City tax increment collections for all project-related activities within the Project Area will not exceed $10,000,000 in aggregate amount during the term of this Plan. As described herein, proceeds of such tax increment collections are currently expected to be used to pay debt service bonds, make economic development grants and property tax rebate payments to private developers, and reimburse the City for any 9 Page 125 of 248 other project-related costs incurred in connection with the development of the Project Area. 3. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached hereto. II. PROJECT BUDGET A. Narrative The Schoitz Urban Renewal and Redevelopment Plan includes the area as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement which, after public hearing, will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be determined at this time. The following projects will be developed, but specific project budgets cannot be determined because specific locations are not currently available. However, preliminary budgets for known projects are listed in Attachment "D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen amount will be guaranteed to each taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to fifteen (15) years. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2) to pay the cost of improvements (street and/or parking improvements, etc.) associated with enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This program is not applicable to any Self-Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy 10 Page 126 of 248 exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, sidewalks, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or to enter into loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the redevelopment of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued or entered into by the City. Tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers, bridge improvements, parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same, such as through demolition-related activities, for sale to private developers or for public purposes or public improvements; 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 11 Page 127 of 248 4. Providing the local matching share of CEBA, RISE, MPO, or other state, federal, or local grant and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA - ATTACHMENTS See Attachments A-K, listed in the Table of Contents above. 12 Page 128 of 248 Attachment A - Shoitz Urban Renewal and Redevelopment Plan T.I.F. District EASTON AVE EASTONAVE EASTON AVE ¢ J � J g o Y IVANHOE RD j z J J Q CD g MORGAN RD Y W C) � U ¢ O J ? Q C/) M z g Y W ACADIA ST Q J J M Q W Y W -- -----LIFESTYLE LN---------------------" W Q J J W m Q J J m Y C W L ¢ Q J J m W � tt1 Y W RIDGEWAYAVE E RIDGEWAYAVE E RIDGEWAYAVE E RIDGEWAYAVE uj Q z 0 w � w W Q 00 Y CATARACTAVE W Legend N A0 100 200 400 Feet Proposed Shoitz TIF Attachment B SCHOITZ URBAN RENEWAL AND REDEVELOPMENT PLAN DISTRICT (legal description) Beginning at the Northeast corner of Lot 23 of Southgate; thence Northwesterly to a point on the North right-of-way line of West Ridgeway Avenue that is 263.99 feet East of the point of intersection of the said North right-of-way line and the East right-of-way line of Bellaire Road; thence North 44011'41" East, 37.81 feet; thence North 1047'12" West, 47.20 feet; thence North 88°12'48" East, 9.00 feet to the West right-of-way line of Kimball Avenue; thence North along said West right-of-way line to the Westerly extension of the centerline of Acadia Street; thence Easterly along the Westerly extension of the centerline of Acadia Street, the centerline of Acadia Street, and an Easterly extension of the centerline of Acadia Street to the East right-of-way line of Vansyoc Drive as presently established; thence Southerly along said East right-of-way line to the North line of Lot 46 of Sunset Hills; thence Easterly along the North line of said Lot 46 to the Northeast corner of said Lot 46; thence South along the East line of said Lot 46 to the southeast corner of said lot 46; thence South along a line that is parallel with the East right-of-way line of Kimball Avenue (as originally established) a distance of 255 feet; thence East parallel with the North right-of-way line of Ridgeway Avenue (as originally established) a distance of 5 feet; thence South parallel with the said East right-of-way line of Kimball Avenue (as originally established) a distance of 90 feet; thence East parallel with the north right-of-way line of Ridgeway Avenue (as originally established) a distance of 20 feet; thence South parallel with the East right-of-way line of Kimball Avenue (as originally established) a distance of 255 feet to the North right-of-way line of East Ridgeway Avenue as presently established; thence due South to the Southerly right-of-way line of East Ridgeway Avenue as presently established; thence Westerly along said Southerly right-of-way line and a Westerly extension of said Southerly right-of-way line to the Point of Beginning. Page 130 of 248 Attachment C City of Waterloo, Iowa Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1 , 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross Bonding Capacity $ 83,241,358 56.68% of legal limit Page 131 of 248 Attachment D Preliminary Project Budget Acquisition, demolition, and redevelopment of former Schoitz Hospital EXPENSES Acquisition $2,000,000 Engineering Fees, Platting $200,000 Demolition activities $2,000,000 TOTAL $4,200,000 FUNDING Cit Local Option, G.O. Bonds, TIF $2,200,000 Private $2,000,000 TOTAL $4,200,000 Road Improvements EXPENSES Acquisition $600,000 Construction $2,000,000 Engineering Fees $200,000 Construction Administration $200,000 TOTAL $3,000,000 FUNDING Cit Local Option, G.O. Bonds, TIF $2,600,000 Federal (MPO), State (RISE), and similar sources $400,000 TOTAL $3,000,000 Sale and Conveyance, platting, infrastructure to lots EXPENSES Appraisal, survey, platting $200,000 Infrastructure extension $1,600,000 Engineering, construction administration $200,000 TOTAL $2,000,000 FUNDING Cit Local Option, G.O. Bonds, TIF $1,000,000 Private 1,000,000 TOTAL $2,000,000 Page 132 of 248 TOTAL EXPENSES Acquisition, demolition, and redevelopment of the former Schoitz Hospital $4,200,000 Road Improvements $3,000,000 Sale and Conveyance, platting, infrastructure to lots $2,000,000 TOTAL $9,200,000 Cost type breakdown: Public Improvements $3,600,000 Private Investment/Improvements/Demolition $2,200,000 Architectural, Engineering, Study, and Construction Administration $800,000 Acquisitions $2,600,000 Tax Rebates to be determined later TOTAL $9,200,000 TOTAL FUNDING City(Local Option, G.O. Bonds, TIF) $5,800,000 Private $3,000,000 Federal (MPO), State (RISE), and similar sources $,400,000 TOTAL $9,200,000 Page 133 of 248 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. The City will determine if a compensation estimate can be utilized in lieu of preparing a formal appraisal. If not, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's/compensation estimate report will be reviewed by qualified staff for the City of Waterloo. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 134 of 248 Attachment F CITY OF WATERLOO, IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. Page 135 of 248 Attachment G CITY OF WATERLOO, IOWA PLANNING, PROGRAMING AND ZONING COMMISSION RESOLUTION Page 136 of 248 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 137 of 248 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING PLAN Page 138 of 248 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING PLAN Page 139 of 248 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING Page 140 of 248 a — - " Attachment A - Shoitz Urban Renewal and Redevelopment Plan T.I.F. District EAS TON AVE° EASTON EASTON AVE ti� p IVANHOE RD j z "MORGAN RD � A Y boa E W ACADIA ST W --- v � __ _____LIFESTYLE LN•------- J � _ T 40Lu tr 00 AMP 4 W RIDGEWAYAVEy E RIDGEWAYAVE E RIDGEWAYAVE E RIDGEWAYAVE Lu t Lu - 6' I r , ILS I z ' W a I .. 1 , CATARACT AVE Sib Z ! ti w • - - � •c irn: 2Ta. r; Legend VbVe i Vfib` V[, i .. N 0 100 200 400 Feet - Q Proposed Shoitz TIF ,_.,. Attachment "H" CONSULTAITON MEETING WITH THE CITY OF WATERLOO AND TAXING ENTITIES REGARDING THE SCHOITZ WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN September 3, 2021, 1:30 p.m. Frank Mollenhoff Conference Room, City Hall, 715 Mulberry Street, The following representatives of taxing entities were invited to the meeting: Daniel Trelka, Chairperson, Black Hawk County Board of Supervisors &]ane Lindaman, Superintendent, Waterloo Community Schools The following attended the meeting: Noel Anderson &Adrienne Miller—City of Waterloo Planning Department The City of Waterloo held the consultation meeting for taxing entities.There were no other taxing entities present, and no questions or comments regarding the proposed plan. Miller noted that Iowa Code Chapter 403 governed the establishment of Urban Renewal areas, and that section 403.5 provided for a consultation with the taxing entities and indicates that the designated representatives of the affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Meeting concluded at 1:45 p.m. Respectfully Submitted, Y Adrienne Miller Planner 11 r Page 142 of 248 CITY OF WATERLOO Council Communication Request by City of Waterloo for sale and conveyance of city owned property, identified as parcel No. 8913- 26-459-020(formerly 811 Williston), to David S. Grimm and Dalen A. Grimm, in the amount of$1.00, including a Development Agreement, for the construction of a 400 square foot detached garage. City Council Meeting: 9/20/2021 Prepared: 9/9/2021 ATTACHMENTS: Description Type ❑ Development Agreement Backup Material ❑ Aerial Map Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned SUBJECT: property to David S. Grimm and Dalen A. Grimm in the amount of$1.00, for property that was formerly 811 Williston Avenue, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a development agreement with David S. Grimm and Dalen A. Grimm for the construction of a 400 square foot detached garage, 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 The property identified as parcel no. 8913-26-459-020 and formerly 811 Williston Avenue was acquired through Iowa Code 657A in February of 2018 by the City of Waterloo and demolished in December 2020. The applicants have indicated a desire to acquire the lot to add to their yard and construct a new two stall garage no less than 20' x 20' (400 square feet). The Summary Statement: developer must obtain a building permit and begin construction of the improvements within six months after conveyance of the property and be substantially completed within 12 months after conveyance of the property. The developer lives directly to the west of and abutting the property at 1231 West 6th Street. The development agreement does have reverter of title information within it. Data/Analysis and Strategies: S ale o f 657A vac ant lots/Nuis anc a Ab atement Implementation,Accountability, N/A and Communication: Expenditure Required/Source of None Funds: Page 143 of 248 Legal Descriptions: Lot 11, Block 1, Pommer's Subdivision, Waterloo, Black Hawk County, Iowa. Page 144 of 248 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 David S. Grimm and Dalen A. Grimm, husband and wife ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property on Williston Avenue identified as parcel no. 8913-26-459-020, legally described as Lot 11, Block 1, Pommer's Subdivision (the "Property"). Developer is the owner of real property at 1231 W. 6th Street, abutting the Property on the west side, and desires to acquire the Property to expand their residential area. B. City considers 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 placement of the Property on the tax rolls and providing for certain improvements to the Property is in the best interests of the City. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property, and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own 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 Page 145 of 248 of such objections from Developer, Developer may terminate this Agreement without further obligation. 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 and to conduct other due diligence related to the Project. 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 construct a new 2-stall garage (no less than 20 feet by 20 feet) to a finished state, including installation of driveway, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively 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 shall submit building designs for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. 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. Developer will be responsible to clear trees and brush, if any, from the Property at its own cost to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer'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), Developer must obtain a building permit and begin construction of the Improvements within six (6) months after conveyance of the Property (the "Project Start Date") and must Substantially Complete construction of same within twelve (12) months after conveyance of the Property (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" 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 and the City has verified that Project elements for which no permit was necessary have been substantially completed. If Developer has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and City shall have no further obligation hereunder with respect to such Project. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Completion Deadline. 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, 2 Page 146 of 248 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 Completion Deadline by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 10, title to the Property shall revert to the City, and City shall have no further obligation hereunder with respect to such Project, nor any duty to compensate Developer for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Reverter of Title; Indemnity. In the event of any reverter of title, 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 of any type or nature whatsoever that attaches to the 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. Utilities. Developer will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. 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 3 Page 147 of 248 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. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property or any part thereof prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer 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 Developer with respect to construction of the Improvements. B. Developer 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 where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. C. After the date of conveyance of the Property, Developer will keep the Property mowed and remove snow from sidewalks to a standard no less than that required by City ordinances. D. Developer 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. E. Developer shall make no sale or conveyance of the Property or any portion thereof separately from sale or conveyance of Developer's own property, and the deed from City shall contain a restriction to that effect. 9. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 4 Page 148 of 248 B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by 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 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. E. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 10. Remedies. A. Default by 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 for recovery of any sums paid by City to Developer 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 Developer 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 5 Page 149 of 248 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. 11. 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 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 or its directors, officers, employees, contractors 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. 12. 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. 13. 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. 14. 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 6 Page 150 of 248 person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid, and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Developer, at 1231 W. 61h Street, Waterloo, Iowa 50702. 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 by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 16. 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. 17. 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. 18. 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. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 7 Page 151 of 248 21. 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. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Davi 5. Grimm 7 Attest: Kelley Felchle, City Clerk Dalen A. Grimm 8 Page 152 of 248 IA CompSearcfi CortipResults 5alesSeerch Sales list SalesResuk More r B91326459MGt �. Page 248 CITY OF WATERLOO Council Communication Resolution approving the FY 2022 Air Service Development Program Grant Agreement with the Iowa Department of Transportation, in the amount of$48,000 or 80-Percent of an 80/20 funding allocation, with the City share of approximately$12,000, for marketing and advertising of the Waterloo Regional Airport and American Airlines, and authorizing the Mayor and Airport Director to execute said document. City Council Meeting: 9/20/2021 Prepared: 8/21/2021 ATTACHMENTS: Description Type U Email Cover Letter for FY-2022 Grant from Tim Backup Material McClung at IDOT D FY-2022 Grant Document-Air Service Sustainment Backup Material Grant Resolution approving the FY 2022 Air Service Development Program Grant Agreement with the Iowa Department of Transportation, in the amount of SUBJECT: $48,000 or 80-Percent of an 80/20 funding allocation, with the City share of approximately $12,000, for marketing and advertising of the Waterloo Regional Airport and American Airlines, and authorizing the Mayor and Airport Director to execute said document. Submitted by: Submitted By:Keith Kaspari,Airport Director Recommended Action: Approve the Grant agreement The funds received from the Iowa DOT -AB, is approximately$48,000 or Summary Statement: 80-Percent of an 80/20 funding allocation with the City of Waterloo and the Airport's Operating Budget providing the 20-Percent balance or that of approximately$12,000. Expenditure Required: The City of Waterloo will provide a 20-Percent Match, or approximately $12,000 to Iowa DOT's $48,000. The Grant funds received from the Iowa DOT are derived by the State Aviation Fund, or SAF/. Source of Funds: Funds from the City/Airport are derived from the Airport Department's FY- 2022 Operating Budget. Goal No: 3, and Strategy Nos: 3.1 /3.3 /3.4/3.5 and 3.7. Policy Issue: and, Goal No:4, and Strategy No:4.1 and 4.2. Alternative: No alternatives have been selected/chosen for this request by Staff. Page 154 of 248 Background Information: This is an annual Grant program offered to Iowa's eight(8) commercial service airports for the marketing and advertising of the airports air service. Legal Descriptions: Not Applicable for this request by Airport Staff. Page 155 of 248 Keith Kas ari From: McClung, Tim <Tim.Mcclung@iowadot.us> Sent: Thursday, August 19, 2021 2:48 PM To: Keith Kaspari; SHEILA COMBS Subject: FY2022 Air Service Development Grant Attachments: Waterloo.pdf Hi Keith and Sheila- Congratulations! The Iowa Air Service Development (ASD) grant application submitted to the Iowa DOT on behalf of the Waterloo Regional Airport has been approved. Attached is the grant agreement to be signed by the airport manager, and an authorized representative from the airport sponsor. By October 15, 2021, please scan and email the signed agreement to myself at tim.mcclunq@iowadot.us. Please do not proceed with work on the project until you have received a signed and executed agreement back from the Iowa DOT. Claims for reimbursement will need to align with both the agreement and work plans that were submitted with the application. The Iowa DOT is using the FY2022 ASD program to test a new webforms system for filing claims. Please use the following process for submitting ASD claims with this grant: Submitting a Claim for Reimbursement for your FY2022 ASD Grant_ - Create an expense summary document. T - Organize invoices and proof of payments in the same order as the expense summary and scan to a PDF. - Complete the Claim for Reimbursement webform and upload the expense summary, invoices & proof of payments, and any additional supporting documents (if needed). - Click Submit. We look forward to working with you again to sustain and improve air service in Iowa! Please let me know if you have any questions. Respectfully, TIM MCCLUNG j AVIATION PLANNING & OUTREACH MANAGER IOWA DOT — !MODAL TRANSP'ORTA'TION BUREAU 800 LINCOLN WAY I AMES, IA 50010 iowadot.gov/aviation 91Iowa Department of Transportation Office:515-239-1689 w@iowadot n@iowadot 1 Page 156 of 248 4010WADOT FY 2022 Air Service Development Contract Number: 02946 Project Number: 9I220ALO135 I IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2022 AIR SERVICE DEVELOPMENT PROGRAM PROJECT NUMBER: 9I220ALO135 CONTRACT NUMBER: 02946 This is an agreement between the Waterloo Regional Airport(hereinafter referred to as SPONSOR) and the Iowa Department of Transportation(hereinafter referred to as the Iowa DOT) for funding through the Iowa Air Service Development Program, under Iowa Code Section 328.12. Pursuant to the terms of this agreement, and applicable statutes and administrative rules,the Iowa DOT agrees to provide authorized funding to the SPONSOR to help in air service development activities to include: The promotion of passenger air service from the Waterloo Regional Airport through strategic advertising in digital, social media,television, print, radio, and billboard mediums. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree to: 1. The SPONSOR shall be the lead agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of air service development initiatives (hereinafter referred to as the PROJECT) in accordance with the FY 2022 Air Service Development Program Description and this agreement. 2. The Iowa DOT shall reimburse the SPONSOR for 80% of eligible PROJECT costs not to exceed $48,000. 3. Funds must be obligated within six months of execution of the grant agreement. Claims for reimbursement with proof of expenditures must be submitted within one year of the date of the obligation of funds. 4. All notices required under this agreement shall be made in writing to the Iowa DOT Modal Transportation Bureau and the SPONSOR's contact person. The Modal Transportation Bureau contact shall be Tim McClung (515-239-1659). The SPONSOR's contact person shall be Keith Kaspari. 5. A report must be filed by the sponsor within 30 days of the final claim for reimbursement providing a summary of how funds were used and describing the successes and failures of activities funded through this Air Service Development agreement. 6. The SPONSOR shall solicit, or have solicited bids, for any work on this project in compliance with all applicable laws, ordinances and administrative rules. Page 1 of 3 Page 157 of 248 i C4410WADOT FY 2022 Air Service Development Contract Number: 02946 Project Number: 9I220AL0135 7. The SPONSOR shall be responsible for the acceptance of the project. The Iowa DOT reserves the right to review project activities and to audit claims for reimbursement. 8. The SPONSOR shall submit Claims for Reimbursement to the Iowa DOT for eligible PROJECT costs, along with a copy of the billing statement and proof of payment. Reimbursements will be made in whole dollars and will be rounded down. 9. The SPONSOR shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the grounds of age,race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the SPONSOR receives state funds from the Iowa DOT. 10. The Iowa DOT's obligation hereunder shall cease immediately,without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or re-appropriation to pay such obligations, and the Iowa DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. 11. The Iowa DOT shall give the SPONSOR notice of any termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding for this program. In the event the Iowa DOT provides such notice,the SPONSOR may terminate this agreement or any part thereof. 12. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. I: 13. This agreement is not assignable without the prior written consent of the Iowa DOT. i- 14. It is the intent of both parties that no third-party beneficiaries be created by this agreement. c 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement constitutes the entire agreement between the Iowa DOT and the SPONSOR concerning this PROJECT. Representations made prior to the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the Iowa DOT and the SPONSOR. Page 2 of 3 Page 158 of 248 QJ10WAD0T FY 2022 Air Service Development Contract Number: 02946 Project Number: 91220AL0135 EXECUTION OF THE AGREEMENT: In witness whereof,each of the authorized parties hereto has executed this Agreement as of the date shown with its signature below. SPONSOR: Signed this day of , 2021 I By: By: Authorized Sponsor Representative Airport Manager IOWA DEPARTMENT OF TRANSPORTATION: Signed this day of ,2021 By: Tammy Nicholson, P.E.,Director Modal Transportation Bureau i Page 3 of 3 Page 159 of 248 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to the award of bid with Restoration Services, Inc., of Waterloo, Iowa, originally approved by council April 19, 2021, for a net increase in the amount of$20,500, in conjunction with the Waterloo Public Library Exterior Facade Repair. City Council Meeting: 9/20/2021 Prepared: 8/30/2021 ATTACHMENTS: Description Type ❑ Amendment No. 1 - Library Facade repair Backup Material Resolution approving Amendment No. 1 to the award of bid with SUBJECT: Restoration Services, Inc., of Waterloo, Iowa, originally approved by council April 19, 2021, for a net increase in the amount of$20,500, in conjunction with the Waterloo Public Library Exterior Facade Repair. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Amendment for replacement and repair of broken/deteriorated brick, Summary Statement: tuckpointing of the brick building. (The original bid was only for the stone portion of the building). Page 160 of 248 RESTORATION E RVI E , INC. INVOICE PO BOAC 385 WATERLOO. IOWA 50704 PHONE: (319) 233-5947 NUMBER 4459 TERMS SOLD TO. NET 10 DAYS City of Wwarloo DATE-OF INVOr E 715 Mulberry St 813112021 Waterloo, IA 507U3 DUE DATE 91,3012021 Description AMOUNT Waterloo Public Library Restoration 5rm-k BuildingAmendmentA00 $ 20,5QQ,00 Completed to date 5 20.500.00 Previatrsly Invoiced S - TOTAL $ 20.500.00 20,500.00 AMOUNT DUE THIS INVOICE $�0,8L10,Uf3 SALES rax: - Sub-total Sales Tax Total AMQUNT PAID INET TO PINY 20'500.80 $ - 20,500r00.1 S - 20,500-00 Page 161 of 248 CITY OF WATERLOO Council Communication Resolution approving a supplement to the Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, originally executed February 1, 2021, in an amount not to exceed $1,201.53, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 ATTACHMENTS: Description Type ❑ Cont 1015_Terracon SA additional field& lab services Backup Material Resolution approving a supplement to the Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, originally executed SUBJECT: February 1, 2021, in an amount not to exceed $1,201.53, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Matt Schindel.Associate Engineer Summary Statement: During the construction of the new trail and enhancements in front of the Sportsplex, the contractor found and intact 10'x4' buried tank. Under State Neighborhood Impact: lam', these tanks must be abandoned properly. This proposal is in regard to additional field and laboratory services relating to the UST over excavation at 300 Jefferson Street. Seethe attached proposal for a complete scope of services. Implementation,Accountability, and Communication: Expenditure Required/Source of$1,201.53 Funds: Page 162 of 248 Irerracon Date: August 27, 2021 To: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attention: Mr. Matt Schindel Re: City ROW— 300 Jefferson Street UST Over Excavation Job No.: 13207110 We are transmitting ® herewith ❑ under separate cover Item Date Description 1 8/27/2021 Supplement to Agreement for Services Remarks: If you have any questions regarding this information, please contact our office. Yours truly, TERRACON By: Dave Cleary Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, Iowa 50613 P 319 277 4016 F 319 277 4320 terracon.com Irerracon- Reference Number: 13217110 SUPPLEMENT TO AGREEMENT FOR SERVICES CHANGE TO SCOPE OF SERVICES AND FEES This SUPPLEMENT to AGREEMENT FOR SERVICES to the original Agreement for Services(original Agreement dated 02/01/2021,Agreement reference number P13207110)is between City of Waterloo IA("Client")and Terracon Consultants, Inc.("Consultant")for additional or changed Services to be provided by Consultant for Client on the Project,as described in the Agreement for Services.This Supplement is incorporated into and part of the Agreement for Services. 1. Scope of Services. The scope of the additional or changed Services are described in the Scope of Services section of the Consultant's Supplemental Proposal, unless Services are otherwise described below or in Exhibit B to this Supplement (which section or exhibit are incorporated into the Supplement). Additional field and laboratory services relating to the UST over excavation at 300 Jefferson Street in Waterloo. 2. Compensation. Client shall pay compensation for the additional or changed Services performed at the fees stated in the Supplemental Proposal unless fees are otherwise stated below or in Exhibit C to this Supplement(which section or exhibit are incorporated into the Supplement). 6-3-21 (Hand aucier sampling) Field Scientist -3.25 hours @$85=$276.25 One soil analytical sample=$75.33 8/16/21 (Extend excavation) Field Scientist—4.75 hours @$85=$403.75 Four soil analytical samples rushed=$446.20 Total$1,201.53 All terms and conditions of the Agreement for Services shall continue in full force and effect. This Supplement is accepted and Consultant is authorized to proceed. Consultant: Terracon Consultants, Inc. Client: City of Waterloo IA By: Jt— c Date: 8/27/2021 By: Date: Name/Title: Dave C. Cleary, REM /Environmental Name/Title: Mayor Quentin Hart/City of Waterloo Department Manager Address: 3105 Capital Way,Ste 5 Address: 715 Mulberry St Cedar Falls, IA 50613-7030 Waterloo, IA 50703 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 291-4312 Fax: (319) 291-4262 Email: Dave.Cleary@terracon.com Email: Quentin.Hart@Waterloo-ia.org Page 1 of 1 Rev.8-12 CITY OF WATERLOO Council Communication Resolution approving a Right-of-Way License Agreement with USCOC of Greater Iowa, LLC, to allow use of city right-of-way for a communication system, and authorizing the Mayor to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material Resolution approving a Right-of-Way License Agreement with USCOC of SUBJECT: Greater Iowa, LLC, to allow use of city right-of-way for a communication system, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Dennis Gentz, PE,Assistant City Engineer Page 165 of 248 RIGHT-OF-WAY LICENSE AGREEMENT SECTION 1. DEFINITIONS a. "City" shall mean the City of Waterloo, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Licensee" shall mean USCOC of Greater Iowa, LLC or any of its designated subsidiaries. C. "Network Segment" shall mean the communications system laid or to be laid, constructed, installed, repaired, maintained, and operated by Licensee within the corporate limits of the City of Waterloo as contemplated by this Agreement and shall include all equipment owned, operated, leased or subleased in connection with the operation of the Network Segment, including but not be limited to poles, pedestals, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures, facilities or appurtenances. As of the date of this Agreement, the initial Network Segment route is generally depicted on Exhibit "A" attached hereto, and the parties agree that, for purposes of this Agreement, the initial Network Segment route consists of approximately 2,345 linear feet ((Underground Electric: 001A 575 feet; 002B 650 feet; 021B 285 feet; 022A 685 feet) and Underground Fiber from Bluebird vault to Licensee vault to pole: 001A, 002B, 003A, 006A, 007A, 008B, 009A, 011A, 012A, 014A, 016D, 017A, 018A, 021A, 022A at approximately 10 feet each)). d. "Public Improvements" shall mean any improvements as defined in Code of Iowa Section 26.2, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, and in addition public utilities, on Public Property. e. "Public Property" shall mean City-owned or controlled public rights-of-way, easements,bridges, squares or commons. SECTION 2. BASIC GRANT; RESTRICTED USE a. Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a Network Segment in, under, upon, along and across the Public Property shown and identified in Exhibit "A" hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. This Agreement creates no rights to expand the Network Segment or to create or install a new network segment, except on the terms provided in this Agreement. SECTION 3. TERM OF AGREEMENT a. This Agreement and the rights conferred hereunder shall commence on , (the "Effective Date"), and shall continue for such period of time as Licensee, or its successors and assigns, operate the Network Segment. Page 166 of 248 SECTION 4. FEES REQUIRED a. Licensee shall pay an administrative fee (the "Administrative Fee") in the amount of $0.10 for each linear foot of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of$600.00. Licensee agrees that the Administrative Fee is the City's estimate of the administrative burdens imposed on the City in connection with Licensee's application and its occupancy of Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third-party action, to challenge the validity or reasonableness of such fee under applicable law. The Administrative Fee shall be payable upon execution and delivery of this Agreement, or any future amendment or addendum hereto. In addition to the Administrative Fee, Licensee shall pay permit fees and such other regulatory fees as may be required by applicable ordinance. An Administrative Fee calculated in the manner described above shall be payable in connection with each separate application filed by Licensee to extend or expand the Network Segment, at the time such application is filed. b. In each successive year during the term of this Agreement, Licensee shall pay an annual management fee (the "Management Fee") equal to $.015 for each linear foot of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of$50.00. Licensee agrees that the Management Fee is the City's estimate of the right-of-way management costs imposed on the City in connection with Licensee's occupancy of, and activities in and upon, Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third-party action, to challenge the validity or reasonableness of such fee under applicable law. City retains the right to modify or adjust the Management Fee linear-foot charge at any time to ensure that the City is properly reimbursed for its right-of-way management costs. The Management Fee shall be payable annually, based on the linear footage of the Network Segment facilities existing at December 31 of a given year, no later than January 15 of the following year. In addition to the Management Fee, Licensee, or its contractors or agents, shall pay excavation permit fees and such other regulatory fees as may be required by applicable ordinance. SECTION 5. ADDITIONAL LICENSING PROCESS a. Before commencing any extension or expansion of its Network Segment, or any major repair work, or the installation of any new Network Segment in the City, the Licensee shall file with the City Engineer's Office a written statement (a "License Request") verifying the Public Property under which or upon which it proposes to extend, expand, install or repair its Network Segment. Work other than repair or replacement of existing Network Segment facilities shall require the further grant of a license for use of Public Property. The License Request shall be accompanied by a map, plan or specifications showing the proposed location of the Network Segment components with reference to streets and alleys and the location of other utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. b. If the proposed locations of any Network Segment facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any Public Improvements or any existing public utility system component, or other structure upon or under Public Property, the City Engineer shall within 30 days after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a Public 2 Page 167 of 248 Improvement or existing public utility system facility and refer the same back to the Licensee for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the City Engineer's Office, and after the approval of the same by the City Engineer and the posting of a bond required under applicable law or ordinance regulating work in or upon Public Property, if such is not waived by the City, the License Request shall be approved so that the Licensee may proceed in accordance with the approved maps,plans or specifications. C. Approval of a License Request does not constitute any statement, representation, or assurance by City as to the presence or location of any privately maintained facilities, equipment or infrastructure. No such excavation, construction or erection shall be commenced before approval of the License Request, unless it is an emergency as determined by Licensee in good faith, and all work shall be in accordance with the approved maps, plans or specifications. If Licensee extends or expands its Network Segment without following the License Request process prescribed by this Section, the Administrative Fee and the fee minimum shall double, and Licensee shall be liable for any Management Fees that it failed to timely pay, plus interest thereon at 12%per annum, compounded monthly. d. Each expansion or extension of the Network Segment for which a License Request is approved, and the plans, maps, and specifications therefor, shall be deemed incorporated into this Agreement by reference as an addendum hereto. All of Licensee's activities in relation to said expanded or extended Network Segment shall be subject to the terms of this Agreement. SECTION 6. CONSTRUCTION AND REPAIR OF FACILITIES a. In the process of location, construction, reconstruction, replacement, or repair of any Network Segment system component, the excavation or obstruction made or placed in Public Property at any time or for any purpose by the Licensee shall, to protect the public and to assure the safe and efficient movement of traffic,be properly barricaded to comply, at a minimum, with requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). The Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall limit obstructions to the minimum area and time necessary, shall provide the City Engineer with no less than 24-hour notice prior to the actual commencement of the work and shall comply with all provisions, requirements, and regulations in accordance with City ordinances and this Agreement in performing such work. The Licensee shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the City Engineer. In emergencies which require immediate excavation the Licensee may proceed with the work without first applying for an excavation permit or other applicable permits, provided, however, that the Licensee shall apply for and obtain the permit(s) as soon as possible after commencing such emergency work. b. All pavement taken up or damaged, and any other disturbed areas, shall be properly and speedily replaced in accordance with the City's regulations. As a condition to use of Public Property, the Licensee shall at its own expense repair any private property, utility system component, public improvement or Public Property damaged by such location, construction, reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If, after excavations have been made, the Licensee fails to repair or arrange with the City for the proper repair and restoration of any Public Property to a condition as good as the condition of such 3 Page 168 of 248 property prior to the disturbance of same, and after seven (7) days notice in writing to do so is given to its designated representative, the City may make such repairs at the expense of the Licensee. The Licensee shall pay to the City its costs and charges for such work, plus interest at 12%per annum, compounded monthly, within thirty(30) days after receipt of the City's billing. SECTION 7. WORK BY OTHERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS a. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by the Licensee and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall not be liable to the Licensee for any damages arising out of the performance of such work by other parties, provided City exercised reasonable care in performance of such work undertaken by the City. Nothing in this Agreement shall be construed as to relieve any other person or company from liability for damage to the Licensee's facilities. SECTION 8. LICENSEE CONTRACTORS a. The requirements of this Agreement shall apply to all persons, firms or corporations performing work for the Licensee under a contract, subcontract or other type of work order. SECTION 9. CONDITIONS OF OCCUPANCY; RELOCATION a. Components of the Network Segment laid or constructed by the Licensee within the City shall conform to established grades of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon Public Property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. All conduit installed by Licensee shall terminate in a shared box or shall otherwise be accessible to others on terms that the City Engineer determines to be fair and reasonable after consideration of generally prevailing industry practices; provided, however, that Licensee may refuse joint use of conduit and pedestals based on technical considerations, such as limited physical space in the conduit, substantial risk of damage to Licensee's fiber, or risk of interruption to critical services. Because available space in the right-of-way is limited, Licensee is encouraged to share conduit and other facilities with existing right-of-way occupants, to the extent reasonably possible. Because right-of-way space is limited, Licensee agrees to cooperate in good faith and on reasonable terms with future requests from others who desire to collocate in or jointly use any separate conduit-type facilities of Licensee in the right-of-way. Licensee may charge reasonable fees to others for future joint use of any conduit, pedestals or other infra- structure installed by Licensee. b. Licensee agrees to allow City to install its own pipes, cables, conduits, ducts, and/or other appurtenances within Licensee's excavation, provided that such installation is performed at City's sole expense and does not result in any material increase to the Licensee's costs. City shall inform Licensee where it desires to collocate or install conduit, and Licensee will ask its installation contractor to provide a reasonable quote for the cost thereof. The collocation or installation of conduit or cables within Licensee's excavation shall be subject to a separate agreement between City and the contractor. 4 Page 169 of 248 C. The Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its Network Segment facilities in, on, over or under Public Property in such manner as the City may at any time reasonably require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Licensee fails to act and proceed with diligence to begin and/or complete said relocation or removal within a reasonably allocated time, or if City in its discretion chooses to allow Licensee to post a performance bond and Licensee fails within a reasonable time set by the City to furnish a satisfactory performance bond providing for completion of the required relocation by a designated date, the City at its option may cause the Licensee facilities to be relocated or removed and then demand reimbursement of costs and expenses from the Licensee, including interest at the rate of 12%per annum, compounded monthly, without liability to the City for any loss or damage caused by such relocation or removal. In addition to the foregoing remedies, City at its option may impose a fine of $1,000.00 per day or portion thereof starting fourteen(14) days following the City's request and Licensee's failure to diligently act or, as appropriate in the circumstances, starting seven(7) days following Licensee's failure to complete the required relocation by the date designated in connection with the performance bond. Sums payable under this paragraph are due and payable by the Licensee to the City within thirty(30) days after receipt of the City's billing. d. The Licensee shall not place its Network Segment facilities in the Public Property where the same will interfere with the normal use or maintenance of any Public Improvement, including but not limited to streets, alleys, traffic control devices, sanitary sewers, storm sewers, storm drains, or any public utility facility. e. Upon request, the Licensee agrees to assist in locating underground facilities which are part of its Network Segment. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this Agreement, the Licensee shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll free "One-Call"number. f. Installation, repair, or replacement work completed by the Licensee that requires excavation of Public Property or public right-of-way shall require restoration and replacement of(a) any improvements that were removed, destroyed or damaged by the Licensee's work to a condition at least equal to the condition of such premises before the Licensee's work was undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. All work of restoration and replacement shall be subject to inspection and approval by the City Engineer or his designee. SECTION 10. POWERS OF CITY a. Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. 5 Page 170 of 248 SECTION 11. PLANS AND COORDINATION a. Upon completion of the work the Licensee shall promptly furnish to the City copies of"as- built" plans related to its Network Segment facilities located on Public Property. The Licensee shall keep complete and accurate maps and records on the locations and operations of its facilities in connection with this Agreement. SECTION 12. VIOLATIONS OF AGREEMENT a. Upon evidence being received by the City that a violation or breach of this Agreement or violation of codes or ordinances lawfully regulating the Licensee in the operation of its Network Segment facilities, or in the use of Public Property therefor, is occurring or has occurred (hereinafter referred to as a "default") the City shall cause an investigation to be made. If the City finds that a default exists or has occurred the City may take appropriate steps to secure compliance with the terms of this Agreement or the codes or ordinances. During the period in which any default exists, City shall be entitled to suspend the processing of any request or application by Licensee to amend the terms of this Agreement, to approve a License Request, or to grant a new permit, license, franchise, or other approval. b. The City shall notify the Licensee of the default and the Licensee shall cure such default within thirty (30) days after receipt of such notice; provided, however, where any such default (other than a payment default) cannot reasonably be cured within such thirty (30) day period, Licensee shall so notify the City Engineer, and if Licensee shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure, as mutually agreed upon by the parties. C. If the Licensee fails to cure a default within the time allowed, the City shall have the right to (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Licensee; or (iii) seek damages for such default, plus interest at the rate of twelve percent (12%) per annum, compounded monthly, on any sum due and owing; or(iv) any combination of(i), (ii) and(iii). SECTION 13. TRANSFER OF TITLE a. If Licensee abandons its Network Segment system and facilities for a period of twelve (12) months or more, then at City's option City may effectuate a transfer to City of all of Licensee's right, title and interest in and to the Network Segment. Abandonment shall be presumed if Licensee has not filed with the office of the City Engineer a notice of continued use within thirty (30) days after City's written request for same. Licensee's continued use shall be established upon filing of such notice, without regard to whether Licensee has allowed the Network Segment or some part thereof to go dark. b. City shall deliver to Licensee a written notice of City's intent to effectuate a transfer of title and permit Licensee a period of thirty (30) days from the date of delivery in which to provide written notice of non-abandonment, and absent such action by Licensee City may file in the public land records of Black Hawk County, Iowa, a notice of transfer of title to City. Licensee shall not be entitled to any compensation from City for a transfer as contemplated by this Section. 6 Page 171 of 248 SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE a. The Licensee covenants, at its sole cost and expense, to indemnify, defend, and save the City and its officers, agents and employees, harmless from any and all costs, damages, losses and liabilities whatsoever (including but not limited to the reasonable fees and expenses of attorneys and accountants), of any kind or nature, whether in tort or contract, arising from the exercise of the rights granted herein or from the acts or omissions of Licensee, its employees, contractors and agents, in respect of the Network Segment, any Network Segment facilities, any work relating thereto, or any access to or use of the Network Segment by third parties. b. The Licensee agrees to require contractors and subcontractors engaged in work for the Licensee within the public rights-of-way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts to be reasonably set by the City. C. Licensee agrees to accept the risk of having its communications systems and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Licensee's equipment, except to the extent caused by the City's gross negligence or willful misconduct. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Licensee's equipment placed in the right-of-way. d. The covenants set forth in this Section shall survive the termination or expiration of this Agreement for any reason. SECTION 15. SEVERABILITY a. In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by modifying or limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so modified or limited without affecting the remaining provisions of this Agreement, provided, however, that in such event City shall have the option, exercisable in its sole discretion, to terminate this Agreement. SECTION 16. ASSIGNMENT a. Licensee shall not assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual without the prior written consent of the City, except that Licensee shall have the right to assign, convey or otherwise transfer its rights, title, interest and obligations under this Agreement, in whole or in part, to any entity controlled by, controlling or under common control with Licensee, or any entity into which Licensee may be merged or consolidated or which purchases all or substantially all of the assets of Licensee, provided that Licensee shall notify the City in writing of any permitted assignment, conveyance or transfer within thirty(30) days of its occurrence. 7 Page 172 of 248 SECTION 17. VACATION OF STREETS AND ALLEY a. So long as the Licensee exercises the rights granted to it hereunder the City will not, by ordinance or otherwise, vacate any street, alley or public way in which the Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require the Licensee to relocate it facilities as provided in Section 10 hereof. SECTION 18. DELIVERY OF NOTICES a. Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: City of Waterloo, Iowa Attn: City Engineer 715 Mulberry Street Waterloo, IA 50703 With a copy to: City of Waterloo, Iowa Attn: City Attorney 715 Mulberry Street Waterloo, IA 50703 If to Licensee: USCOC of Greater Iowa Attention: Real Estate Lease Administration 8410 W. Bryn Mawr Avenue Chicago, Illinois 60631 Provided, however, that in the case of an emergency, notices may be given verbally to the above named persons. In such case written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given three (3) days after the date of mailing if done by certified mail, the next business day if sent by a recognized national overnight carrier or courier, or otherwise on the date actual notice is received. SECTION 19. APPLICABLE LAWS a. This Agreement is subject to all applicable federal, state and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934 as amended, the Telecommunications Act of 1996 as amended and the rules and regulations of the FCC. Neither City nor Licensee waives any rights they may have under any such laws, rules or regulations. SECTION 20. GOVERNING LAW; LEGAL ACTION a. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. In any action to interpret, construe or enforce this Agreement, the parties 8 Page 173 of 248 hereby agree and consent (i) to irrevocably submit to the jurisdiction and venue of the Iowa District Court for Black Hawk County, over any action or proceeding to enforce or defend any matter arising from or related to this Agreement; (ii) to irrevocably waive, to the fullest extent a party may effectively do so, the defense of any inconvenient forum to the maintenance of any such action or proceeding; and (iii) not to institute any legal action or proceeding against the other party or any of the directors, officers, officials, employees, successors, assigns, agents or property of the other party, concerning any matter arising out of or relating to this Agreement, in any court other than one specified in this Section. If City prevails in any legal action to collect fees owed by Licensee under this Agreement, Licensee shall be liable for City's reasonable attorneys' fees and expenses. SECTION 21. GENERAL PROVISIONS a. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. It may not be modified or amended except by a written instrument signed by both parties. This Agreement is binding upon the parties and the permitted successors, assigns, transferees and personal representatives of each of them. IN WITNESS WHEREOF, the parties have entered into this Right-of-Way License Agreement by their duly authorized representatives as of the Effective Date. USCOC of Greater Iowa,LLC CITY OF WATERLOO, IOWA By: By: Mayor (Printed Name) Title: 9 Page 174 of 248 CITY OF WATERLOO Council Communication Resolution approving Small Cell Wireless Facility Fee Schedule. City Council Meeting: 9/20/2021 Prepared: 9/9/2021 ATTACHMENTS: Description Type ❑ Small Cell Site Fees Backup Material SUBJECT: Resolution approving Small Cell Wireless Facility Fee Schedule. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Currently the City of Waterloo does not have an application or fee schedule for the installation of small cell equipment within City right-of-way. The Summary Statement: Engineering Department has created an application to allow for this type of installation. This approval will set fees for the installation of small cell equipment within the City of Waterloo right-of-way. Smallcell equipment will generally be installed on existing poles within the right-of-way. Page 175 of 248 Small Cell Wireless Facility Fees Item Amount Application Fee (First 5 Locations) $ 500.00 Each Additional Locations (Up To 25 Total Location: $ 50.00 Page 176 of 248 CITY OF WATERLOO Council Communication Resolution approving Memorandum of Understanding with the Chicago Central& Pacific Railroad Company, in an amount not to exceed $20,000.00, to facilitate the construction of the 11th Street Bridge, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/15/2021 ATTACHMENTS: Description Type ❑ 11th Street Bridge MOU Cover Memo Resolution approving Memorandum of Understanding with the Chicago SUBJECT: Central&Pacific Railroad Company, in an amount not to exceed $20,000.00, to facilitate the construction of the 11th Street Bridge, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Summary Statement: Implementation,Accountability, and Communication: Page 177 of 248 MEMORANDUM OF UNDERSTANDING 11th Street Bridge Replacement Waterloo,Iowa This Memorandum of Understanding is between the City of Waterloo, Iowa (hereinafter referred to as "the City") and the Chicago Central & Pacific Railroad Company, a Delaware Corporation, with its principal place of business at 17641 South Ashland Avenue, Homewood, IL 60430, (hereinafter referred to as "the Company")to facilitate the construction of the 11th Street Bridge. The bridge is being replaced due to its poor structural condition. The new bridge is being elevated to remain open during high water events in the Cedar River. To eliminate the need for road closures and installing the temporary flood protection closures across 11th Street,the vertical profile of 11th Street is being raised which requires the roadway grade near the existing Company track crossing, 307148J,to be elevated several feet. This will necessitate the removal of the existing railroad crossing,307148J,at 11th Street. Exhibit A includes site location maps and several photos showing the existing bridge in relation to the grade crossing, 307148J. The current crossing,307148J and track have not been used in several years. The Company agrees to allow City staff,City's Contractors and City's Consultant to enter onto Company property to remove the existing crossing,307148J,and complete other work as shown in Exhibit B beginning January 17,2022,subject to executing a right of entry or conveyance document with the Company. The City will be responsible for all costs to complete the work as shown in Exhibit B. The City further agrees to reimburse the Company all the fees and costs for the cost of proceeding with the abandonment at the Surface Transportation Board of the existing crossing,307148J. The City will pay a progressive invoice at the time the Company files the notice of exemption with the Surface Transportation Board and the remainder of the costs based on a final invoice at the time of the consummation of the abandonment or ending of the proceeding. The estimated fees and costs are between$15,000 and$20,000. The City understands that Surface Transportation Board Approval of the abandonment is not guaranteed but the City remains responsible for all fees and costs nonetheless. In witness whereof,the City of Waterloo,Iowa and the Company have executed this Memorandum of Understanding as of this day of 2021. City of Waterloo,Iowa By: Quentin Hart,Mayor Attest: Kelley Felchle,City Clerk Chicago,Central&Pacific Railroad Company By: 1 a Title: �I Ju anne Threlfall SeniQWanacier Public Works Attest: Title: Manager Public Works Page 178 of 248 EXHIBIT A Page 179 of 248 4' r ++ m AA f 40 y ~ -f f 00 4 F� OL a 'AOL Project Location Page 180 of 248 00, 14 �A; 11t" Street CN Track Crossing Aerial u MFL 4 - u i I aY ■■ 1 �'u �'Ipil ` C 11t" Street CN Track Crossing Aerial Page 181 of 248 EXHIBIT B Page 182 of 248 q SOUTH ABUT.BRG. � PIER I � PIER 2 j PIER 3 � PIER 4 OPERATIONAL � NORTH ABUT.BRG. LINE OF PROTECTION ,ELEV.854.16 ELEV. 758V 87 !ELEV. 958V 81 ,ELEV. 958 83 !ELEV. 758V 93 LOW BEAM ,ELEV.854.02 MINIMUM VERTICAL EXISTING FLOOD z EXIST.TRA IL QiooQ5o PROPOSED ° z LINE OF PROTECTION CLEARANCE 860 WALL BEYOND (U.A.C.) _ (U.A.C.) ELEV.846.7 ELEV.845.0 TRAIL _ I PROPOSED GRADE 860 PROPOSED GRADE - OVERHEAD STATION = 114+82.0,OFFSET 27.0'RT 840 --- E F F = F = �(TYPJ - - ------ 840 OVERHEAD ELEVATION = 854.72 -_-_--_-_-----_-_----_-- - - -- _ -- --- -- - -- - -- - -- ................. - ' - E- - -- - -E - -- - -- -- -- DEPTH OF SUPERSTRUCTURE = 5'-4 EXIST GROUND I -iEXIST GROUND =--- - - +-__-_ � UNDERPASS STATION 6114 95.0 820 - -- ------- 820 ----------- -- -- -- --- --- --- --- --- --- -- - -------------- --- --- - - -- -- -- - -- --T-ROCK UNDERPASS ELEVATION = 837.90 42" DIAM. EXIST CNRR REQUIRED MIN.VERT.CLEARANCE = 8'-0 800 SPREAD FOOTING REGULATORY LOW BEAM SOCKETS TYP.) ELEV.846.9 800 PROVIDED MIN.VERT.CLEARANCE = 11'-6 TOP OF BERM TOP OF BERM ELEV.841.0 ELEV.845.0 STEEL H-PILE GENERAL NOTES: LONGITUDINAL SECTION ALONG � Ilth STREET TO ROCK +3.534/ '3.657% 1. THIS DESIGN IS FOR THE REPLACMENET OF THE EXISTING VPI STA = 112+30.00 615'X 70'-2 STEEL DECK PLATE GIRDER,DESIGN N0.239. VPI STA = 105+85.00 VPI ELEV = 864.48 VPI STA = 117+89.60 VPI ELEV = 841.69 VC = 500' VPI ELEV = 845.65 MINIMUM VERTICAL 581'-0 FACE TO FACE OF PAVING NOTCHES VC = 210' VC = 250' I'-6 578'-0 - ABUTMENT BEARINGS I'-6 LOCATION CLEARANCE PROPOSED PROFILEGRADE Ilth STREET OVERHEAD STATION = 109+61.6,OFFSET 25.5'RT. T-89N R-13W OVERHDEPTHEAD ELEVATION =OFF SUPERSTRUCTURE 5 5'-4 STA. UTH 09+800 ABUT.BRG. STA.E 0+54.00 STR I PIER I ERI 76.00 STA. 112+73.06- STA.R 3 I 113+95.00 STA.R 4 OIR15+16 00 ABUT.BRG. BLACK HAWK COUNTY CTION 25 HYDRAULIC DATA UNDERPASS STATION = N/A FHWA NO. 11830 DRAINAGE AREA = 5146 SQ.MI. UNDERPASS ELEVATION = 837.5 116'-0 122'-0 97'-0 122'-0 121'-0 LATITUDE 42.49127663° STREAM SLOPE = 3.1 FT/MI. REQUIRED MIN.VERT.CLEARANCE = 8'-0 LONGITUDE -92.331112790 AVG.LOW WATER STAGE = 824.0 PROVIDED MIN.VERT.CLEARANCE = 11'-7 EXIST 27' EXIST 37' EXIST 25' EXIST 14' EXIST 26' 10' EXIST Q100= 947000 CFS SOUTH ABUT.BRG. PIER I PIER 2 PIER 3 PIER 4 NORTH ABUT.BRG. STAGE = 846.7 OPERATIONAL LOW BEAM = 847.8 APPROXIMATE BACKWATER = 0.1 FT. PROPERTY LINESq \ o AVG.BRIDGE VELOCITY = 8.4 FPS Q2w = 107,000 CFS EXISTING TRACK CROSSING STAGE = 847.8 Z j TO BE ABANDONED BY CN CALCULATED DESIGN SCOUR = 810.7 O EXISTING FLOOD WALL ( .A.C.) EXPANSION JOINT LL (U.A.C.) 100 & 500 YR.STAGES AND DISCHARGES PROVIDE EXISTING FROM BLACK HAWK COUNTY F.I.S.'DATED � U PROPOSED FLOOD WA 1 BETWEEN EXISTING FLOOD EXISTING JULY 18,2011.F.I.S.DATUM 0.0 FT. > w RETAINING WALL ; WALL AND PROPOSED STUB SUBSTRUCTURE � `, �� ABOVE/BELOW PROJECT DATUM. SEE SHEET V.201 WA L EXTENSION.SEE SHT. TO BE N / V.2 FOR DEtAILS. REMOVED (TYP.) EXTREME HW STAGE = 851.2 Of �� 1 �� - DATE = 06/11/2008 < LL Ln o . FILL BEHIND EXTENDED Ln> LL2 / - r-T ,1 ABUTMENT STUB WALL __rt c w Ith STREET --- _ Q = 123,000 CFS 00 �+ Q MIN.VERT.CL. 1 \ --- -4 - - -" F, P STAGE = 849.4 c Cr U ; __ _i. _ _ ; ; l --- --- AVG.BRIDGE VELOCITY = 9.8 FPS 1 CALCULATED CHECK SCOUR = 807.1 --- 3 ' o- REGULATORY LOW BEAM ELEV.= 852.7 M N•� A -_ _' ' 11111 hill I ~ O (If hill hill ' \ LINE OF REMAINR AT CTION EXIIl q II II it li it 11 I J J .. R -- -- 4 - - SEES SHEET .111 SURE PROPOSED OVERLOOK (T VI U � YP.) FOIA, FILL BEHIND EXTENDED n PSL - , o� PROPOSED RETAINING WALL PARTIAL \ ABUTMENT STUB WALL EXISTING 615'-0 X 64'-6 MIN.VERT.CL. �� 1 SEE SHEET V.202 WALL REMOVAL (TYP.) STEEL DECK PLATE GIRDER SEE SITE PLAN ® �, `•, M SHEET V.02 BRIDGE,DESIGN NO.239 APPROXIMATE � a � � (TO BE REMOVED) STANDARD COMBINED EXISTING R.O.W. EXISTING \ TRAIL / RETAINING WALL FLOOD WAL FLOOD WALL (U. .C.) \\ (U.A.C.) PROPOSED RETAINING WALL BLACKHAWK I ,O I \` APPROXIMATE EDGE OF WATER SEE SHEET V.203 �N��\ y PROVIDE EXPANSION JOINT APPROXIMATE EDGE OF WATER \ M\js OF �\ BETWEEN EXISTING FLOOD O W. TRAFFIC ESTIMATE WALL AND PROPOSED STUB 0A R 2020 AADT 9,150 V.P.D. WALL EXTENSION. 2045 AADT 10,100 V.P.D. STRUCTURAL DESIGN DESIGN NOTES: SITUATION PLAN HYDRAULIC DESIGN 2045 DHV 1,010 V.P.H. I hereby certify that this engineering document was prepared I. NON-STANDARD ABUTMENT WING WALLS. I hereby certify that this engineering document was prepared ",I„IIIIIIIII,,,,, by me or under my direct personal supervision and that 1 2. PIER TYPE - AESTHETIC DIAPHRAGM PIER „o"" "�� by me or under my direct personal supervision and that I oQ° EESS10 005 10ry'"" am a dui licensed Professional Engineer under the laws QO.,,,,,Nq��,,,, am a duly licensed Professional Engineer under the laws WITH CANTILEVER PIER CAP. o``RQ;.•••'...N''', y g DESIGN FOR 0 SKEW of the State of Iowa. 3. BEAM TYPE - BTD '"e'• Fy °f the State °f Iowa. 578'-0 X 30'-0 PRETENSIONED PRESTRESSED Z;Anthony J'?T_ 4. PROVIDE VENT HOLES IN BEAMS. W: Mark D.'�T: Bower : ' Werner :;g-= 1B' 1.� 2/25/2021 CONC BEAM BRIDGE W/ II'-0 SIDEWALK 19231 '�./ 7/2/2021 GENERAL NOTES: ,54,8 ;�, _.ri -' Y/ -. i Signatu e Date e y g• �� Signature Mark Date 16-0 & 121 -0 - - INTERIOR SPANS '.,,*'•..,,,..•' `O Anthony J. Bower ••.....•• *,.`I` ar Werner END SPANS 122' 0 & 97' 0 10WAaa"°°` Printed or Typed Name THIS DESIGN IS FOR THE REPLACEMENT OF THE EXISTING "..........Ill..o"° Printed or Typed Name 615'X 70'-2 STEEL DECK PLATE GIRDER,DESIGN N0.239. '""" SITUATION PLAN My license renewal date is December 31, 2022 My license renewal date is December 31, 2021 STA. 115+16.00 11TH ST. JULY 2021 Pages or sheets covered by this seal:SHEETS U.10-U.16,V.01-V.59,V.l 10-V.1 12 IN-PROGRESS PLANS ages or sheets covered by this seal: V.01,V.12,V.13 CITY OF WATERLOO V.201-V.208 NOT FOR CONSTRUCTION IOWA DEPARTMENT OF TRANSPORTATION - HIGHWAY DIVISION DESIGN TEAM Stanley Consultants Inc. CITY OF WATERLOO I PROJECT NUMBER BRM-CHBP-8155(770)--NB-07 SHEET NUMBER V.01 1 I 1, ,I ,1 ,1 1 J / I North AC Powered RRFB ' System (Double Sided) _ CY) i 2"Conduit 2"Conduit 5,11! ,1-5c*116 1-5ci1167 � '1-2c"16 0 1-2c*16 0 ° ' '1-l.#6 (GNP 1-lc°6 ( — x, ,1"Conduit onduiL- — — — — — I I ai1-2c#10 1-2c#10 _ I I II I �1-lc0010 (GND) 1-1c"10 (GND) - I - - - 11 th St. - - II I I I li 1"Conduit I I \ '7,\1717° 1-2c"10 Ll W16 �. — — — — - - - - — - - — - - — - - 1-2c°16 - - 2"Conduit \ 1 1-10"6 (GND) — — — — — (Embedded in Br id e Deck) On Bridge: 1 1.Conduit 1-2c#10 Conductors are Paid by 1-2c°10 ; 1-lo#10 (GND) Bid Item Traffic Signalization \ 1 1-lcd 10 (GND) Conduit is included with r Payment for Bridge Pa Items ;South AC Powered RRFB y g y System (Double Sided) ' 1 � RRFB POLES AND HANDHOLES Type Station Offset From Grade 2 1 J f7 p r+ Off Bridge: Conduitand Conductors are Paid by Bid Item NnTFe Handhole 115+33.94 26.1'RT * N. 1 Traffic Signalization 1.For all RRFB assemblies,provide the following conduit and wiring requirements: C0� 2 Inch is minimum conduit size associated with ped crossing circuits. Handhole 115+61.76 21.4'RT • 1-5c*116 from each pedestal pole to the ped controller. ^ 1 1-2c"16 from each push button to the ped controller. �i 1-lc°6 Ground Wire in 2'conduit associated with ped crossing and bonded to South RRFB Pole 115+82.15 19.7'RT • / 1 all metal equipment. 1 1 2.For l"conduit associated with power feed to each RRFB Handhole 115+63.38 19.7'LT * J ; 1-2c"10 and 1-1c°10 Ground associated with power to ped crossing from lighting controller. 1 1 3. Mount ped controller on the pole of south RRFB.See Sheet N.10 North RRFB Pole 115+70.15 19.7'LT Set RRFB pole foundation and top of handhole elevation to \ 1 top of proposed grade. 1 See Sheet N.10 for Additional Details about \ ; RRFB Assembly. ��10� EET 2IF 0 �• FILE NO. ENGLISH DESIGN TEAM Stanley Consultants Inc. CITY OF WATERLOO PROJECT NUMBER BRM-CHBP-8155(770)--NB-07 SHEET NUMBER N.3 5:22:26 PM 6/23/2021 9571 pw:\\SCI-PWINTEG-2.stanf"leygroup.com:Datasource-1\Documents\City-of-Waterloo_ H'1 84 of-248 Park Ave Bridge Replacements\11-CADD\05-SS10-Roadway\SHT\770-11TH\SHT-29363-770-NO2.dgn CITY OF WATERLOO Council Communication Resolution approving a Design Services Contract with Invision Planning,Architecture and Interiors, of Waterloo, Iowa, in conjunction with the Waterloo Public Works Facility Planning Project, in an amount not to exceed $12,000, and authorizing Mayor and City Clerk to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 ATTACHMENTS: Description Type ❑ Proposal Backup Material Resolution approving a Design Services Contract with Invision Planning, SUBJECT: Architecture and Interiors, of Waterloo, Iowa, in conjunction with the Waterloo Public Works Facility Planning Project, in an amount not to exceed $12,000, and authorizing Mayor and City Clerk to execute said document. Submitted by: Submitted By:Randy Bennett, Public Works Manager Recommended Action: Approve Resolution The intent of the study is to test and locate high level future needs for the Summary Statement: building and site. and to allow for planned incremental additions of physical needs to the site in an approach that doesn't negatively impact future decisions. Neighborhood Impact: Positive effect on the neighborhood. Data/Analysis and Strategies: Strategy 3.4: Identify and implement proven cost and resource saving measures. Expenditure Required/Source of GO Bond funding Funds: Page 185 of 248 INVISION PLANNING ARCHITECTURE I INTERIORS DESIGN SERVICES PROPOSAL WATERLOO PUBLIC WORKS PLANNING September 7, 2021 Randy Bennett Public Works Director City of Waterloo randy.ben nett(cDwaterloo-ia.org Randy, Thanks for reaching out about the Waterloo Public Works Facility Planning. We have made some assumptions based upon our meeting to get the conversation started. PROJECT INFORMATION 1. Scope a. The intent of the study is to test and locate high level future needs for the building and site. The intent is to allow for planned incremental additions of physical needs to the site in an approach that doesn't negatively impact future decisions. b. General notes from our meeting. Scope of work could potentially include the following. i. Build new hoop building ii. Locate new brine building next to hoop building with spill containment. iii. Locate sanitation operations structures on the site. iv. Locate new vehicle maintenance building. v. Open storage building for V drop spreaders vi. Internal storage for refuse containers. vii. Provide cold storage space with potential overhead protection canopy for vehicles. viii. Locate flood pump storage. ix. Locate new vehicle fueling site. x. Develop additional staff and visitor parking. xi. Locate 5,000 gallon storage tank with spill containment. xii. Locate outside wash bay that is covered but not enclosed. xiii. There are several existing MEP/control issues that need to be addressed long term. xiv. Improve storage/ layout for traffic and building maintenance areas. Add openings potentially. xv. Bring flood equipment storage back on site if possible. xvi. Avoid brownfield contamination areas. c. Phase 1 project following planning could include hoop building, brine building, fueling station and site changes at entry. This project would be further defined with budgeting in the study. 2. Budget a. There is no budget at this time. This is about planning. 501 SYCAMORE ST,SUITE 101 303 WATSON POWELL JR.WAY,SUITE 200 PEOPLE. PROCESS. BALANCE. WATERLOO,IA 50703 DES MOINES,IA 50309 319.233.8419 515.633.2941 INVISIONARCH.COM Page 186 of 248 INVISION PLANNING ARCHITECTURE I INTERIORS 3. Schedule a. We understand schedule for this is a little loose at this time. See summary below for an understanding of how the process might go from our perspective. b. Contract returned with signature c. 2 weeks—Your staff gathers information for the study. We will need all original building drawings (cad file preferred), soil contamination, surveys, etc. d. 2-3 weeks— Following receipt of information, INVISION to prepare base drawings e. 1 week- Initial project information and goals review meeting (2-3 hours) f. 2-3 weeks— INVISION prep for collaborative work session g. 1 week—Collaborative work session with your staff(3-4 hours) h. 2-3 weeks— Follow up from meeting and preparation of final summary. i. Final report. Goal is to complete by the end of the year if we can get information in a timely manner. j. We can move faster than this but typically our clients need more time between these events than we do. If you need to be more aggressive with the schedule, let us know. We can adapt. k. Phase 1 project following the study could include hoop building, fueling station and brine building. 4. Form of Contract a. This letter will serve as the form of agreement for the study. ARCHITECTURAL DESIGN PROPOSAL 5. Basic Services a. Design is anticipated to move forward in phases. i. DATA COLLECTION 1. We understand you have electronic drawing files which will serve as the basis of our study. 2. You will provide a comprehensive list of needs with approximate sizes and requirements. We can provide a template. 3. We will need to pay attention to the Brownfield site requirements. You indicated you have a good sense of this and that an in depth analysis is not part of the study. We need to understand those limitations. You indicated you have a plan showing these constraints. 4. Once we have your drawings we will develop a base drawing showing the existing conditions. This will serve as the basis of the study. ii. DISCOVERY 1. Organizational kick-off Meeting 1. This is about being on the same page about where we are going. 2. Project goal and strategy Meeting 2. This is about defining what we want to achieve and identifying project constraints as well as opportunities. 3. Review known budgeting. 4. We have not included any peer group building tours at this time but this may be prudent. 5. Review precedent. 6. Review space programming goals. iii. STRATEGY 501 SYCAMORE ST,SUITE 101 303 WATSON POWELL JR.WAY,SUITE 200 PEOPLE. PROCESS. BALANCE. WATERLOO,IA 50703 DES MOINES,IA 50309 319.233.8419 515.633.2941 INVISIONARCH.COM Page 187 of 248 INVISION PLANNING ARCHITECTURE INTERIORS 1. Once we have defined the problem we will lead an interactive workshop as part of Meeting 3 with you and your chosen staff. This is meant to be hands on to work through the details in your collective heads. 2. We will work through multiple scenarios during this work session asking you to draw with us a little. 3. Following the work session we will refine the selected option. 4. A follow up Meeting 4 will review the final solution with the group. 5. Assemble final imagery and summarize. Deliverables include a master plan summary of the process, costs and plan diagrams. iv. IMPLEMENTATION 1. This phase would include detailed meetings, research, design and drawings adequate for the project to be built. This is not included as part of this proposal at this time. We understand projects may come out of the master plan at a later date. b. Services would be billed hourly with an estimated not to exceed of$12,000 for the above work. 6. Consultants a. We have not included other consultants at this time. Based upon your descriptions, we will likely need some advice along the way depending on how much detail is desired. These could include mechanical, electrical, plumbing, civil or environmental engineering. We would bill these hourly if needed. b. We can work with you to add additional members to our team if we work through the process and find that we need additional expertise. This work would likely be limited if needed at all and as a result we'd recommend carrying a $5,000 allowance at this time. c. We will perform cost estimates for the projects but depending up on the scope of the work it could be useful and more accurate to engage a local contractor for some pricing potentially. We can discuss the need for this once we get to that point. 7. Reimbursable Expenses a. We do not anticipate any reimbursable expenses. If found to be necessary by you, we would bill as a direct reimbursable without markup. If you have any questions, give me a call at the office (319.433.3813) or cell (319.239.5496). We look forward to working together again. Thank you for the opportunity. Best regards, Brad Leeper, AIA Architect Authorized signature for approval Date 501 SYCAMORE ST,SUITE 101 303 WATSON POWELL JR.WAY,SUITE 200 PEOPLE. PROCESS. BALANCE. WATERLOO,IA 50703 DES MOINES,IA 50309 319.233.8419 515.633.2941 INVISIONARCH.COM Page 188 of 248 CITY OF WATERLOO Council Communication Resolution approving request to purchase five(5)2021 Ford Explorer Police AWD, 4-door SUVs from Stivers Ford of Waukee, Iowa, from the current open bid originally awarded by Council on April 8, 2019, in the amount of$35,088 each, for a total of$175,440, for the Police Department. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 Resolution approving request to purchase five (5)2021 Ford Explorer SUBJECT: Police AWD, 4-door SUVs from Stivers Ford of Waukee. Iowa, from the current open bid originally awarded by Council on ApH 8, 2019, in the amount of$35,088 each, for a total of$175,440, for the Police Department. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Resolution Request authorization to purchase from existing bid - five(5)Police SUVs Summary Statement: for F Y22. Replacing Police vehicles is on an annual rotating basis. Data/Analysis and Strategies: Strategy 2.2: Enlist all City Department and staff members in efforts to promote a safer community. Expenditure Required/Source of$35,088 each $175,440.00 Funds: GO Bond 421-11-1100-2117 Alternative: Recommendation is to purchase 6 to 7 Police vehicles per year to replace vehicles in poor condition with over 100,000 miles. Page 189 of 248 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on September 8, 2020, in an amount not to exceed $1,945,600, in conjunction with the Park Avenue and 11th Street Bridge Replacements, Contract No. 1013, and authorizing the Mayor to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/8/2021 ATTACHMENTS: Description Type ❑ Supplemental Agreement No. 3 Backup Material Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa,. SUBJECT: originally approved on September 8, 2020, in an amount not to exceed $1,945,600, in conjunction with the Park Avenue and 11th Street Bridge Replacements, Contract No. 1013, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Implementation,Accountability, and Communication: Page 190 of 248 C SUPPLEMENTAL AGREEMENT NO. 03 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of September 23, 2019, for Consultant to provide services to the Client for the Feasibility Study for Replacement of Park Avenue and 11th Street Bridges over the Cedar River, as follows: Scope of Services This Supplemental Agreement is for project coordination and permitting related activities to relocate freshwater mussels from the Area of Direct Impact as well as upstream and downstream buffer at the Park Avenue Bridge, additional design services, construction administration, observation and materials testing. Refer to attachment Exhibit 1 — Scope of Services. Time of Beginning and Completion October 1, 2021 through December 31, 2023 Fees and Payments Original Professional Services Agreement $505,000.00 Supplemental Agreement No. 1 $28,643.00 Supplemental Agreement No. 2 $1,043,000.00 Task Compensation Mussel Relocation Services $116,200.00 Additional Design Phase Services $36,000.00 Construction Administration & Engineering During Construction $321,100.00 Resident Project Representative &Construction Observation $1,376,600.00 Materials Sampling&Testing $95,700.00 Supplemental Agreement No. 3-Subtotal Amount $1,945,600.00 New Total Contract Amount $3,522,243.00 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated September 23, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. STANLEY CONSULTANTS, INC. CITY OF WATERLOO By: a�vu,� • By: Daniel R. Fullerton, P.E. Client Service Manager Date: September 13, 2021 Date: Attest: Attest: By: JL� By: Wendy Diekema City_of_Waterloo_lowa\29363-11th and Park Ave Bridge Replacements\01-Contracts\210816_SA3_CityofWaterloo_ParkAve11thStBridges_29363.docx SC3881 1014 Page 191 of 248 CExhibit 1 - Scope of Services Stanley Consultants INC. PARK AVENUE AND 11TH STREET OVER CEDAR RIVER BRIDGE REPLACEMENTS PRELIMINARY AND FINAL DESIGN CITY OF WATERLOO, IOWA The City of Waterloo(CLIENT)proposes replacing the existing Park Avenue and 111 Street over Cedar River Bridges. The existing bridges in downtown Waterloo are nearing the end of their service life. The project letting will be administered through the Iowa DOT Contracts and Specifications Bureau. This Scope of Services includes Engineering During Construction, Construction Administration and Observation and Materials Sampling and Testing services. Upon written authorization from the CLIENT to proceed,the CONSULTANT shall perform Basic Services consisting of those described in paragraphs 1.1 through 1.17. PART 1 -BASIC SERVICES 1.1 Administration of Construction Contract. Consult with CLIENT and act as CLIENT'S representative. The extent and limitations of duties,responsibilities and authority of CONSULTANT shall not be modified, except as CONSULTANT may otherwise agree in writing. All of CLIENT'S instructions to Contractor will be issued through CONSULTANT,who shall have authority to act on behalf of CLIENT in dealings with Contractor to extent provided in this Agreement except as otherwise provided in writing. 1.2 CONSULTANT will provide Construction Services to the CLIENT in accordance with Iowa DOT Local Systems Bureau I.M.No. 6.000"Construction Inspection.", dated June 15, 2021. 1.3 Pre-Construction Conference. Conduct Pre-Construction Conference prior to commencement of Work at Site. CONSULTANT shall prepare and distribute meeting notes to meeting attendees. Up to four(4)persons from CONSULTANT will participate in the meeting. 1.4 CONSULTANT will use the Iowa DOT FieldBook2,FieldManager computer program for completing Inspector Daily Reports (IDR's) documentation and document progress of field work and process payments to the Contractor. 1.5 CONSULTANT will use Iowa DOT Doc Express program to submit and store electronic documentation. 1.6 Visits to Site and Observation of Construction by Project Engineer. In connection with observations of Contractor's work while it is in progress: 1.6.1 Make visits to Site once every two weeks,to observe as an experienced and qualified design professional the progress and quality of Work. This visit will occur generally at the same time as Progress Meetings are being held. Such visits and observations by CONSULTANT are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond responsibilities specifically assigned to CONSULTANT in this Agreement and Contract Documents,but rather are to be limited to spot checking, PW:City of Waterloo 29363—11"and Park Ave Bridge Replacements\01-Contracts\SA 3_ScopeofServices WaterlooBridges.docx Page 1 of 8 Page 192 of 248 CExhibit 1 - Scope of Services Stanley Consultants INC. selective sampling,and similar methods of general observation of Work based on CONSULTANT'S exercise of professional judgment as assisted by Resident Project Representative. Based on information obtained during such visits and such observations, CONSULTANT will determine in general if Contractor's work is proceeding in accordance with Contract Documents, and CONSULTANT shall keep CLIENT informed of progress of Work. 1.6.2 The purpose of CONSULTANT'S visits to Site, will be to enable CONSULTANT to better carry out duties and responsibilities assigned to and undertaken by CONSULTANT during Construction Phase, and,in addition,by exercise of CONSULTANT'S efforts as an experienced and qualified design professional,to provide for CLIENT a greater degree of confidence that completed Work will conform in general to Contract Documents and that integrity of design concept of completed Project as a functioning whole as indicated in Contract Documents has been implemented and preserved by Contractor. CONSULTANT shall not,during such visits or as a result of such observations of Contractor's work in progress, supervise,direct,or have control over Contractor's work,nor shall CONSULTANT have authority over or responsibility for means,methods,techniques, sequences,or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, CONSULTANT neither guarantees performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with Contract Documents. 1.6.3 The project scope for resident observation services is based on full-time observation during the construction phase. Refer to the following paragraphs for detailed scope of services for resident observation services. 1.7 Resident Project Representative(RPR). Provide services of RPR and other field staff at Site to assist CONSULTANT and to provide more extensive observation of Contractor's work. The RPR and other field staff may provide full time representation or may provide representation to lesser degree. Furnishing of such RPR's services will not extend CONSULTANT'S duties and responsibilities or authority beyond specific limits set forth elsewhere in this Scope of Services, and are further limited and described as follows: 1.7.1 General: RPR is CONSULTANT'S agent at Site,will act as directed by and under supervision of CONSULTANT. RPR's dealings in matters pertaining to Contractor's work in progress shall in general be with CONSULTANT and Contractor,keeping CLIENT advised as necessary. RPR's dealings with subcontractors shall only be through or with full knowledge and approval of Contractor. RPR shall generally communicate with CLIENT with knowledge of and under direction of CONSULTANT. The RPR will be on site to observe the work any time the contractor,or sub-contractors, are performing work on the project throughout the duration of construction.Additional field staff will be available to assist the RPR at times when the volume of the Contractor's work dictates it is needed. 1.7.2 Schedules: Review progress schedule, schedule of Shop Drawing and submittals, prepared by Contractor and consult with CONSULTANT concerning acceptability. PW:City of Waterloo 29363—11"and Park Ave Bridge Replacements\01-Contracts\SA 3_ScopeofServices WaterlooBridges.docx Page 2 of 8 Page 193 of 248 CExhibit 1 - Scope of Services Stanley Consultants INC. 1.7.3 Conferences and Meetings: Attend meetings with Contractor, such as pre-construction conference,progress meetings, and other project-related meetings, and prepare and circulate copies of meeting notes. 1.7.4 Interpretation of Contract Documents: Report to CONSULTANT when clarifications and interpretations of Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by CONSULTANT. 1.7.5 Shop Drawings and Submittals: 1.7.5.1 Record date of receipt of Submittals and Shop Drawings. 1.7.5.2 Receive Submittals which are furnished at Site by Contractor,and notify CONSULTANT of availability of Submittals for examination. 1.7.5.3 Advise CONSULTANT and Contractor of commencement of any portion of work requiring a Shop Drawing or Submittal for which RPR believes that submittal has not been approved by CONSULTANT. 1.7.6 Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to CONSULTANT. Transmit to Contractor in writing decisions as issued by CONSULTANT. 1.7.7 Review of Work and Rejection of Defective Work: 1.7.7.1 Conduct on-site observations of Contractor's work in progress to assist CONSULTANT in determining if Work is in general proceeding in accordance with Contract Documents. 1.7.7.2 Report to CONSULTANT whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to Contract Documents. 1.7.8 Sampling and Testing: 1.7.8.1 CONSULTANT will review test records from the Contractor and submit all records to the CLIENT and Iowa Department of Transportation(Iowa DOT). 1.7.8.2 CONSULTANT will recommend material acceptance by certification and approved brand according to Iowa DOT Material Instructional Memorandums. 1.7.8.3 CONSULTANT will use a SUBCONSULTANT that will provide material sampling and testing services in accordance with Iowa DOT Instructional Memorandum I.M.No. 204"Inspection of Construction Project Sampling& Testing."and the Construction Manual. SUBCONSULTANT'S staff will be certified to perform their tasks as required by the Iowa DOT and on Federal-aid Contracts. PW:City of Waterloo 29363—11"and Park Ave Bridge Replacements\01-Contracts\SA 3_ScopeofServices WaterlooBridges.docx Page 3 of 8 Page 194 of 248 CExhibit 1 - Scope of Services Stanley Consultants INC. 1.7.9 Records: 1.7.9.1 Maintain at Site orderly files for correspondence,reports of job conferences, reproductions of original Contract Documents including all Change Orders,Field Orders,Addenda,additional Drawings issued subsequent to execution of Contract,CONSULTANT'S clarifications and interpretations of Contract Documents,progress reports, Shop Drawing and submittals received from and delivered to Contractor, SWPPP inspections, and other Project related documents. 1.7.9.2 Provide weekly SWPPP reviews along with CLIENT and Contractor personnel, as required by Iowa DNR and CLIENT. 1.7.9.3 Prepare Daily Diary and keep diary or log book,recording Contractor's hours on site,number of workers and job title for each,weather conditions,measurement of quantities,data relative to questions of Change Orders,Field Orders,or changed conditions, Site visitors,daily activities,decisions,observations in general,and specific observations in more detail as in case of observing test procedures; and send copies to CONSULTANT. 1.7.9.4 Record names,addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. 1.7.9.5 Maintain records for use in preparing Project documentation. 1.7.9.6 Upon completion of Work,furnish original set of all RPR Project documentation to CONSULTANT. 1.7.10 Reports: 1.7.10.1 CONSULTANT will furnish CLIENT and Iowa DOT Daily Diaries and Weekly Report of Progress of Work and of Contractor's compliance with progress schedule and schedule of Shop Drawing and submittals. 1.7.10.2 CONSULTANT will perform weekly preparation of Report of Working Days (Iowa DOT Form 830241.) 1.7.10.3 Draft and recommend to CONSULTANT proposed Change Orders, and Field Orders. Obtain backup material from Contractor. 1.7.10.4 Furnish to CONSULTANT and CLIENT copies of all inspection and test reports. 1.7.10.5 Report immediately to CONSULTANT and CLIENT the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work,and property damaged by fire or other causes. 1.7.11 Payment Requests: Review Applications for Payment with Contractor for compliance with established procedure for their submission and forward with recommendations to CONSULTANT,noting particularly relationship of payment requested to estimated pay PW:City of Waterloo 29363—11"and Park Ave Bridge Replacements\01-Contracts\SA 3_ScopeofServices WaterlooBridges.docx Page 4 of 8 Page 195 of 248 CExhibit 1 - Scope of Services Stanley Consultants m item quantities,Work completed, and materials and equipment delivered at Site but not incorporated in Work. CONSULTANT will review and submit payment requests to the CLIENT every two weeks. 1.7.12 Certificates: During course of Work,verify that materials certificates and equipment and other data required by Specifications to be assembled and furnished by Contractor are applicable to items actually installed and in accordance with Contract Documents, and have these documents delivered to CONSULTANT for review and forwarding to CLIENT prior to payment for that part of Work. 1.7.13 Completion: 1.7.13.1 Before CONSULTANT issues Certificate of Substantial Completion, submit to Contractor a punch list of observed items requiring completion or correction. Up to three (3)persons from CONSULTANT shall participate in punch list walk through. 1.7.13.2 Observe whether Contractor has arranged for inspections required by Laws and Regulations,including but not limited to those to be performed by public agencies having jurisdiction over the Work. 1.7.13.3 Participate in final inspection in company of CONSULTANT, CLIENT, and Contractor and prepare final punch list of items to be completed or corrected.Up to two(2)persons from CONSULTANT shall participate in final inspection. 1.7.13.4 Observe whether all items on final punch list have been completed or corrected and make recommendations to CONSULTANT concerning acceptance and issuance of Notice of Acceptability of Work. 1.8 Progress Meetings. Progress Meetings will occur every two weeks during construction to review construction progress,the updated project schedule,the status of pay applications and submittals, and future work activities. CONSULTANT shall conduct meeting,prepare meeting notes, and distribute notes to meeting attendees.Up to two(2)persons from CONSULTANT shall participate in the meeting. 1.9 Defective Work. Recommend to CLIENT that Contractor's work be disapproved and rejected while it is in progress if, on basis of such observations,CONSULTANT believes that such work will not produce a completed Project that conforms generally to Contract Documents. 1.10 Clarifications and Interpretations; Instructions to Contractor. Review Contractor Requests for Information (RFI). Issue necessary clarifications and interpretations of Contract Documents as appropriate for completion of Contractor's work. 1.11 Change Orders. Review Contractor Change Order requests. Recommend Change Orders to CLIENT,as appropriate,and prepare Change Orders. 1.12 Applications for Payment. Based on CONSULTANT'S observations as an experienced and qualified design professional and on review of Contractor's work,prepare Applications for Payment and accompanying supporting documentation: PW:City of Waterloo 29363—11"and Park Ave Bridge Replacements\01-Contracts\SA 3_ScopeofServices WaterlooBridges.docx Page 5 of 8 Page 196 of 248 CExhibit 1 - Scope of Services Stanley Consultants m 1.12.1 CONSULTANT shall recommend payment amount. Such recommendations of payment will be in writing and will constitute CONSULTANT'S representation to CLIENT,based on such observations and review,that,to best of CONSULTANT'S knowledge,information and belief, Contractor's work has progressed to point indicated,quality of such work is generally in accordance with Contract Documents, and conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is CONSULTANT'S responsibility to observe Contractor's work. 1.12.2 By recommending any payment, CONSULTANT shall not thereby be deemed to have represented that observations made by CONSULTANT to check quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of Work beyond responsibilities specifically assigned to CONSULTANT in this Agreement and Contract Documents. Neither CONSULTANT'S review of Contractor's work for purposes of recommending payments nor CONSULTANT'S recommendation of any payment including final payment will impose on CONSULTANT responsibility to supervise,direct, or control Contractor's work in progress or for means,methods,techniques, sequences, or procedures of construction or safety precautions or programs incident thereto,or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes Contractor has used moneys paid on account of Contract Price, or to determine that title to any portion of work in progress,materials, or equipment has passed to CLIENT free and clear of any liens,claims, security interests, or encumbrances,or that there may not be other matters at issue between CLIENT and Contractor that might affect amount that should be paid. 1.13 Record Drawings: Provide to the CLIENT a final set of Record Drawings showing appropriate record information based on the Project annotated record documents. Record Drawings will be red-line markup maintained in the field by the RPR of Contract drawings. CONSULTANT will transfer red-line markup to CAD file and provide an electronic PDF format to CLIENT. 1.14 Contractor's Completion Documents. 1.14.1 Receive bonds, certificates,or other evidence of insurance not previously submitted and required by Contract Documents, certificates of inspection,tests and approvals, Shop Drawings,guarantees,and other data which are to be assembled by Contractor in accordance with Contract Documents to obtain final payment. 1.14.2 CONSULTANT shall transmit these documents to CLIENT. 1.15 Duration of Construction Phase. Construction Phase will commence after the execution of Construction Agreement for Project on the date stated in the Notice to Proceed. Construction phase will terminate upon written recommendation by CONSULTANT for final application for payment with recommendation for release of retainage to Contractor. Construction Phase is based on 260 Working Days assigned to each bridge and is assumed Contractor's work will cover two construction seasons. PW:City of Waterloo 29363—11"and Park Ave Bridge Replacements\01-Contracts\SA 3_ScopeofServices WaterlooBridges.docx Page 6 of 8 Page 197 of 248 CExhibit 1 - Scope of Services Stanley Consultants INC. 1.16 Project Website: CONSULTANT will maintain social media website for the project for duration of construction through coordination with the CITY and maintain site with continual support as new information is added and removed. 1.17 Services provided by CLIENT: 1.17.1 Client will provide direction regarding pay applications,change orders,instructions to contractor(ITC)and other changes in project scope due to changes. 1.17.2 Field office for CONSULTANT'S Resident Project Representative(RPR)will be provided throughout the construction period. Field office will be included in the Contract Documents and provided by the Contractor. 1.18 Conditions of Service. Basic Services described are based on the following conditions: 1.18.1 CONSULTANT shall not be responsible for acts or omissions of any Contractor, of any of their subcontractors, suppliers,or of any other individual or entity performing or furnishing any of Work. CONSULTANT shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with Contract Documents. 1.18.2 The total hours estimated are based on construction duration of 260 Working Days(52 weeks) for construction per bridge and 60 non-working days to complete Project closeout and audit activities, assumed to cover both bridges. 1.18.3 The period of construction requiring CONSULTANT services will not go beyond December 31,2023. 1.18.4 During non-working days,the RPR will complete project administration and documentation activities,and will limit their working day to eight(8)hours. We have assumed 40 non-working days. 1.18.5 The total hours estimated for construction administration are based on one RPR full time for 520 working days(260 working days per bridge) at 8 hours per day. 1.18.6 The total hours estimated for construction observation for up to two (2)observers are based on 35 weeks per bridge. Estimate is based on 10 hours/per day during construction observation and 8 hours/per day for office support. Assumes Contractor is building bridges concurrently and there is a construction observer assigned to each bridge. 1.18.7 The CONSULTANT'S fee for construction observation services assumes the following project details: Letting Date: October 18,2021 Contract Period: 260 Working Days(52 weeks) each for Park Avenue and l I' Street bridge Duration of Work: Park Avenue Bridge-January 1 thru December 31,2022 11'Street Bridge—January 1 thru December 31,2023 PW:City of Waterloo 29363—11"and Park Ave Bridge Replacements\01-Contracts\SA 3_ScopeofServices WaterlooBridges.docx Page 7 of 8 Page 198 of 248 CExhibit 1 - Scope of Services Stanley Consultants INC. PART 2—ADDITIONAL SERVICES The following Additional Services are not included in the Basic Services. These services, if requested by CLIENT and agreed to by CONSULTANT,shall be paid for in addition to compensation for Basic Services. 2.1 Visits to Project Site beyond what are indicated under Basic Services. 2.2 Additional or extended services during construction made necessary if construction goes beyond the established 260 Working Days(per bridge) in the Construction Contract per bridge. 2.3 Additional or extended services made necessary if the period of construction requiring CONSULTANT services goes beyond December 31,2023. 2.2 Additional or extended services during construction made necessary by(1) emergencies or acts of God endangering the work,(2)an occurrence of a Hazardous Environmental Condition, (3)Work damaged by fire or other cause during construction, (4) significant amount of defective,neglected,or delayed work by Contractor, (5) an occurrence of a flood event on Cedar River,or(6) default by Contractor. 2.3 Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, arbitration, or other dispute resolution process related to Project. 2.4 Services requiring rebidding of the work for reasons beyond the control of CONSULTANT. 2.5 Design of sheeting and shoring for construction purposes. PW:City of Waterloo 29363—11"and Park Ave Bridge Replacements\01-Contracts\SA 3_ScopeofServices WaterlooBridges.docx Page 8 of 8 Page 199 of 248 CITY OF WATERLOO Council Communication Resolution approving installation of a 25 MPH speed hump in the 1500 block of Oakwood Drive. City Council Meeting: 9/20/2021 Prepared: 9/10/2021 SUBJECT: Resolution approving installation of a 25 MPH speed hump in the 1500 block of Oakwood Drive. Submitted by: Submitted By:Sandie Greco, Traffic Operations Director Recommended Action: Approve Resolution A petition was received from residents in the 1500 and 1600 blocks of Oakwood Drive requesting a speed study. As a result of the speed study, the recommendation is to install a 25 MPH speed hump in the 1500 block of Summary Statement: Oakwood Drive. The 1500 block met the city's requirement with 85th percentile speed of 32-33 MPH. The 1600 block did not meet the minimum requirement speed to warrant a speed hump. Speed hump will be installed by the Street Department. Neighborhood Impact: The Traffic Operations Staff conducted the study with the recommendation to install the speed hump for safety concerns. Data/Analysis and Strategies: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Expenditure Required/Source of$600.00 Road Use Tax Funds Funds: Page 200 of 248 CITY OF WATERLOO Council Communication Resolution accepting two Quit Claim Deeds from the Iowa Department of Transportation for the conveyance of 0.15 acres and 0.40 acres of right-of-way, better suited to ownership by the City of Waterloo, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/20/2021 Prepared: 9/14/2021 ATTACHMENTS: Description Type ❑ Deed 1 Backup Material ❑ Deed 2 Backup Material Resolution accepting two Quit Claim Deeds from the Iowa Department of SUBJECT: Transportation for the conveyance of 0.15 acres and 0.40 acres of right-of- way, better suited to ownership by the City of Waterloo, 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 acceptance of Quit Claim Deeds. The parcels are located the southeast corner of Ansborough and Maynard Summary Statement: Avenues, and at the southwest corner of Highway 63 and West Hanover (across from Dollar Tree). The parcels are more associated with local streets rather than State right-of-way for ownership purposes moving ahead. Neighborhood Impact: There should be no impact to neighborhood as the ownership, at this point, would not change any built environment features. Data/Analysis and Strategies: See summary. 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City Council Meeting: 9/20/2021 Prepared: 9/14/2021 ATTACHMENTS: Description Type ❑ Drawings Backup Material ❑ Agreement Backup Material Resolution approving a Development Agreement with Hoss Builders, LLC, SUBJECT: for the construction of an infill lot on Lois Lane, including$5.000 in payment incentive upon completion of new home, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve Development Agreement. This is a excellent example of the City's Infill Policy working to create a new infill lot on Lois Lane. This lot was split from the home to west(3349 Summary Statement: Hammond)to create a new 7,350 sq. ft. infill lot for a new home. The lot created is similar in size to other lots to north on Kaplan Drive, and will bring additional revenue to the City of Waterloo on a location already served by water, sewer, roads, garbage, street sweeping, etc. Neighborhood Impact: This will be a great new addition to neighborhood for additional residential investment in an older neighborhood area. The City of Waterloo adopted the Infill Policy standards to work to pick up Data/Analysis and Strategies: empty land parcels in older neighborhoods for added investment and add density/infill to neighborhoods already served by existing infrastructure as a part of our Smart Growth goals and polices. Expenditure Required/Source of$5,000 upon completion of home Funds: Nuisance/housing bonds Alternative: Not approve Legal Descriptions: NA Page 209 of 248 BUILDING PERMIT APPLICATION PERMIT# � ��aa Waterloo Building Department Permit Fee$ 715 Mulberry Street Plan Review Fee$ Waterloo IA 50703 319-291-4319 ph 319-291-4262 fix Fee Tota($ www.cityofwaterlooiowa.com Date Issued 6-5 Commercial Residential-Owner Occupied �^Residential-Income Property Project Address: 1015 Lois Lane Suite/Unit Applicant: Hoss Builders LLC Phone 319 464-5419 Relationship to Project: ❑ Owner f❑ Contractor ❑ Architect/Designer Hoss Builders LLC 7811 Moline Road Owner,Tenant or Business Name Owners Address(if different than project address) Suite/Unit Waterloo la 50703 319 464-5419 hossbuilders@gail.com City, State,Zip Phone Email Hoss Builders LLC Contractor company name Address City,State,Zip Steve Hostetler Site Manager/Contact Name Phone Number Email n/a Architect/Engineer company name Address City, State,Zip Agent Phone Number Email Type of Project Valuation of Proiect ential New 1 or 2 Family Dwelling ❑ Addition Building $ 225k Garage/Shed/Pole Bldg �- Remodel Electrical$ 15k RooflRepair/Fence II Deck Plumbing$ 15k Other HVAC$ 10k Commercial = Commercial New ❑ Addition Total Valuation of Project: $ 265,000 ❑ Multi-Family New/RemodelRemodel =Repair 0 Foundation Only Proposed Occupancy Type R-1 Other: New/Added Square Footage 1304 Written Detail of Project: Construct new single family dwelling with double attched Garage, no lower level finish. No rear del 1 hereby apply for a building permit and I acknowledge that the information above is complete and accurate,that the work will be done in conformance with the ordinances and codes of the City of Waterloo;and that any misrepresentation here will render the permit void. Page 210 of 248 Ir40 year h-,phaii Larvndcd A(chilecfura/5htng/es w/1��Fe J/2"050 ROOF SIifA7-1f/N6 'arced f eel 1Grgy TfU55 W/9100!✓Gl.1f 5 24"0.G 16"min,D/avn In--,ulalion ,14 ZXG SUDFASGIA ALUM.FASGlA 00f ORIlp FDGF 1/2"Ultralrgfd Dryval! 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Ill/DOUBLE FILA7F) d) -14 RISERS ---------------------- ------------------------ -------------------------------------------------------------------------------- -------------------------- - MECH. - ---------- --- - .. .......................................... ...... . COLD STORAGE ------------------------------------- -- FUTURE ................. ....... ....i 4� ' ! : BR 04 ------ ---- 0111 y CO) ......................... . UNEXCAVATED x 5ASEMENT 0' FOUNDATION UJ/ BOOK OU- IDOUBLE 5ILL PLATE -------------- .....pvtiPm WR................... ---- ----------------------- ----------------------------------------- - L 14'-0" Page 212 of 248 �z _o /12 P B`7 r kG IBBIDING RING ilai TOP OF PLAYS i9 B VII:TL 9fDING ➢ � g 9B TOP OF ==MEMMBIC BIDING BImFLOOIR I�IIIIIII !4! 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Silver Line j� w3Nuowk.000.%^ Raft-d uote Quote 9: 35 111!1 1 V!!G/IGVL Quote Date: 07/27/2021 RQ Version: 14.0 Page 1 Of 1 Dealer: BUILDERS FIRST SOURCE Customer: 25 2015 W RIDGEWAY AVE Billing WATERLOO IA 50701 Address: United States 319-232-7116 Phone: Fax: Sales Rep: RANDY S Contact: Unit Size Rough Opening Code Unit Description Qty Location Width Height Width Height 0001 70NCW1, Casement Window,24 x 40 2 BSMT 283181, 48" 28 7/8" 48 112" 0002 3902,Twin Double Hung,Vinyl Sizes,30 x 1 BR#3 71 112" 62" 72" 621/211 52 0003 3902,Twin Double Hung,Vinyl Sizes,30 x 1 FRNT STAIR 71 1/2" 62" 72" 62 1I2" 52 0004 3902,Twin Double Hung,Vinyl Sizes,30 x 2 MBR/LIV RM 71 1/2" 62" 72" fit 1/2" 52 0005 3901, Double Hung,Vinyl Sizes,20 x 30 2 BATHROOMS 23 3/4" 36" 24 114" 36 1/2" 0006 3901, Double Hung,Vinyl Sizes,30 x 52 1 BR#2 35 3/4" 62" 1 36 1/4" 62 112" 0007 5502,2 Panel Patio Door,60 x 68 1 Din RM 71 5/8" 79 3/4" 72 1/8" 60 114" Page 215 of 248 Silver Line Windows -Abbreviated Quote Report Suver Line HOSS-LOIS LN Re to Quote#: 35 Print Date:07/27/2021 Quote Date: 07/27/2021 RQ Version: 14.0 Page 2 Of 3 Dealer: BUILDERS FIRST SOURCE Customer: 25 2015 W RIDGEWAY AVE Address: WATERLOO IA 50701 United States 319-232-7116 Phone: Fax: Sales Rep: RANDY S Contact: Item Qty Item Size (Operation) Location 0005 2 3901,Double Hung BATHROOMS cul Unit Size =23314"Wx36" H RO Size=241/4"W x 36 112" H Nominal Size= 20 x 30 _..,,,. Standard, Nailing Flange,White, Low-E LS,Argon, DP50,Tempered,Tempered, Full Screen, Single Lock, Clear 6 9/16, U-Factor: 0.29, SHGC: 0.24 0006 1 3901,13ouble Hung BR#2 CUnit Size=35 314"W x 62" H RO Size=36 114"W x 62 112" H Nominal Size= 30 x 52 Standard, Nailing Flange,White, Low-E LS,Argon, DP45, Standard Glass, Standard Glass, Full Screen, Double Lock, Clear 6 9116, U-Factor: 0.29, SHGC: 0.25 . .. 0007 1 5502,2 Panel Patio Door Din RM Unit Size=71 518"W x 79 314" H RO Size=72 118"W x 80 1/4" H Nominal Size= 60 x 68 White,OX, Low-E LS,Argon, Standard PG,Tempered, Full Screen, U-Factor:0.29, SHGC: 0.25 Customer Signature Dealer Signature Page 216 of 248 Silver Line Windows - Abbreviated Quote Report Silver Line HOSS-LOIS LN WIW"W$'bbbf S' iiaprd uofe Quote#: 35 Print Date:07/27/2021 Quote Date: 07/27/2021 RQ Version: 14.0 Page 1 Of 3 Dealer: BUILDERS FIRST SOURCE Customer: 25 2015 W RIDGEWAYAVE Address: WATERLOO IA 50701 United States 319-232-7116 Phone: Fax: Sales Rep: RANDY S Contact: Item My Item Size(Operation) Location 0001 2 70NCW1,Casement Window BSMT Unit Size=28 318"W x 48" H RO Size=28 718"W x 48 1/2" H Nominal Size =24 x 40 White, Left, Low-E LS, Argon, DP30, Standard Glass, Full Screen, Nailing Fin without"J"channel, Egress Hinge, U-Factor, 0.27, SHGC: 0.20 - f 0002 1 3902,Twin Double Hung BR#3 Unit Size=71 112"W x 62" H RO Size=72"W x 62 1/2"H Nominal Size=30 x 52 Standard, Nailing Flange,White, Low-E LS,Argon, OP50, Standard Glass, Standard Glass, Standard Glass, Standard Glass, Contour, Colonial, Grilles Between the Glass (GBG),Top Sash Only, 3A/2D, l=ull Screen, Double Lock, Prime 6 9/16, U-Factor: 0.29, SHGC: 0.22 0003 1 3902,Twin Double Hung FRNT STAIR Unit Size=71 112"W x 62" H RO Size=72"W x 62 112" H Nominal Size=30 x 52 Standard, Nailing Flange,White, Low-E LS,Argon, DP50,Tempered, Tempered,Tempered,Tempered, Contour, Colonial, Grilles Between the Glass (GBG),Top Sash Only, 3A/2D, Full Screen, Double Lock, Prime 6 9116, U-Factor: 0.29, SHGC:0.22 0004 2 3902,Twin Double Hung MBRILIV RM Unit Size=71 112"W x 62" H �1 RO Size=72"W x 62112" H Nominal Size=30 x 52 Standard, Nailing Flange,White, Low-E LS, Argon, DP50, Standard Glass, Standard Glass, Standard Glass, Standard Glass, Full Screen, Double Lock, Prime 6 9/16, U-Factor: 0.29, SHGC: 0.25 Page 217 of 248 JENNIFER SPARKS From: SARAH KEMPEN Sent: Monday, August 2, 2021 3:34 PM To: hossbuilders@gmail.com Cc: Cameron Agan;JENNIFER SPARKS Subject: 1015 Lois Hi Steve, I completed a pre-construction inspection for the above address. Inspection has been approved, and construction may proceed when necessary building permit has been obtained or approval has been granted by all departments. Please reference the separate greenscape now email you received to view my report and your signed storm water permit application. Additional comments: • City of Waterloo's subdivision ordinance section 4.2 requires 6"topsoil depth be returned post- construction. Please ensure to contact me before seeding or sodding the site for a topsoil inspection to verify this amount has been replaced. • In order to properly close out of the storm water permit, please contact me when the site reaches uniform 70% vegetative cover so I can complete a post-construction inspection for approval. Please let me know if there are any questions. Thank you, Sarah Kempen, ICCSPPI City of Waterloo, Engineering Department Cell: 319.493.15511 Office: 319.291.4312 Page 218 of 248 J CIE�a�z��2bZe • -{-a .IrvU l�t 5►� I �1 I �+ov+ctc i C I I I I I �a r C.p�G�e.7-C �7 21✓-t Y o e FE- 110, e V 4f 4ct'c 3�zZ Page 219 of 248 ..1.-.;......;..—..i....'..;:;...1.11......1;!.;...—.t!.V.".1.;...1.;:.;'...:--;..,...;._.4._.....;..._. ..;..—..;.—..........;!.:...,...4.:....,...1—.....!.i:.—.1;.11. . . 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DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of by and between Hoss Builders L.L.C. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a single-family dwelling and related improvements on property it owns or is acquiring in the City of Waterloo. B, City considers 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 thepublic purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property Acquisition and Preparation. Company is purchasing from its current owner certain real property abutting on the east side of 3349 Hammond Avenue (the "Property"). Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. Company shall, at its own expense, demolish any existing structures, remove trees on the Property that will interfere with the Improvements (defined below) or construction of same, remove and properly dispose of debris, and otherwise prepare the site for construction. Page 221 of 248 2. Improvements by Company. Company shall construct one single-family building on the Property, completed to a finished state, including installation of driveway and sidewalk, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. 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 four (4) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements must be Substantially Completed within twelve (12) months after the date of this Agreement (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 11, 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 11, and City shall have no further obligation hereunder with respect to such Project. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 2 Page 222 of 248 4, 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. 5. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives: A. Grants. As provided in the City's infill housing policy, City will pay Company a grant of$5,000.00 for timely completion of the Improvements, payable within sixty (60) days after City has verified that the Improvements have been Substantially Completed. B. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company meets all requirements to qualify for such exemption. 6. 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. Until the Improvements have been Substantially Completed, 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. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses. 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. 7. 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, 3 Page 223 of 248 8. 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. 9. 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 4 Page 224 of 248 or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of 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 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. 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; C. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; or (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. D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished 5 Page 225 of 248 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. 11. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 12. 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. 13. 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 6 Page 226 of 248 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. 14. 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. 15. 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 7811 Moline Road, Waterloo, Iowa 50703, Attention: Steven R. Hostetler. 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. 16. 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. 17. 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. 7 Page 227 of 248 18. 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. 19. 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. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. 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. 22. 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. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] s Page 228 of 248 CITY OF WATERLOO, IOWA HOSS BUILDERS L.L.C. By: By: Quentin M. Hart, Mayor Steven R. ostetler Managing Member Attest: Kelley Felchle, City Clerk 9 Page 229 of 248 CITY OF WATERLOO Council Communication Resolution approving a Minor Site Plan Amendment to the "S-1" Shopping Center District to allow Hy-Vee on Flammang Drive to construct a 1,200 sq. ft. addition, for Hy-Vee Aisles Online pickup area on the west side of the current building, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/14/2021 ATTACHMENTS: Description Type ❑ Hy-Vee Minor Site Plan Backup Material Resolution approving a Minor Site Plan Amendment to the "S-1" Shojping Center District to allow Hy-Vee on Flammang Drive to construct a 1,200 sq_ SUBJECT: ft. addition, for Hy-Vee Aisles Online pickup area on the west side of the current building, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Adopt resolution Hy-Vee continues to invest and upgrade their shopping options and capabilities at their Waterloo locations. This small addition is allowed through the Zoning Ordinance as a Minor Site Plan Amendment, and will Summary Statement: allow for additional options for shoppers to pick up items they have purchased online at Hy-Vee. We ask that the City Council affirm this as a minor change, as the area was previously green space, will have proper storm water detention, does not reduce any other parking availability at site, or impeded any traffic flows. Neighborhood Impact: Additional options for shoppers should be a positive impact. Data/Analysis and Strategies: The addition would appear to help reduce any traffic congestions at front portions of stores where others are driving, pedestrians are walking, etc. Expenditure Required/Source of None Funds: Alternative: Not approve-go through full Planning Commission process Legal Descriptions: NA Page 230 of 248 1 _ i #y 00 IFT 4104W At 9M -jr lob MW IN OAR 40 f qb t' } e5 �. ir r + l RFA ON i*Nateflco #3 low r r� 1 i 1 uqVQ@- S1 7 - -'� oxuosu verrto , F I --- 1,200 SF BUILDTNG ADDITION R 111 llip DOOR ;+ IL Waterloo 3 AOL Development elopment Concept Scale: 1"=30' N O R T H Page 231 of 248 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement with Paramount Investments, LLC, originally executed February 17, 2014, to clarify payment rebates, for a project located at 301-311 East 3rd Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/20/2021 Prepared: 9/14/2021 ATTACHMENTS: Description Type ❑ Paramount DA Amend Backup Material Resolution approving an Amendment to the Development Agreement with SUBJECT: Paramount Investments, LLC, originally executed February 17. 2014, to clarify payment rebates, for a project located at 301-311 East 3rd Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Adopt a resolution The St. Joseph's Square project was built by John Rooff, but was later sold Summary Statement: to Paramount Investments, LLC. CURA was utilized for a portion of the rebate period. This amendment will help clarify the rebate payment to the new ownership. There is no change to the actual built environment. Expenditure Required/Source of Rebates from original Development Agreement remain same Funds: Alternative: NA Legal Descriptions: NA Page 232 of 248 Preparer Information: Christopher S.Wendland, PO Box 596,Waterloo, Iowa 50704 (319)234-5701 Name Address City Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2021, by and between Paramount Investments, LLC ("Paramount") and the City of Waterloo, Iowa (the "City"). RECITALS A. Black Hawk Contracting & Development, Co. ("BHCD") and City are parties to that certain Development Agreement dated February 17, 2014 and filed April 24, 2014 as Doc. No. 2014-18869 (the "DA"), concerning the development of land (the "Property") described therein. B. BHCD has sold the Property to Paramount, and the parties desire to substitute Paramount for BHCD as "Company" under the DA. C. After completion of the Improvements, Company had the benefit of both three years of CURA property tax abatement and property tax rebates. It was not the intention of the DA that Company would utilize both benefits, and it is the established policy of the City that development projects will not simultaneously receive both forms of incentive at the same time. D. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Paramount does hereby assume, all rights, duties and privileges of "Company" under the DA, effective upon approval of this Amendment by the Waterloo City Council. City hereby consents to such assignment and assumption and hereby releases John R. Rooff, III from liability under the personal guaranty set forth in the DA. 2. Section 8 of the DA is amended to modify the rebates for Year One, Year Two and Year Three to read as follows: Page 233 of 248 Page 2 Year One 0% rebate Year Two 0% rebate Year Three 0% rebate 3. Section 13 of the DA is amended to strike paragraph (b) therefrom and to substitute the following new paragraph (b): "(b) if to Company, to Paramount Investments, LLC, 59 River Ridge Road, Cedar Falls, Iowa 50613, Attn: Martin VanZee 4. The parties acknowledge that the Property has been platted as St. Joseph's Square and is now described as Lots 1-8, St. Joseph's Square, in the City of Waterloo, Black Hawk County, Iowa, also identified as parcel nos. 8913-24-353-009 through 8913-24-353-016, inclusive, and locally known as 301, 303, 305, 307, 309, and 311 E. 3rd Street, Waterloo, Iowa. 5. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment 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 Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA PARAMOUNT INVESTMENTS, LLC By: By: Quentin Hart, Mayor Martin S. VanZee Managing Member Attest: Kelley Felchle, City Clerk Page 234 of 248 CITY OF WATERLOO Council Communication Resolution approving a Settlement Agreement and Release with Zachary Beschomer, in the amount of $7,227.85, for repairs on a sewer line serving 1103 Commercial Street, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/20/2021 Prepared: 9/14/2021 ATTACHMENTS: Description Type ❑ Settlement Agreement 1103 Comm Backup Material Resolution approving a Settlement Agreement and Release with Zachary SUBJECT: Beschorner, in the amount of$7,227.85, for repairs on a sewer line serving 1103 Commercial Street, 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 agreement and release. The City of Waterloo acquired a 657A house at 1107 Commercial Street and proceeded to demolition. The two homes had a shared sewer connecting Summary Statement: fine, and the City specifications for demolition recognized that and required a sewer cut in a certain location. The cut was done properly, but sewer failure still occurred, causing damage to the abutting home at 1103 Commercial. City staff has reviewed repair records totaling the $7,227.85. Neighborhood Impact: The cleanup of the dilapidated house was crucial to revitalization of the neighborhood. Data/Analysis and Strategies: Continue to examine records for older, shared service lines and work accordingly. Implementation,Accountability, City staff has been in communication with the owner of the abutting homes and Communication: for resolution of this matter. Expenditure Required/Source of$7,227.85 Funds: Nuisance bonds Alternative: NA Legal Descriptions: NA Page 235 of 248 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into as of , 2021 by and between Zachary Beschorner ("Beschorner") and the City of Waterloo, Iowa(the "City"). Whereas, Beschorner is the owner of property at 1103 Commercial Street, Waterloo, Iowa ("1103 Commercial"), and City is the owner of adjacent property with a former address of 1107 Commercial Street(the "City Property"); and Whereas, City demolished a structure on the City Property and in connection with the project disconnected a sewer pipe shared by the two properties, and to restore sewer service to 1103 Commercial Beschorner had to incur expenses for repair or replacement of infrastructure (the"Claim"); and Whereas, the parties wish to provide for payment to Beschorner to resolve his Claim for compensation on the terms and conditions set forth in this Agreement. Now,therefore,the parties hereby agree as follows: 1. Statement of Intention. The parties, and each of them, desire by this Agreement to conclude and resolve all matters in any way relating to the liability of City to Beschorner arising from or in any way connected with the Claim and all matters related thereto. 2. Payment. Within 30 days after Beschorner's execution and delivery of an original signature copy of this Agreement to City and invoices that substantiate expenses incurred by Beschorner with respect to the Claim, City will pay Beschorner the sum of$7,227.85, or such lesser amount as is supported by the invoices. 3. Release. Beschorner does hereby irrevocably and unequivocally release, acquit, and forever discharge City, its elected officials, officers, employees, contractors and agents (the "Releasees") from any and all liability of any type or nature whatsoever with respect to the Claim and all matters related directly or indirectly thereto, including but not limited to all claims, demands, causes of action, fees, costs, and expenses, including but not limited to attorney's fees and expenses, whether known or unknown, which Beschorner may now or in the future have against any of the Releasees, whether based on statute or existing at common law, at law or in equity, or sounding in tort or contract,relating in any way to the Claim or any other allegation of damage or injury allegedly caused by or arising from the acts or omissions of any Releasee upon or about the City Property or 1103 Commercial (cumulatively, the "Released Claims"). This release covers all injuries and damages, whether known or unknown, or which may hereafter appear or develop, arising in any way from the subject matter of this Agreement. 4. Covenant Not to Sue. Each party agrees that it shall not institute, prosecute or in any way aid in the institution or prosecution against the other party of any claim, demand, action, or cause of action for damages, costs, expenses or recoupment for or on account of any damage or loss allegedly arising from or in connection with 1103 Commercial or the Claim. Page 236 of 248 5. Complete Defense. This Agreement may be pled as a full and complete defense to, and may be used as a basis for an injunction against, any action, proceeding at law or in equity, or other judicial or non judicial proceedings that Beschorner may institute, prosecute, or maintain against City or any Releasee. 6. No Reliance; Advice of Counsel. The undersigned, and each of them, acknowledges that execution of this Agreement is based upon its own personal knowledge and belief or the knowledge and belief of its officials and/or officers and not upon representations made by any other party. Each party acknowledges that it has consulted or has had the opportunity to consult with independent legal counsel to have questions answered about the legal effect of this document before executing it. 7. Compromise Settlement. This Agreement and the releases being given pursuant hereto are executed and entered into as a compromise settlement of the Claim, liability for which is expressly denied by City, and payment of the above sum does not constitute an admission of liability on the part of City. It is further understood and agreed that this Agreement is made to avoid the risk, expense, and inconvenience of legal proceedings and to terminate all controversies or claims for damages or losses arising out of or resulting from the matters described in the recitals and in Section 3 above. 8. Severability. In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect to the greatest possible extent. 9. Further Documents. The parties agree to execute all documents necessary to effectuate the terms and conditions of this settlement. 10. General. This Agreement represents the full mutual agreement between the parties, and no promise or expectation of any other or further consideration has been made to the undersigned, or to any of them, by any person. This Agreement is binding on the parties and the respective successors, assigns, heirs, and personal representatives of each, and it may not be modified or amended without the mutual written consent of all parties. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same Agreement. EACH OF THE UNDERSIGNED PARTIES HAS READ THIS AGREEMENT, HAS HAD THE OPPORTUNITY TO CONSULT WITH THE PARTY'S OWN LEGAL COUNSEL, AND UNDERSTANDS ITS TERMS. THIS AGREEMENT IS SIGNED FREELY AND VOLUNTARILY. IN WITNESS WHEREOF,the parties have executed this Settlement Agreement and Release as of the date first set forth above. [signatures on next page] 2 Page 237 of 248 CITY OF WATERLOO, IOWA By: Zachary Beschor er Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 3 Page 238 of 248 CITY OF WATERLOO Council Communication An ordinance amending the 2020 Traffic Code by adding Subsection(157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road (Hwy. 63), to Section 551, Parking Prohibited At All Times On Certain Streets. City Council Meeting: 9/20/2021 Prepared: 8/31/2021 ATTACHMENTS: Description Type ❑ Ordinance Backup Material Motion to receive, file, consider and pass for the first time an ordinance amending the 2020 Traffic Code by adding Subsection(157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road SUBJECT: (Hwy. 63) to Section 551, Parking Prohibited At All Times On Certain Streets. 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: Sandie Greco, Traffic Operations Director Recommended Action: Adopt Ordinance Concerned citizens and business and property owners have contacted the Traffic Operations Department and City Hall regarding a safety issue along Greyhound Drive from Ridgeway Avenue to Sergeant Rd. (Hwy 63) because Summary Statement: of semis parking on both sides of Greyhound Drive all hours of the day and night. There is a visibility concern for vehicles and trucks safely turning onto Greyhound from driveways and intersecting streets. With future plans for growth in the Greyhound Drive area, business owners etc. will be aware of the no parking ordinance. Data/Analysis and Strategies: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Implementation,Accountability, Letters of the pending ordinance change were sent to businesses and and Communication: establishments along Greyhound Drive. No comments have been received. Page 239 of 248 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE BY ADDING SUBSECTION (157b) GREYHOUND DRIVE, BOTH SIDES OF STREET FROM WEST RIDGEWAY AVE. TO SERGEANT ROAD (HWY 63), TO SECTION 551, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (157b) Greyhound Drive is hereby added to Section 551 Parking Prohibited at All Times on Certain Streets, of the 2020 Traffic Code, as follows: (157b) Greyhound Drive Both sides of street from West Ridgeway Ave. to Sergeant Road(Hwy 63). PASSED AND ADOPTED by the City Council this 20th day of September, 2021, and approved by the Mayor this 20th day of September, 2021. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 240 of 248 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Darcy Canby, Police Officer, effective August 7, 2021 with recommendation of approval of payout of $31,775.91 for unused benefits. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Police Department on the notice of the SUBJECT: conclusion of employment for Darcy Canby, Police Officer, effective August 7, 2021 with recommendation of approval of payout of$31.775.91 for unused benefits. Submitted by: Submitted By: Page 241 of 248 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Nicholas Nelson, Police Officer, effective August 20, 2021 with recommendation of approval of payout of $3,496.86 for unused benefits. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Police Department on the notice of the SUBJECT: conclusion of employment for Nicholas Nelson, Police Officer, effective August 20, 2021 with recommendation of approval of payout of$3,496.86 for unused benefits. Submitted by: Submitted By: Page 242 of 248 CITY OF WATERLOO Council Communication Communication from the Waterloo Public Library Department on the notice of the conclusion of employment for Timothy E. Kuhlmann, Library Assistant, effective August 20, 2021 with recommendation of approval of payout of$2,878.64 for unused benefits. City Council Meeting: 9/20/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Public Library Department on the notice SUBJECT: of the conclusion of employment for Timothy E. Kuhlmann, LibM13X Assistant, effective August 20, 2021 with recommendation of approval of payout of$2,878.64 for unused benefits. Submitted by: Submitted By: Page 243 of 248 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes of July 21, 2021. City Council Meeting: 9/20/2021 Prepared: 9/3/2021 ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes of July 21, 2021 Backup Material SUBJECT: Airport Board Meeting Minutes of July 21, 2021. Submitted by: Submitted By: Page 244 of 248 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday July 21,2021 T. ROLL CALL Chair Arlene Humble called the meeting to order at 12:02 p.m. Board Members Present: Cary Darrah, David Deeds, Todd Holcomb, Arlene Humble, Gwemle Berry, Scott Voigt and Doug Rath.burn. Board Members Absent: NIA City Officials Present: Councilmembers Margaret Klein and Ray Feuss. Airport Staff Present: Keith Kaspari, Airport Director. Other Attendees: Ms, Amie Rivers, General Municipal Reporter for The WCF Courier (Daily Newspaper) II. AGENDA AS RECEIVED OR AMENDED i Moved by Mrs. Darrah, seconded by Mrs. Berry that the agenda be approved as received. Motion carried. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Kaspari provided an update on the month's activities by the Staff, and asked if there were any questions on his report, and there were none. B. Monthly Planning & Development Report — Pictures of the progress for airfield construction were included in the Board Members packet. C. Legislative Information & Updates — Mr. Kaspari included information in the Board Members packet on IPAA correspondence to Governor Reynolds on CSVI amounts; and, ACI-NA Updates on a U.S. House Committee on action regarding the PFAS Action Act. 1 Page 245 of 248 D. Mise. Monthly Airport Reports Mr. Kaspari stated that passenger numbers for June were better (1,373) than in May (958). Mr. Kaspari provided further comment that ALO may not see a schedule similar to the preferred pre-COVID schedule (Ex: Daily Departures at 6:20 a.m. and 1:15 pan.) with Arrivals at 12:50 p.m. and 9:45 p.m.)until possibly November. V. BOARD APPROVAL A. Approval of Minutes of the May 26, 2021 Regular Meeting Mrs. Berry moved that the minutes of the May 26, 2021 meeting be approved, seconded by Mr. Deeds. Motion carried. B. Motion to Receive and File May and June 2021 Expenses Dr. Holcomb moved that the May and June 2021 expenses be received and filed, seconded by Mr. Rathburn. Motion carried. C. Motion to Direct Staff to File Appropriate application for FY-2021 Airport Rescue Grant for ALO in the Amount of: $1,135,973.00. Mr. Deeds moved that Staff File an Application to the FAA for a FY-2021 Airport Rescue Grant for Waterloo Regional Airport in the arnount of$1,135,973, Seconded by Mr. Voigt. Motion carried. VL OLD BUSINESS A. Update: Osprey Aviation Hangar—Certificate of Occupancy In the Board Packet, Mr. Kaspari provided a copy of the Certificate of Occupancy for the Osprey Corporate Aviation Hangar to showcase to the Airport Board that the construction of the hangar is substantially complete. B. Update: New Airport Website Project Mr. Kaspari provided an update to the Board that the launch of the new airport website and logo /rebranding project has been completed. To provide project funding, Mr. Kaspari provided his thanks to the Staff at Experience Waterloo for the grant via their Hotel / Motel Mini Tax Grant at $14,500 which paid for the above. Work for both initiatives was completed by the Staff at Advance Media,NY. 2 Page 246 of 248 VII. NEW BUSINESS A. Mr. Kaspari introduced Mr. Doug Rathburn, Manager of the Supply Chain, for John Deere's Manager of Supply Management --- Large Tractors. Mr. Rathburn provide a summary of his background, etc. B. Mr. Kaspari opened the floor for the annual Election of Officers. Mrs. Darrah recommended and made a motion of support that Arlene HLunble continue as Board Chair. This was seconded by Mrs. Berry. Motion Passed. Mrs. Darrah recommended and made a motion of support that Scott Voigt continued as Board Vice Chair. This was seconded by Dr. Holcomb, Motion Passed. C. Mr. Kaspari provided a general summary of the Airport Rescue Grant (ARPA) American Rescue Plan Act, as submitted by Staff, as described earlier in Section V, Board Approval (C). D. Mr. Kaspari led discussion with the Board on Staffs request for recommendation on Rates and Charges for Airline Charters operating through the airline passenger terminal building. A motion of support was made by Mr. Ratliburn, with a Second by Mr. Deeds. Motion passed E. Mr. Kaspari led discussion with the Board on Staff's update on the FAA-Issued "Cert-Alert" regarding the Overflow and Overfill protection of both Mobile Fuelers (Fuel Trucks) and Bulk Fuel Storage Tanks, For compliance with Section 407 of the NFPA (National Fire Protection Association), 2017 Edition of the NFPA Regulation. A motion of support was made b Mr. Deeds with a Second b Mrs. Berry. pp Y � Y Y Motion passed F. Mr. Kaspari provided an update regarding the airport's use of Aqueous Film Forming Foam, or AFFF, via ALO's Airport Fire Department and the type of Fire Fighting Foam that is used to extinguish aircraft fires, via House Resolution No: 2467. This will allow the airport staff to continue to use AFFF until the Federal Aviation Administration provides approval for an environmentally-approved alternate. G. Mr. Kaspari provided an update on the trip to St. George, UT. H. Mr. Kaspari provided an update on the potential for an in-person visit to Dallas, or to schedule a future virtual meeting with officials from American Airlines. 3 �I Page 247 of 248 VIII. STAFF AND BOARD MEMBER COMMENT No comment was provided by Staff or any Board Members. IX. ADJOURNMENT A Motion to Adjourn the meeting was offered by Mrs. Berry and Seconded by Dr. Holcomb. Motion passed. Meeting adjourned at 12:52. Respectfully submitted, Arlene Humble, Chairperson 4 Page 248 of 248