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Council Packet - 12/5/2022
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, December 5, 2022 5:30 PM CITY OF WATERLOO COMMUNITYVISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize Crossroads Mall area into a sports/recreation themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper.. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes. During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. 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. 13. Council members may speak during public comment portion of the agenda after the public has finished speaking. C. Council members may speak during public comment portion of the agenda after the public has finished speaking. Page 1 of 181 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes. During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. 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. 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 COMMENT DURING 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 Jerome Amos, Ward 4 Council Member Agenda, as proposed or amended. Minutes of November 21, 2022, Regular Session, as proposed. UNI student presentation on Environmental/social/health vulnerabilities in areas of Waterloo. 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 public may speak during the public comment section of the agenda by following the rules listed on the cover page of the agenda. 1. Consent Agenda: The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. A. Resolution to approve the following: Page 2 of 181 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to approve the purchase of one (1) used 2021 John Deere 190GW FT4 Wheeled Excavator with a Mechanical Pattern Changer and a Bucket (with teeth) and an extended warranty of 84 months/7,000 hours in the amount of $177,960.00 from Murphy Tractor & Equipment of Waterloo, Iowa. Submitted By: Randy Bennett, Public Works Division Manager 3. Resolution authorizing an exemption to the City of Waterloo's Purchasing Policy to approve the purchase of one (1) used 2021 Ford Ranger Supercab, in the amount of $34,000.00, from Lynch Ford - Mt. Vernon, Inc., of Mount Vernon, Iowa. Submitted By: Randy Bennett, Public Works Division Manager 4. Resolution approving the request of Kasim Mustedanagic, for tax exemptions on the construction of a new twin home unit valued at $160,000.00, for property located at 101 Aidin Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving the request of Kasim Mustedanagic, for tax exemptions on the construction of a new twin home unit valued at $160,000.00, for property located at 103 Aidin Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 6. Motion approving Final Quantity Summary for a net increase of $148,341.48 for Peterson Contractors, Inc., in conjunction with the FY 2018 University Avenue - Phase I, from Greenhill Road to Evergreen Avenue, Contract No. 933, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $8,952,941.17, in conjunction with the FY 2018 University Avenue - Phase I, from Greenhill Road to Evergreen Avenue, Contract No. 933, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 8. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Woodruff Construction, Inc., of Fort Dodge, Iowa, in the amount of $3,475,700.26, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase 1, Contract 951, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving request of Jonathan Brundrett, for a waiver for a concrete driveway, located at 175 W. 16th Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 10. Resolution approving preliminary plans, specifications, form of contract, etc., re -setting date of bid opening as December 15, 2022 and date of public hearing as December 19, 2022 in conjunction with the W. 9th Street and South Street Mini -Roundabout Project, Iowa DOT grant project number CS-TSF-8155(777)--85-07, and instruct the City Clerk to publish notice. Submitted By: Mohammad Elahi, Interim Traffic Operations Director B. Motion to approve the following: Page 3 of 181 1. TRAVEL REQUESTS a. Officers Hunter Saul, Rodney Dieser, Adam Gilbaugh Class/Meeting: Iowa Law Enforcement Academy 16 Weeks Camp Dodge Destination: Johnston, IA Dates: January 3, 2023 to April 21, 2023 Amount not to exceed: $29,250.00 b. Waterloo Fire Rescue Instructor(s) Class/Meeting: Operations Level Class Destination: New Albin, IA Dates: January 11, 2023 Amount not to exceed: $228.00 c. Waterloo Fire Rescue Instructor(s) Class/Meeting: Operations Level Class Destination: Lansing, IA Dates: January 11, 2023 Amount not to exceed: $216.00 d. Mayor Quentin Hart Class/Meeting: 91st Winter US Conference of Mayors Destination: Washington, D.C. Dates: January 18-280, 2023 Amount not to exceed: $2,100.00 e. Sergeant Koontz Class/Meeting: Gracie Survival Tactics Level 1 Instructor Certification Destination: Johnston, Iowa Dates: December 12-16, 2022 Amount not to exceed: $420.00 2. LIQUOR LICENSES a. Club Ambassador, 313 W. 5th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/15/2023 b. Courtyard By Marriott, 250 Westfield Avenue Class: C Liquor w/Catering Renewal Application Includes Sunday Expiration Date: 11/19/2023 c. Locker Room Lounge, 1918 Hawthorne Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/31/2023 d. West Side Liquor, 919 W. 5th Street Class: C Liquor w/Outdoor Service Page 4 of 181 Renewal Application Includes Sunday Expiration Date: 12/21/2023 3. APPOINTMENTS a. Rich Kurtenbach Board/Commission: Telecommunications Expiration Date: December 12, 2028 Re -Appointment 4. Motion approving Change Order No.1 from Municipal Pipe Tool Co., LLC of Hudson, Iowa for a net increase of $9,586.00 for Non SRF work in conjunction with the FY 2023 CIP Pipelining Phase IVA3, Contract No. 1063, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Director 5. Motion approving recommendation of appointment of Tanner Kroeze to the position of Park Maintenance II - Forestry Apprentice in the Leisure Services Department effective December 6, 2022, subject to physical examination and drug screen. Submitted By: Paul Huting, Leisure Services Director 6. Motion approving recommendation of appointment of Andrew Brauner to the position of Park Maintenance II - Forestry Apprentice in the Leisure Services Department effective December 6, 2022, subject to physical examination and drug screen. Submitted By: Paul Huting, Leisure Services Director 7. Motion approving Final Quantity Summary for a net decrease of $111,599.74 for Woodruff Construction, Inc., in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase 1, Contract No. 951, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Smoke O's, 1509 Flammang Drive. PUBLIC HEARINGS 2. Request by Bruce Gerleman to rezone 3.46 acres northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new restaurant. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Bruce Gerleman to rezone 3.46 acres northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new restaurant, with conditions. 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 A -Line EDS to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District for additional storage yard area, in conjunction with a previously approved 24,000 square foot warehouse and maintenance Page 5 of 181 facility located west of 722 Dearborn Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by A -Line EDS to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District for additional storage yard area, in conjunction with a previously approved 24,000 square foot warehouse and maintenance facility located west of 722 Dearborn Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 4. Amendment No. 3 to the Rath Urban Renewal and Redevelopment Plan, to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming, and Zoning Commission. Resolution affirming previous determination of an area of the City to be an area of slum and blight and 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 amendment. Motion to receive, file, consider and pass for the first time an ordinance providing that the general property taxes levied and collected each year on all property located within the newly described Rath 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 5. South Street and West 9th Street Mini -Roundabout, Iowa DOT grant project number CS-TSF-8155(777)--85-07. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and received and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to , in the amount of $ , in conjunction with South Street and West 9th Street Mini -Roundabout, Iowa DOT grant project number CS-TSF-8155(777)--85-07. Submitted By: Mohammad Elahi, Interim Traffic Operations Director RESOLUTIONS Page 6 of 181 6. Resolution approving a three (3) year Cedar Valley Storm Water Partnership Agreement, in the amount of $2,587.00, with the Black Hawk County Conservation Board, for contracted Storm Water Education, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 7. Resolution approving a request by the City of Waterloo to dedicate a 60 foot sanitary sewer, drainage and public utility easement over the west 60 foot of Lot 1 of the Waterloo Air and Rail Park 1st Addition, located near the southeast corner of Leversee Road and Warp Drive. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving a request by the City of Waterloo to dedicate a sixty -foot sanitary sewer, drainage and public utility easement over the west sixty -feet of the Waterloo Air and Rail Park 3rd Addition, located near the northeast corner of Leversee Road and Warp Drive. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving the dedication of a sanitary sewer easement by Club Car Wash Waterloo, LLC for an existing public sanitary sewer, located at 1009 East San Marnan Drive. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving Amendments to the Professional Services Agreements with Magellan Advisors, LLC, in an amount not to exceed $630,193.73, for the Additional Mileage of Design Engineering and Permitting of a Fiber -Optic network to the Home as well as associated travel costs, and authorizing the Mayor to execute said documents. Submitted By: Bridgett Wood, Finance Manager 11. Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Leisure Services 2022-23 Golf Marketing Campaign in the amount of $12,000; the City of Waterloo SportsPlex 2022-2023 Marketing Campaign in the amount of $12,000; the North End Update in the amount of $7,000. Submitted By: Kim Bahr, Financial Analyst 12. Resolution approving an Engagement Letter with Piper Sandler & Co. for project finance services in conjunction with the Telecommunications Utility Broadband Project. Submitted By: Kelley Felchle, City Clerk 13. Resolution approving the 2023 Hazardous Materials Regional Training Center Fee Schedule. Submitted By: Pat Treloar, Fire Chief ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:35 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 7 of 181 PUBLIC INFORMATION 1. Waterloo Housing Authority Board minutes of November 7, 2022. Page 8 of 181 CITY OF WATERLOO Council Communication Minutes of November 21, 2022, Regular Session, as proposed. City Council Meeting: 12/5/2022 Prepared: Submitted by: Submitted By: Page 9 of 181 CITY OF WATERLOO Council Communication UNI student presentation on Environmental/social/health vulnerabilities in areas of Waterloo. City Council Meeting: 12/5/2022 Prepared: 11/8/2022 SUBJECT: Recommended Action: S ummary S tatement: Neighborhood Impact: UNI student presentation on Environmental/social/health vulnerabilities in areas of Waterloo. Short power point presentation Carole Yates' students in Dr. Belinda Creighton -Smith's "Race in America" class at UNI are investigating/researching environmental justice issues in Waterloo and will present a short power point presentation. It will provide information about environmental/social/health vulnerabilities in areas of Waterloo primarily affected. Ms. Yates is volunteering for this project through the Black Hawk County NAACP branch. Page 10 of 181 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to approve the purchase of one (1) used 2021 John Deere 190GW FT4 Wheeled Excavator with a Mechanical Pattern Changer and a Bucket (with teeth) and an extended warranty of 84 months/7,000 hours in the amount of $177,960.00 from Murphy Tractor & Equipment of Waterloo, Iowa. City Council Meeting: 12/5/2022 Prepared: 11/16/2022 ATTACHMENTS: Description Type ❑ JD Wheeled Excavator Backup Material SUBJECT: Submitted by: Summary Statement: Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to approve the purchase of one (1) used 2021 John Deere 190GW FT4 Wheeled Excavator with a Mechanical Pattern Changer and a Bucket (with teeth) and an extended warranty of 84 months/7,000 hours in the amount of $177,960.00 from Murphy Tractor & Equipment of Waterloo, Iowa. Submitted By: Randy Bennett, Public Works Division Manager Street Department equipment - used to clean ditches along side of roads, and to be used for street construction without damaging roads as it is equipped with rubber tires. Expenditure Required/Source of GO Bond - 422-19-1700-2117 Funds: Page 11 of 181 JOHN DEERE Customer Purchase Agreement/Commitment to Lease for pm09220780 John Deere Construction, Utility and Forestry PA Revision# Original Products and Compact Construction Equipment - US ("Purchase Agreement") PURCHASER NAME AND ADDRESS (First Signer) NAME(First, Middle, Last) CiTY OF WATERLOO STREET or RR 625 GLENWOOD ST CITY WATERLOO STATE IA ZIP CODE 50703 COUNTY Black Hawk PHONE NUMBER 319-291-4267 EMAIL ADDRESS matt.boquist@waterloo-ia.org REWARDS # 990238844 PURCHASER NAME AND ADDRESS (Second Signer) NAME(First, Middle, Last) STREET or RR CITY STATE ZIP CODE COUNTY PHONE NUMBER EMAIL ADDRESS REWARDS # Customer Name: CITY OF WATERLOO DEALER NAME AND ADDRESS DEALER NAME Murphy Tractor & Equipment Dealer Account No.:. 177943 STREET or RR 3469 W Airline Hwy CITY Waterloo STATE IA ZtP CODE 50703 Phone Number 319-235-7085 Date Of Order: Oct 20, 2022 Dealer Order No.: 17013837 TYPE OF SALE: ® CASH LEASE 111 TIME SALE PURCHASER TYPE: 5 Clty!TownNi€lage MARKET USE CODE: 49 Highways & Streets Add Purchaser to Mailing List (Check ❑ Construction ❑ CCE ❑ Utility One or More) Forestry 0 Government PURCHASER `k IS: Business 0 Individual PurchaserAcct.: 17001986 . NO.: SOCIAL SECURITY 0 IRS TAX ID NO MEIN EXTENDED WARRANTY IS: 0 Accept ■ Decline LOCATION OF FIRST WORKING USE : Use County BLACK HAWK Use State/Province IA COUNTY CODE 13 (Initials) Ultimate Uptime Package Purchase: [l Yes 0 No (Initials) CITY N E WOT D AEA R N U g E D EQUIPMENT (Model, Size, Description) Hours of Use PIN or Serial Number Delivered Cash Price 1 x 2021 JOHN DEERE 190GW FT4 Wheeled Excavators Stock # 197923 1295 1FF190GWKLF052115 $ 171,095j 00. 1 AT445360 MECHANICAL PATTERN CHANGER 1295 $ 1,450 00 1 36200X2-0200 New 2022 TAG MANUFACTURING 36200X2-0200 36" JD210G HD EXC I3KT W/ TEETH Stock # 203415 1295 $ 5,415 00 + John Deere Extended Warranty : 84 MONTH/4000 HR COMPREHENSIVE $ 0 00 - DECLINED :John Deere Preventative Maintenance : (1) TOTAL CASH PRICE $ 177,960 00 QTY TRADE-IN (Model, Size, Description ) Hours of Use PIN or Serial Number AMOUNT COMMENTS: PO # 192109- RICH STRANGE 10-20-22 (2) TOTAL TRADE-IN ALLOWANCE $0 00 (3) TOTAL TRADE-IN FAY -OFF $0 00. (4) BALANCE $ 177,960 00 (5) SUBTOTAL $ 177,960 00 (6) RENTAL APPLIED $o (7) CASH WITH ORDER $ 0- 00 00 '{8) BALANCE DUE (5.(6 & 7) $ 177,960 00 Page 1 of 2 JD-S 21-01 EFFECTIVE (14July21) U.S.A. ONLY Page 12 of 181 Purchaser (First Signer) CITY OF WATERLOO Purchaser (Second Signer} Dealer Representative Murphy Tractor & Equipment Salesperson LOCKARD,JUSTIN Quote ID: 27613523 JOHN DEERE Customer Purchase AgreementlCommitment to Lease for PA# 09220780 John Deere Construction, Utility and Forestry PA Revision# Original Products and Compact Construction Equipment - US ("Purchase Agreement") Customer Name: CITY OF WATERLOO ACKNOWLEDGMENTS: Purchaser Offers to sell, transfer, and convey the item(s) listed as "Trade In" 10 the Dealer at or prior to the time of delivery of the above product(s), as a "trade -In' to be applied against the cash price. Purchaser represents that each 'trade-in" item shalt be free and clear of all security interests. Ilene, and encumbrances al the time of transfer to the Dealer except to the extent shown below, The price to be allowed for each "trade -In" item is listed on this document. The Purchaser promises to pay or otherwise satisfy the Balance Due (line 9) shown hereon in cash, or to execute a Retail Installment Contract, Rental Purchase Option Contract, Lease Agreement or other security agreement for the Balance Due for the Equipment, plus additional charges shown thereon, on or before delivery of the Equipment ordered herein. Despite delivery of the Equipment to the Purchaser. title to the Equipment shall not pass to the Purchaser until the balance Due is paid or is otherwise satlsfied In full for Equipment purchases. For Equipment teases and rentals, title to the Equipment shall not pass to the Purchaser. The Purchaser and the Dealer agree that this Purchase Agreement is not a security agreement and that delivery of Me Equipment to the Purchaser pursuant to this Purchase Agreement will not constitute possession of the Equipment by the Purchaser, as a debtor, for the purposes of the purchase money security provisions In any statutes relating to personal property security or Its equivalent. Purchaser understands That its rights in connection with this transaction are limited as set forth In this Purchase Agreement. The Purchaser(s) and the Dealer acknowledge that while this document is defined herein as a "Purchase Agreement', it serves as both a purchase agreement for the Equipment andlor a commitment to lease the Equipment. In addition, the defined term "Purchaser" extends to and includes both a purchaser of the Equipment andlor a lessee of the Equipment. Furthermore, this Purchase Agreement Is deemed tO constitute a "Purchase Order or a "Customer Purchase Order for John Deere Construction, Utility and Forestry Products and Compact Construction Equipment" for the purposes of any other John Deere documents, including, without limitation, any dealer terms schedules. USE OF INFORMATION/PRIVACY NOTICE (U.S.): I understand that John Deere Construction & Forestry Company and its affiliates ("John Deere") and Dealer collect information, including my personal information and machine data to provide warranty, customer service, product and customer support, marketing and promotional information about Dealer, John Deere and their equipment, products and services and to support other business processes and purposes. See the John Deere Privacy Statement (baps 1.tiltw,dgereeeereter jptivacy,-end-dataip rivaoy-sialem®nisi) for additional information an the types of personal information and machine data John Deere collects, how it is collected, used and disc oared. See Dealer directly for information about its privacy policy. DISCLOSURE OF REGULATION APPLICABILITY: When operated in California, any off -road diesel vehicle may be subject to the Californla Air Resources Board In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants, More information is available on the California Air Resources Board website at htt»tiiwww tiro,govlfnsp(ogJordipse(lord)eset:htm . IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction, utility, forestry and compact construction products is set forth in a separate document the Dealer will provide to the Purchaser- Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS TRANSACTION ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE AGREEMENT. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY, CONDITIONS OR FITNESS IS MADE. TELEMATICS: Orders of telematic devices include only the hardware. Where available, telematics software, Including JIDLInkTM. connectivity service, may be enabled from your local John Deere Operations Center or JDLink website. Please see your authorized John Deere dealer for assistance. The undersigned purchaser(s) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the Dealer. The Dealer shalt not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order. Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version and understands its terms and conditions, Signature Signature Signature Signutur Date 11 fitl2? Date (Initials) Date Dale if f /oil DELIVERY ACKNOWLEDGEMENT Delivered with Operator's 111,-91.0 Purchaser Signature Page 2 of 2 JD-S 21-01 EFFECTIVE (14JuIy21) U.S.A. ONLY Page 13 of 181 eset Ft krin JOHN DEERE Application For Extended Warranty For John Deere Construction, Forestry, And CWP Products The John Deere equipment Owner identified below ("Owner") hereby applies for Extended Warranty to John Deere. (*1n the US: John Deere means John Deere Warranty Inc„ One John Deere Place, Moline, Illinois 61265-8098, except for Owners In GA or NY, John Deere means John Deere Construction & Forestry Company, One John Deere Place, Moline, Illinois 61265-8098. In Canada: John Deere means John Deere Canada ULC, 295 Hunter Road, P,O. Box 1000, Grimsby, Ontario, L3M 4H5.) John Deere's obligations under the Extended Warranty for John Deere Construction, Forestry, and CWP Products are backed by the full faith and credit of John Deere. This Application Is made in accordance with the terms set forth in this document for the John Deere product identified below. Owner desires the Extended Warranty coverage optlon(s) checked: Check One: 1. APPLICATION GROUP ❑ Commercial 0 Governmental ❑ Rental ❑ Forestry or Severe Duty* ❑ Forestry Extreme Duty** • Severe Duly appticali«u a,e. Damohlfan & Wre:Ring, Chemical Plant, Steel MN, Land F8 ppficaFars. Scrap HandEIng, end any other applications Thal are 9m4ady destructive or slmterry heavy duty (36 monl11sr6,000 hours maximum coverage) " Forestry Extreme Duly apytralions are: 640. 746, 84a model grapple shidde,s equippedvAIN regular (NOTsweda)axlee, cha€ns andlor dual tires. (36months' 8.000 boors maximum coverage) 2. COVERAGE TYPE & DURATION CHECK FULL MACHINE, ANY ONE POWERTRAIN OPTION, OR A COMBINATION OF FULL MACHINE AND ANY ONE POWERTRAIN OPTION. EXTENDED WARRANTY IS CALCULATED FROM ORIGINAL DATE OF DELIVERY.*** FOR EACH COVERAGE OPTION SELECTED, CHECK THE APPLICABLE STANDARD WARRANTY BELOW, THEN SELECT THE TOTAL MONTHS/HOURS DESIRED. Note: Months/ hours selected may not exceed maximum specified for the desianated application group. ❑Full Machine Expiration (Months Months alter Std. Warranty 32 24 ©12 months N/A 12 Above ate additional Corresponding You have selected and - First To Occur or Hours) first retail purchase"` 36 48 60 72 84 24 36 48 60 72 months. after expiration of Standard Warranty I&4 si total months ❑ Powertrain Plus Hydraulics ❑ Powertrain or Expiration ❑ Engine Only Months Std. Warranty 12 ❑ 12 months NIA El 24 months NIA Above are additional Corresponding You have selected Note: 24 months Scraper or - First To Occur (Months or Hours) after first retail purchase**' 24 36 46 60 72 84 12 24 36 48 60 72 NIA 12 24 36 N/A N/A months, atter expiration of Standard Warranty total months 7000 J hours and hours Standard Warranty Is for Tractors - Powertraln only Less duration of rental, demonstration, or other usage,.if'any, prior to first retail: purchase or lease. pwher Nettie Email Address CITY OF WATERLOO RICH,STRANGE(a WATERL00-IA.ORG Address (Street, RR) (City/Town) (Statef Providence) (ZipiPostat Code) 625 GLENWOOD ST WATERLOO IA 50703 DEALER NUMBER 177943 Murphy I Dealer Name Address Tractor & Equipment Co 3469 W Airline Fluty Waterloo IA 50703 El Product Description Model 190GW Product Description FT4 WHEELED EXCAVATOR Haurme€er Reading 1295 Product ID No. (Pin) 1FF190GWKLFO52115 Delivery Date 11/14/2022 IMPORTANT NOTE TO OWNER: Complete terms of John Deere's Extended Warranty are set forth on this document. Please read both pages carefully before signing. YOUR RIGHTS AND REMEDIES IN CONNECTION WITH EXTENDED WARRANTY ARE LIMITED AS INDICATED ON BOTH PAGES OF THIS DOCUMENT. WHERE PERMITTED BY LAW, JOHN DEERE PRODUCTS CARRY NO STATUTORY OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. John Deere's Extended Warranty is not insurance. OWNER RESPONSIBILITIES: After the product's Standard Warranty expires, the Owner will be responsible for the first $200 of repair cost for each repair event covered by Extended Warranty, except for covered repairs to the product's (1) engine or powertrain, or (2) hydraulics (if Extended Powertrain Plus Hydraulics coverage is the only coverage in effect.) Scraper tractor Extended Warranty is limited to the powertrain only with a $750 deductible for each repair event covered under the Extended Warranty. ACKNOWLEDGEMENTS: I have read and understand the terms, including limitations and exclusions, of John Deere's Extended Warranty, and understand that it is not insurance. I also understand that the coverage applied for herein is not effective unless and until (1) a properly completed application for coverage is submitted to John Deere, and (2) the coverage charge is paid. Owner Signature'. The Owner arid product l jntilied Bove meet all requi Date:11 /14/2022 et* for the coverage requested, and the coverage charge has been paid. Dealer Signature Date:11/14/2022 TRANSFER - The uiteriplte pe inn of this Extended Warranty may be transferred with John Deere's approval (See Section H an second page for mplete section below to request transfer, Purchaser Application: Dealer Number Charged Purchaser Name Address (street, RR) (City/Town) (State/Province) (Zip/Postal Code) Date Machine Sold Ttanyfrrr Hnumteter Reading late Inspection completed & approved Signature of New Buyer Date X Dealer Confirmation Date X D•E 17-12 Effective (96IFalsl2fi16) 1 riMVC.ISLVGiVr i ns.r l 0% J tryvs.v OF THIS APPLICATION FORM. Owner Initials: Date: 11/14/2022 Page 14 of 181 A. EXTENDED WARRANTY - GENERAL PROVISIONS. During the coverage period, John Deere will repair or replace, at its option, covered components that were either factory installed components or genuine John Deere replacements Installed by an authorized John Deere deafer ('Dealer). Such repair or replacement will be free of charge for parts and labor. except as otherwise staled below;. Under each coverage op€ten, the Extended Warranty period begins when the product's corresponding Standard Warranty ends, and continues (unless terminated under Section E below) until the expiration selected en the face of this document. The coverage period ends after the specified number of months or when the machine's hour meter reaches the specified hour limitation, whichever occurs first. Extended Warranty is available only through Dealers for John Deere products. and may be purchased at any time before the product's Standard warranty, or Extended Warranty expires. Extended Warranty Is not effective unless and until (1) a properly completed application for coverage is submitted to John Deere. (2) and the coverage charge is paid. Once Extended Warranty becomes effective, John Deere's obligations hereunder extend only to the applicant identified on the first page of this document, unless remaining coverage is transferred to a subsequent purchaser of this product in accordance with Section 11 below. B. FLUID ANALYSIS REQUIREMENT AND MAINTENANCE. Fluid Analysis: As a condition of coverage, the following Extended Warranty contracts require fluid analysis: - Extended Warranty Contracts on excavators with 100 horsepower end above. - All other Construction & Forestry products (including excavators under 100 horsepower) with Extended Warranty Contracts above 5000 coverage hours. Compact Excavators, Compact Track Loaders, Skid Steers, Compact Loaders.Screper Tractors and Pull -Type Scrapers are excluded from this requirement. Owner is responsible for completing hydraulic/hydrostatic ail analysts at 500 hour intervals for specific models and hours of coverage. If sample frequency is not maintained, and repairs occur, Owner will be responsible for 20% of the repair cost. An oil sample using John Deere specifications must be submitted on or before the effective dale of the Extended Warranty centred. Maintenance; The Owner, at his or her own expense, must maintain the product in accordance with the product's Operators manual and, upon request, provide adequate records verifying maintenance. L SERIES SKIDDERS, L SERIES WHEELED FELLER BURGHERS, M SERIES TRACKED FELLER BUNCHERS: Additional Fluid Analysis & Maintenance may be required. As a condition to receive a Powertrain Ultimate Uptime Extended Warranty and Preventative Maintenance contract, the following will be required: - A Dealer must perform all major services, including without limitation, scheduled maintenance in accordance with the Operator's Manual for the duration of the Extended Warranty Term. • Submit oil samples through ALS after every service interval, regardless of who performs the service (Owner or Dealer). - Use John Deere parts and fluids for every service interval, regardless of whit performs the service (Owner or Dealer). F tf_4U ..6Y_T,1 9W ..NgB_TQ ?, i,1:V. it(1 T1 S REOMII3 ;NI t'±iS-VY-} L 11.O.It riwERTRAIN ,TX_NOWWARBANTY p aBAC.E< C, WHAT IS COVERED BY EXTENDED WARRANTY: Not every product component is covered by Extended Warranty. Those components that are covered are listed below. If a particular component Is not listed below, It Is not covered by Extended Warranty. 1. Engine Only Coverage (excludes Cummins. Detroit Diesel and Hlno Engines): If you purchased Engine Only Extended Warranty the following items are covered: Engine: engine and all components within. cylinder head and gasket, ECU, electronic engine -speed -control system, engine block.. engine oil cooler and a@ercouler, flywheel housing and gasket, front and rear engine seals, front damper, hydraulic actuator, injection nozzles, injection pump and gasket, manifolds and gaskets, oil pan and gasket, pressurehemperature sensors and sending units, pressure/temperature sensors and sending unils-EGR system manifold, ring gear and flywheel, rocker arm cover and gasket, thermostats, liming gear cover. turbocharger and gaskets, water pump and gaskets. 2. Powertrain Coverage: If you purchased Powertrein Extended Warranty the engine Items above are ravened along with the following items: Engine: engine Speed controls & linkages - excavators. Transmission/Axles/Hydrostatics: axle(s) and differentials(s), dutch housing (except dry clutch disk), drrveshaft with universal joints, electronic and/or hydraulic control valves, excavator rotary manifold. Tracked Feller-Duncher rotary manlfotd, final drive, front wheel -drive sensors (not wiring harness), hydrostatic system components including: propel motor, hydrostaticlhydraulic pump and related control valves powering propel and/or swing funclton (not dig function), hydraulic-front•wheel-drive axle and wheel assembly (Including drive pump and motor, electric control, solenoid control valve, and divider valve), mechanical -front -wheel -drive differenlialfaxle assembly (with its driveshaft, universal joint and control), power take off clutch housing (scraper tractor only), pump and valve controller, reverser with control valvo, splitter drive, swing motor and brake, swing gearbox and bearings, torque converter, transfer drive, transmission, Drakes: wet park brake pinion shaft, bearing, and bearing quill (motor graders only), wet service brakes, wet steering brakes and clutches, Electrical: sensors- rotary, starter (scraper tractor only). Electric -Drive Loaders: generator, electric motor, power electronics inverter (DLit), brake resistor, motor cable assembly, generator cable assembly, brake resistor cable assembly. 3. Powertrain plus Hydraulics Coverage: If you purchased Powertrain plus Hydraulics Extended Warranty. the engine and power train items above are covered along with the following hydraulic items: TransmissionfAxteselydroetaiits: accumulator and related relief valves (Transmission), hydraulic differential lock valve & associated parts. Hydraulics: control & load holding valves, cylinder packing kits. hydraulic cylinders, hydraulic on cooler, hydraulic pumps & motors & related control valves, hydraulic reservoir, locking pin cylinder, pilot controls. Brakes: brake accumulator (Articulated Dump Truck Only). Steering: crossover relief valve, priority valve. steering pump, steering valves and cylinders. 4. Full Machine Coverage: If you purchased Full Machine Extended Warranty the engine, powedrain, and powedrain plus hydraulic items above are covered along with the following non-powedrain tlems: (Please note: there is a $200 deductible on all hydraulic and non- pawertrein repairs when Full Coverage is purchased). Engine: engine mounts and support, engine oil lines, engine speed controls 8 linkages, filter mount, fuel lines, fuel tank and associated parts, fuel transfer pump & gasket, oil filler tube, pulleys, radiator and hoses, water piping, Transmission/Axles/Hydrostatics: control rods, differential lock valve & associated pads, external oil lines, filler tubes (transmission), filler screens, oil cooler. shift - control linkage, sending units and sensors, Brakes: brake accumulator (Non ADT), brake pump, brake valve, pressure reducing valve, unloading valve. Electrical: alternator, gauges, indicators, Instruments, sensors, starter, starter drive, starter solenoid, switches, voltage regulator, wiper motors, wiring harnesses. Factory Installed Air Conditioning: accumulator, clutch, compressor, condenser, dryer, evaporator, expansion valve, heater hose, pulley. seals & gaskets, temperature control programmer. Other: bucket linkages, circle drive gearbox, dump body (ADT only), fan & fan drive, motor grader circle, scarifier & ripper linkages, factory installed winch (skidders only). Steering: axles, secondary steering system components. spindles & supports, steering linkage, tie rod & lie rod ends. Structures: arm, articulation Joint (Intl, pins & bushings), bin frame, boom, car body, C-frame, circle frame, dippersttck, draft frame, engine frame, equipment frame, forklift mast & frame. grapple arch and grapple boom, loader arm, loader frame, mainframe, moldboard lift arm, rollover protection structure (ROPS), side frame, swing frame, track frame, X-frame, Z-bar, Pneumatic Components (ADT only): airline horses & lines & fittings. air components of brake systems, four way protection valve, unloading valve. D. ITEMS NOT COVERED. John Deere is not responsible for the following: 1. Parts/Kits not ordered on machine and installed alterrearket are not covered by the machine's Standard Warranty or Extended Warranty. These parts will be covered by any applicable pads warranty, 2. Attachments installed aftermarkel are excluded from any Extended Warranty purchased for the machine - le, Winch not installed at factory. 3. Factory installed forestry attachments such as felling heads, saw heads, hervesters, clambers and all Waratah attachments do not qualify far Extended Warranty. 4. Batteries, hoses, radios, tires, Cummins or Detroit Diesel engines. .5. Premiums charged for overtime labor requested by the Owner. 6. Costs for lransportleg the product to and from the place where service is performed. or service calls made by the repairing Dealer. 7. Depreciation and normal weer. 8. Damage caused by any of the following: a) Misuse ar abuse of the machine; b) the application the machine is working in; o) lack of properlregeired maintenance; d) failure to follow operating Instructions; e) lack of protection during storage; f) vandalism; g) the elements; or h) collision or other accidents, 9. Normal maintenance end replacement of maintenance and wear items such as: filters, oils, coolants and conditioners, blades end cutting edge parts, pins and bushings (except in articulation joints), hoses, fines and fittings, undercarriage, belts, dry brakes and dry clutch linings, bulbs, rubber tracks, and skidder grapple shocks. 10. Damage caused to a covered component by a non -covered component that is used on or installed in the product. 11. For warranty repairs made in the field, any charges (such as Dealer travel time, mileage, or extra labor) that would not have been incurred had the product been repaired at the Dealer's place of business, E. TERMINATION OF EXTENDED WARRANTY. John Deere is relieved of Its obligations under Extended Warranty if: 1. Service (other than normal maintenance and replacement of service hems) Is performed by someone ather than a Dealer; ar 2. The product is altered or modified in ways not approved by John Deere; or 3. The product's hour meter has been rendered inoperative or otherwise tampered with: or 4. The product is rernoved from the United Slates or Canada; or 5. Use is made of the product within an application group other then the group designated in the application for Extended Warranty for the product. F. LIMITATIONS OF JOHN DEERE'S LIABLITY. The repair or replacement of covered components that are defective, as provided in Section A above, shall be the Owners exclusive remedy for any detect in the product. However. €f after repealed attempts such repair or replacement fails to correct the performance problem caused by Inc defect, the Owner's sole remedy shall be a refund of the amount paid for the product (in exchange for a return of the product), excluding any transportation charges, license fees, taxes, and insurance premiums, and less a reasonable allowance for use of the product prior lo its return. John Deere's liability for any repair event shall not exceed the actual cash value of the product if repaired, and Jahn Deere's cumulative liability over the coverage period shall not exceed the amount paid by the Owner for the product, excluding any transportation charges, license tees, taxes, and insurance premiums. In no event will John Deere be liable for any incidental or consequential damages (including without limitation. loss of profits, rental of substitute equipment, or other commerclat foss) that may be sustained due 10 a defect in the product or the breach or performance of John Deere's obligation under Extended Warranty. Corrections of defects in the manner provided herein shall constitute fulriumenl of all liabilities of John Deere to the Owner or any other person, whether based upon contract, tort, strict liability, or otherwise. This limitation does not apply to claims for persona! injury. G. OBTAINING EXTENDED WARRANTY SERVICE. To obtain service covered by Extended Warranty, the Owner must request Extended Warranty service from a Dealer authorized to sell the product to be serviced. When making such a request, the Owner must presanl his or her Application for Extended Warranty and John Deere's written confirmation of coverage (transferees under Section H below must present John Deere's written confirmation of coverage transfer), make the product available at the Dealer's place of business, and inform the Dealer in what way the product is believed to be defective, Extended Warranty repairs can be made in the field If the purchaser and servicing Deuter so desire. However, John Deere wilt not be responsible for any charges (such es Dealer travel lime, mileage, or extra labor plus any applicable taxes) that would not have been incurred had the product bean repaired at the Dealer's place of business. H. TRANSFER OF UNUSED COVERAGE UPON RESALE. Remaining Extended Warranty applicable la a used John Deere product is transferred to a subsequent purchaser of the product if: 1. The subsequent purchase is made before the product's Extended Warranty expires: and 2. The product is determined by John Deere to be in satisfactory condition following an inspection performed by a Dealer, In accordance with John Deere's instructions, al the subsequent purchaser's expense; and 3. John Deere's written confirmation of the transfer is received by the subsequent purchaser; and 4. Either (a) the use made of the product by the subsequent purchaser falls within the same application group dee#gnated an the product's original Application for Extended Warranty, or (b) the subsequent purchaser pays the amount specified by John Deere for conversion of the remaining coverage to a different application group. I. NO STATUTORY OR IMPLIED WARRANTY. Where permitted by law, JOHN DEERE PRODUCTS CARRY NO STATUTORY OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. J. DEALER CANNOT VARY TERMS OF COVERAGE. All terms of John Deere's Extended Warranty are set forth on this document. Dealers have no authority to make any representation or promise on behalf of John Deere, or to modify the fermis or limitations of Extended Warranty in any way. JC1-E 17-12 Effective (061Febl2018) Page 15 of 181 CITY OF WATERLOO Council Communication Resolution authorizing an exemption to the City of Waterloo's Purchasing Policy to approve the purchase of one (1) used 2021 Ford Ranger Supercab, in the amount of $34,000.00, from Lynch Ford - Mt. Vernon, Inc., of Mount Vernon, Iowa. City Council Meeting: 12/5/2022 Prepared: 11/22/2022 ATTACHMENTS: Description Type ❑ purchase agreement Backup Material SUBJECT: Resolution authorizing an exemption to the City of Waterloo's Purchasing Policy to approve the purchase of one (1) used 2021 Ford Ranger Supercab, in the amount of $34,000.00, from Lynch Ford - Mt. Vernon, Inc., of Mount Vernon, Iowa. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution Summary Statement: The Ranger will be replacing a truck being taken out of service for the Engineering Department. Expenditure Required/Source of GO Bond Funding Funds: 322-07-7830-2117 Page 16 of 181 • 097633 MOTOR VEHICLE PURCHASE AGREEMENT No. 11/21/2022 IL ,si'. 2 DATE customer Na. CITY OF" WATERLOO BUYER LYNCH FORD4.A1 t"VERNO�NNC. . A-BUYER LYNCH CHEV.R®�.@T, INC.6.r •+IULBE R 5T —•- - 410 Business 30 SW ADDRrssLINE2 Mount Vernon, IA 52314 WATERLOO STATE IFS zIP 50703 cry - (319) 895-8500 ' EMAIL ADDRESS 319-291-432+3CELL , ., . . WORK ' .: RES. PRONE _ ITH COLTON cou m' BLACK HAWK • SALESPERSON KE - BUYER'S REGISTRATION MONTH, • DEMO ❑CAR E RUCK ❑ VAN ❑ OTHER MILEAGE 2592 DESCRIPTION OF PURCHASED VEHICLE: DNEW kUSED -..D 21 FORD • RANGER -9UPERCABi •• '-BODYTYPE . PICKUP . , STOCK NO, 16595 .: YEAR MAKE . MODEL • WHITE V.LN. 11 7 R• M. � { Di mil 4 21 6 TRIM•••• COLOR• •TOBEDELIVERED ONORABOUT 11/21/2022 [ILL .4 PRICE OF VEHICL1 $ 340Oet: 94 ° TRADE-4N ALLOWANCE AND OTHER CREDITS:._ .. ACCESSORIES: - - . - - .. YEAR MAKE . MODEL BODY TYPE ..1 V.LN. [ ..j , i I „1..1 1 I -. BALANCE OWED TO . - - - - BODYPE YEAR MAKE MODEL U V.I. . I 1 I 1 -i . i f i J i 1 1 BALANCE OWED'ro - - - .- TRADE-IN GROSS ALLOWANCE $ • NA , LESS AMOUNT OWING • $ IAA NETTRADE 1N ALLOWANCE OR REMAINING TRADEIN DEBT . $ NA CASH DOWN PAYMENT OR CREDIT BALANCE $ FAA MANUFACTURER'SREBATE (IFANY} < $ NA TOTAL DOWN PAYMENT or AMOUNT OWED ' $ . - NA DOCUMENTARY FEE $ NA BUYER'S TRADE-IN CERTIFICATION If you are trading in a vehicle, you certify the following: $ „ 4000, NI CASH PRICE .. $ 4 ra @qi Gib 1. That there is no salvage, repair or other history on the vehicle title that r2N. would affect the value of the vehicle. If there is salvage, repair or other $ NA LESS DOCUMENTARY FEE 4, That '• E- hist tv on the title. voy anree that the dealer may cancel this sale. . .$ i A LESS TRADE-iN ALLOWANCE . 4 r ,� ' to the best of your knowledge, the vehicle was never on or required to • $ pit j LESS MANUFACTURER'S REBATE be on a salvage, rebuilt flood or branded title in this or any other state. $ �N. 2. That the air bags are intact and in working order. . $ 4 R r AMOUNrSUBdESTTO FEErDRNEW REGISTRAT€ON r 5. 3. That while you have owned the trade-in, its odometer has not been FEE FOR NEWREGISTRATION $ NA repaired, replaced, tampered with or altered'in any way. That the 'end mLEFEE . $ r_a odometer staternent, damage disclosure statement prior vehicle provided for trade-in is true and correct. LICENSE FEa - - $ NSA . history which you us your control (inolud, ing the catalytic LIEN FILING FEE [credit sale only sea ti} on.page 2i $ NA • 4. That the original emission .system converter) is intact. That the .engine and transmission have not been ELECTRONIC REGISTRATION S& TITLING FEE - $ - NA - - changed from the manufacturer's original specifications. That the trade-in does not have a cracked or defective head, block, powertrain .or frame. WARRANTy-DISCL.AI ER . `AS YOU UNDERSTAND THAT - THE vair LE , IS SOLD IS" FAULTS ANDTHAT THERE ARE NO IMPLIED WITHALL WARRANTIES OF MERCHANTABILITY,. FITNESS FOR A PARTICULAR PURPOSE, or any other warranties, express or we make a written warranty implied, covering the vehicle unless to you or unless we enter Into a service contract with you within 90 days from the date of this contract. If we do so, any Implied long the limited written warranty, warranty will last only as as be This Provision does not affect any warranties which may provided by the manufacturer. If there is a manufacturer's warranty on the vehicle, we are not a party :to it and it is not a TOTAL CASH DELIVERED PRICE $ ;40017f flp[ part of this contract. If we are authorized by .the manufacturer to perform warranty work on your vehicle, we hope that you ask LESSTOTALDOWN PAYMENT orPLUSAMOUNTOWED $ NA us to periorni the work. However, the'manufacturer's warranty is UNPAID CASH BALANCE,DUE ON DELIVERY • $ 34Dtixel, Ofil between you and the manufacturer. INFORMATION OR TERMS OF SALE: OTHER , v Documentary Fee- A documentary fee_ is not an official fee. A a gaff and reg. tees are esu€naies ana i agree w pay ar�y uE�,�I a ��.. documentary" tee. is not requlretl by [aw, Dut may. ne cnargea ro a D er for the preparation of documents and the performance of related services.The` maximum amount -that may. be charged :for. a - documentary ,feo is determined by Iowa Code' Section 322.19A; This notice is required by law. Manufacturer retail incentives used in this transaction are intended for the use of retail and fleet customers es identified In this purchase agreement. -It is agreed that the customer represents that they are the end user and that the vehicle will be registered with their state motor vehicle department at the address, listed on this purchase agree- - ment and that they are not purchasing this vehicle with the intent to resell andfor export this vehicle. If there are any misrepresentations made on behalf of the customer. .�_ _.._.___. ,., . . Page 17 of 181 CITY OF WATERLOO Council Communication Resolution approving the request of Kasim Mustedanagic, for tax exemptions on the construction of a new twin home unit valued at $160,000.00, for property located at 101 Aidin Way, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 12/5/2022 Prepared: 11/9/2022 ATTACHMENTS: Description ❑ CLURA 101 Aidin Way Form ❑ CLURA 101 Aidin Way Map ❑ Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Data/Analysis and Strategies: Expenditure Required/Source Funds: Legal Descriptions: Type Backup Material Backup Material Backup Material Resolution approving the request of Kasim Mustedanagic, for tax exemptions on the construction of a new twin home unit valued at $160,000.00, for property located at 101 Aidin Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. of None Parcel N of Plat of Survey Doc. #2023-5631, being part of Lot 2, Mustedan First Addition, A Replat of a Portion of Kenn Dahl First Addition, City of Waterloo, Black Hawk County, Iowa. Page 18 of 181 For Office Use Only Date Received: 0 Received by: f Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF TI-IE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the lst working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: 1'i -J %% /(c�STC.D N'`}GfaIGNATURE: "et-f-7 ADDRESS: fife° 4-f %,,,ti \/`4 j EMAIL: Ace, 0AISY/91lC=17OfeI ( :j..lei" rc+l L .. Ce-M' TELEPHONE: "3 (q —L-IO / 7 5.'2_ 6 DATE: (p 1© ') CJ 2 -> A. What is the Address of the property being improved? JO j 4t Q 1 N \Al 4 y What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) 'T C D',sit) 1 4 9 I c I o w 1--- rg. 2, B. What was the nature of the improvement(s)? (must be single family hoines or duplex/twin homes to qualify) ev€1u' eoN'1TP-fiC rt N I'Wfa' 14drrF C. City of Waterloo Building and Inspections Department Information: Permit Number: " 1'3Or Date permit was issued: 0 2- I y —2-o2Q Total permit(s) valuation: D. What was the cost of the new construction? eo , o©e `— E. Estimated or actual date of completion of this new construction? 0 f ' Z ' -O 2- 2_ Note: City Council approval does not guarantee tax exemptions. The application most be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. (CC) CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Page 19 of 181 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys. recorded deeds. etc. located at the Black Hawk County Assessor's Office for complete and accurate information. idiLiff44 6,1 . 101 Aidin Way Parcel N of Plat of Survey Doc. #2023-5631, being part of Lot 2, Mustedan First Addition, A Replat of a Portion of Kenn Dahl First Addition, City of Waterloo, Black Hawk County, Iowa. Page 21 of 181 CITY OF WATERLOO Council Communication Resolution approving the request of Kasim Mustedanagic, for tax exemptions on the construction of a new twin home unit valued at $160,000.00, for property located at 103 Aidin Way, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 12/5/2022 Prepared: 11/9/2022 ATTACHMENTS: Description ❑ CLURA 103 Aidin Way Form ❑ CLURA 103 Aidin Way Map ❑ Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Data/Analysis and Strategies: Expenditure Required/Source Funds: Legal Descriptions: Type Backup Material Backup Material Backup Material Resolution approving the request of Kasim Mustedanagic, for tax exemptions on the construction of a new twin home unit valued at $160,000.00, for property located at 103 Aidin Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. of None Parcel "0" of Plat of Survey Doc. #2023-5631, being part of Lot 2, Mustedan First Addition, A Replat of a Portion of Kenn Dahl First Addition, City of Waterloo, Black Hawk County, Iowa. Page 22 of 181 For Office Use Only Date Received: lb Received by: (j Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 151 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. li NAME: k.GS1 1Y1 SIUS"-e.tkaNccril'G SIGNATURE: S/.� P• ADDRESS: 11i.G isi Ct iv A`; J EMAIL: (AC O..... C0n5 tir;on \e:,i . C 0 r\f\ DATE: t o 1 t o 2 2- TELEPHONE: 319 --LI 0+-i - ��� Ztv A. What is the Address of the property being improved? 1 Pe1 d + N k `e What is the Legal Description of the property? 1(May be available at County Recorder's Office on 2"d floor of the Courthouse) L< S T` A ek v\ 1 ors A1C? 1 L O 11- Z B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) t C.0..rk - V C-lk-; o v\ 1 W;' C. City of Waterloo Building and Inspections Department Information: c') Permit Number: '22— 93 0Z Date permit was issued: 2--1 y - 22... Total permit(s) valuation: J .1 dO D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? 9 "2 4_1 Z L. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK I-IAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: f.T. Koenigsfeld Black Hawk County Assessor Page 23 of 181 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys. recorded deeds. etc. located at the Black Hawk County Assessor's Office for complete and accurate information. idiLiff44 6,1 . 103 Aidin Way Parcel "0" of Plat of Survey Doc. #2023-5631, being part of Lot 2, Mustedan First Addition, A Replat of a Portion of Kenn Dahl First Addition, City of Waterloo, Black Hawk County, Iowa. Page 25 of 181 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net increase of $148,341.48 for Peterson Contractors, Inc., in conjunction with the FY 2018 University Avenue - Phase I, from Greenhill Road to Evergreen Avenue, Contract No. 933, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type u Cont 933_Final Qty Summary Backup Material SUBJECT: S ubmitted by: S ummary S tatement: Motion approving Final Quantity Summary for a net increase of $148,341.48 for Peterson Contractors, Inc., in conjunction with the FY 2018 University Avenue - Phase I, from Greenhill Road to Evergreen Avenue, Contract No. 933, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net increase to the total project cost. Page 26 of 181 J539 ACCEP CHANGE ORDER NO. 8 Owner City of Waterloo Date: 3/11/2020 Project University Avenue Reconstruction - Phase 1 Owner's Contract No. 933 Contractor: Peterson Contractors, Inc. Date of Contact Start 3/12/2018 Contract Amount: $ 8,709,078.89 You are directed to make the following changes in the Contract Documents. Description: Adjust original construction quantities to actual construction quantities. Compensation already made to contractor through original bid items. See attached summary. Reason for Change Order As -built quantities varied for some bid items. CONTRACT PRICE CONTRACT TIME To Substantial To Final Completion Completion Original: $ 8,709,078.89 Original Completion Date: 11/16/20181 5/31/2019 Previous C.O.s (ADD/DEDUCT) $ 95,520.80 This C.O. (ADD/DEDUCT) $ 118,341.48 Revised Completion Date: 5/31/20201 5/31/2020 Contract Price with all approved Change Orders: $ 8,952,941.17 It is agreed by the Contractor that this Change Order Includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THI5 DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Own Sig�n^ature�) � Date 11/2/2022 Contractor (Authorized Signature) Date ACCEPTECe / / BY: AECOM er 11/2/2022 Date AECOM 60569973 f 8 Project No. C.O. 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N.nuNNUNtANNN NNYiv....t� ... &', O. 0 0 Page 31 of 181 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $8,952,941.17, in conjunction with the FY 2018 University Avenue - Phase I, from Greenhill Road to Evergreen Avenue, Contract No. 933, and receive and file a two-year maintenance bond. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ Cont 933_Maintenance Bond Backup Material SUBJECT: Submitted by: S ummary S tatement: Implementation, Accountability, and Communication: Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $8,952,941.17, in conjunction with the FY 2018 University Avenue - Phase I, from Greenhill Road to Evergreen Avenue, Contract No. 933, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer Peterson Contractors, Inc. has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. Page 32 of 181 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 106869697 That, Peterson Contractors, Inc. of Relnbeck, Iowa as Principal, and the Travelers Casualty and Surety Company of America are held and firmly bound unto City of Waterloo, Iowa penes stint of Eight Million Nine Hundred Fifty-two Thousand Nine Hundred as Surety, in the ($ $8,952,941.17 ) Forty-one And 17/100 Dollars, lawfol money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal entered into a certain contract. with City of Waterloo, Iowa To furnish all the material and labor necessary far the construction of FY 2018 University Avenue Reconstruction - Phase 1, Contract No. 933; Waterloo, IA in Waterloo, Iowa In conformity with certain specifications; and Whereas, a further Condition of said contract iS that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) years from the date of acceptance of the work under said coronet; and Whercay, the said Travelers Casualty and Surety Company of for valuable consideration has agreed to. join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, r cmedy any and all defects that may develop in said work within the period of Two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used 'Mahe construction of said work, and shall keep all work In continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of Said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this day of November , 2022 3rd rsttf on C fitractors, In rr ,spar ry TraveleAesuai wner (L and Surety Company of America orney-rn- ac Page 33 of 181 TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St, Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anne Crowner of WAUKEE Iowa , their true and lawful Attorneys) -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut By: City of Hartford ss. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. d1h P tior'yh Ai IN WITNESS WHEREOF, I hereunto set my hand and official seal. ro * b My Commission expires the 30th day of June, 2028 ue� "„w Anna P. Nowik, Notary Public This Power of Attomey Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as hls or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vioe President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is in writing and a copy thereof is filed in the office of the Secretary; and It Is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and It is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bands and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force end effect. Dated this 3rd day of November ,2022 Kevin E. Hughes, Assi§tent Secretary To verify the authenticity of this Power of Attorney, please call us att-800-421-3880, Please refer to the above -named Attorney(s)-1n-Fact and the details of the bond to which this Power of Attorney is attached Page 34 of 181 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Woodruff Construction, Inc., of Fort Dodge, Iowa, in the amount of $3,475,700.26, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase 1, Contract 951, and receive and file a two-year maintenance bond. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ Cont 951_Maintenance Bond Backup Material SUBJECT: Submitted by: S ummary S tatement: Implementation, Accountability, and Communication: Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Woodruff Construction, Inc., of Fort Dodge, Iowa, in the amount of $3,475,700.26, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase 1, Contract 951, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer Woodruff Construction, Inc. has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. Page 35 of 181 MAINTENANCE BBoNo KNOW ALL MEN BY THESE PRESENTS: Bond No. 190042030 That, Woodruff Construction, Inc. of Fort Dodge, Iowa as Principal, and the Liberty Mutual Insurance Company are held and firmly bound unto City of Waterloo, Iowa As Surety, in the penal sum of Three Million Four Hundred Seventy-five Thousand Seven Hundred$ $3,475,700.26 } And 26/100 PoIlars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents, Whereas, the said Principal entered into a certain contract. with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of FY 2021 Sanitary Sewer Gatewell Repairs, Phase 1, City of Waterloo, IA; Contract No. 951 in Waterloo, lowa In conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) Years years from the date of acceptance of the work under said contract; and Whereas, the said Liberty Mutual Insurance Company for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if ibe said Principal shall, at his own cost and expense, remedy' anv and all defects that may develop in said work within the period of Two (2) Years years t'rUr the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shalt keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance artd repair of said work, then this obligation to be null and void; otherwise to be and remain in MI force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this day of November , 2022 10th Woodruff Construction, Inc. Principal BY: /� ' +t"C�� Grant Reimers, Central Region president L'i'berly Mutual Insurance Company Stacy Venn Sure Attorney-m-t-ac Page 36 of 181 Liberty Mutual.® SURETY This Power of Attorney limits the acts of those narherein, and their have no authority to bind the Corrpary except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company y is a corporation drily orgarrzed Lroder the laths of the State of New Hamp lire, that Liberty Mimi Irstrance Company is a corporation duly orgarrzed under the lairs of the State of Massachusetts, and West American Insurance Conpary is a corporation duly organized under the laws title State of Irtdara (herein collectively called the 'Companies), pursuant to and by authority herein set forth, does hereby name, constitute and appoint A nne Cromer, Brian M. Deimherly, Cindy Bennett Craig E. Hansen, Dione R. Y Dung, J ay D. Freiermutht Seth D. Rooker, Stacie Christensen, Stacy Venn, Tim McCulloh Certificate No: 8205943-190056 all of the city of Waukee state of IA each individually if there be more than one Tarred its true and lawful attorney -in -fact to make, execute, seal, acknaAledge and deliver, for and on its behalf as suety andas its act and deed, any and all undertakings, borxis, recogrizances andothersurety obligations, in pursuance of these presents and shall be as bindirg upon the Comparies as if they have been duly signed by the president and attested by the secretary of the Corrparies in their awn proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an at.thaized officer or official of the Companies and the corporate seals of the Compares have been affixed theretoths 13th day of July , 2021 . B y: State of PE Ns15YLVANIA County of NNEl7NfGORY ss Otitis 13th day of j my , 2021 before rye personally appeared David M Carey, intro aclffhaniedged Nrrself to be the Assistant Secretary of Liberty Nauruan Issuance Corrpary, The Ohio Casualty Corrparth, and West American 1rlsuance Ccnpanty, and that he, as such beirg authorized so to dot execute the foregdrg instrument for the purposes therein contained lay sigrrng on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed ny name and affixed ny notarial seal at King of Prussia, Pennsylvania, on the day and year first alaare written Liberty Mutual hrsurance Corrpary The Ohio Casualty Insurance Cormpary West American I su ance Carry Commonwealth of Permsyfranra - Notary Seal Teresa Pastetia,IVoiary Public Montgomery County My commission expires March 28, 2025 Comoussion number 1126044 Member, Pemsy1vania wssocca6on or Notaries By: David M Carey, Assistant Secretary era Patella, NMtaryPWic This Power of Attorney is nude and executed pursuant to and br authority of the fdloofrg By -laves and Aurthorizatias of The Olio Casualty Insurance Company, Liberty Mutual Insurance Conpary, and West American insurance Company which resolutions are nawr in full fare and effect reacirg as follows: ARTICLE IV ' OFFICERS: Section 12. PonerofAttorney. Ary officer or other official of the Corporation authorized for that purpose in wiling by the Chainan or the President and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, ackniAledge and deliver as suety ary and all urtdertalargs, bands, recogrizancces and other strety obligations. Such attorneys -inn -fact subject to the limitations set forth in their respective powers of attorney, shall have full poser to kind the Corporation by their signature and execution of any such instruments ents and to attach thereto the seal of the Corporation When so executed such irtstrurents shall be as lining as if signed by the President and attested to by the Secretary. Ary pvAer a- authority granted to any representative or attorney -in -fact under the provisions of tlis article maybe revoked at ary titre by the Board, the Chairman, itte President or by the officer or officers grartirg such porter orauutihaity. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bards and Undertakings. Ary officer of the Company authorized for that purpose inwritirg by the chairmen or the president and subject to such lir I nations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Cortpary to make, execute, seal, acknowledge and deliver as suety any and ail undertaldrgs, bonds, recogrrzances and other surety ohigatiors. Such attorneys -in -fact subject to the limitations set forth in their respective posers of attorney, shall have full politer to bird the Conpary by their signature and execution of ary such irstiurerts and to attach thereto the seal of the Conpary. When so executed such instnrrerts shall be as birtcirg as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Conpary, actirg pursuant to the Bylaws of the Conpary, authorizes David M Carey Assistant Secretary to appoint such attorneys -in - fact as rrey be necessary to act on behalf of the Company to make, execute, seal, acknaniedge and deliver as surety ary and all tndertaldrgs, bands, recogrizances and other surety obligations. Authorization - By unarirrois consent of the Conparys Board of Directors, the Company consents that facsimile a mechanically reproduced signature of ary assistant secretary of the Conparty, tnhereverappearirg upon a certified copy of any power of attorney issued by the Conpary in comnectionwth surety bons, shall be valid and brdrg rpm the Company with the sarre force and effect as though martially affixed (, Renee C. Llewellyn, the undersigned Assistant Secretary, The Olio Casualty Insurance Corrpary, Liberty Mt ial Irsuance Corrpary, and West American insurance Company do hereby certify that the original power of attorney of which the fa-egdrg is a full true and correct copy of the Power 0f Attorney executed by said Companies, is in full face and effect and has net been revoked IN TESTWONY VVHEREOF, I have hereunto set rry hard and affixedthe seals of saicl Companies Ns 1 Oth day of November r2022 . By: Renee C. Llewellyn Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co02121 Page 37 of 181 CITY OF WATERLOO Council Communication Resolution approving request of Jonathan Brundrett, for a waiver for a concrete driveway, located at 175 W. 16th Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ DW Waiver 175 W 16th St Backup Material SUBJECT: Resolution approving request of Jonathan Brundrett, for a waiver for a concrete driveway, located at 175 W. 16th Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: Legal Descriptions: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. The East 60 feet of Lot 1 in Hollywood Addition, Waterloo, Black Hawk County, Iowa Page 38 of 181 WAIVER fo 1�J NOTE: Sidewalk placement along Date: November 1 ! , 2022 W 16th Street side of parcel. Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a Concrete driveway or sidewalk located at (concrete or asphalt) 175 W 16th Street, Waterloo, IA (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: Placement of sidewalk per approved plans on an unimproved street. 1 agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. (Please make payment to: City of Waterloo.) Respectfully submitted, .�rtl►v1 Printed Name of Property Owner cot&L 3 Lrrc 00r, an Br ikncire-+t Signature of Property Owner Page 39 of 181 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., re -setting date of bid opening as December 15, 2022 and date of public hearing as December 19, 2022 in conjunction with the W. 9th Street and South Street Mini -Roundabout Project, Iowa DOT grant project number CS-TSF-8155(777)--85-07, and instruct the City Clerk to publish notice. City Council Meeting: 12/5/2022 Prepared: 11/30/2022 SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., re -setting date of bid opening as December 15, 2022 and date of public hearing as December 19, 2022 in conjunction with the W. 9' Street and South Street Mini -Roundabout Project, Iowa DOT grant project number CS-TSF-8155(777)--85-07, and instruct the City Clerk to publish notice. Submitted by: Submitted By: Mohammad Elahi, Interim Traffic Operations Director Recommended Action: Approve Resolution Expenditure Required/Source of $495,000 ($377,000 Safety Grant Funds, $118,000 GO Bond) Funds: Page 40 of 181 CITY OF WATERLOO Council Communication Motion approving Change Order No.1 from Municipal Pipe Tool Co., LLC of Hudson, Iowa for a net increase of $9,586.00 for Non SRF work in conjunction with the FY 2023 CIP Pipelining Phase IVA3, Contract No. 1063, and authorizing the Mayor to execute said document. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ Change Order No 1 Backup Material SUBJECT: Motion approving Change Order No.1 from Municipal Pipe Tool Co., LLC of Hudson, Iowa for a net increase of $9,586.00 for Non SRF work in conjunction with the FY 2023 CIP Pipelining Phase IVA3, Contract No. 1063, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Brian Bowman, Treatment Operations Director Recommended Action: approve Change Order No. 1 Expenditure Required/Source of Sewer funds Non SRF $9,586.00 Funds: Page 41 of 181 AECOM November 23, 2022 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa, 50702 Subject: FY 2023 CIP Pipelining Phase IVA3 Change Order No. 1 City of Waterloo, Iowa City Contract No. 1063 AECOM #60682318 Dear Mr. Gaherty: Attached is Change Order No. 1 for the FY 2023 CIP Pipelining Phase IVA3. AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax This change order is to add NON-SRF work, as requested by City Staff, to install 46 LF of 15-inch CIPP in Service Area 99. Service Area 99 is not included in the Phase III SRF IUP and, therefore, cannot be included in any SRF reimbursement. This work will be presented for payment separately from the SRF portion of this project. This segment is on the verge of collapse. It is a major discharge point for Service Area 12 that connects to the interceptor which travels to the wastewater treatment plant. AECOM has reviewed the work described in this change order. We recommend that the City of Waterloo approve Change Order No. 1 in the amount of $9,586.00 (Non-SRF). The final contract amount of $1,010,539.90 (SRF) and $9,586.00 (Non-SRF) brings the total contract to $1,020,125.90. Yours sincerely, Christopher G. Oelkers, PE Enclosure: Change Order No. 1 Tabulation and Signature Form Project Change Order Tabulation Municipal Pipe Tool Co. LLC Change Order No. 1 Estimate L:\DCS\Projects\WTR\60682318_CIPP_Ph_IVA3\600_Construction_Support\660_Change_Orders\CO NO. 1\Wat CIPP PH IVA - Change Order No 1 LTR.docx Page 42 of 181 CHANGE ORDER NO. 1 Owner City of Waterloo Project FY 2023 CIP PIPELINING PHASE IVA3 Date: November 23, 2022 Owner's Contract No. 1063 Contractor: Municipal Pipe Tool Co. LLC SRF NON-SRF Date of Contact Start 6-J u 1-21 Contract Amount: $ 1,010,539.90 $ You are directed to make the following changes in the Contract Documents. Description: 1 46-LF 15" CIPP - SERVICE AREA 99 $ 9,586.00 TOTAL $ 9,586.00 ADDITION Reason for Change Order QUANTITY RECONCILIATION - See the attached AECOM Change Order No. 1 Tabulation CONTRACT PRICE SRF NON- SRF Original: $ 1,010,539.90 $ 1,010,539.90 $ - Previous C.O.s (ADD/DEDUCT) This C.O. (ADD/DEDUCT) $ - $ 9,586.00 $ - $ $ 9,586.00 Contract Price with all approved $ 1,020,125.90 $ 1,010,539.90 $ 9,586.00 Total Change Orders: $ 9,586.00 0.95% Total CO % TOTAL $ 1,020,125.90 Original Completion Date: Revised Completion Date: CONTRACT TIME To Substantial To Final Completion Completion 6/23/2023 6/23/2023 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) Date ACCEPTED: BY: 1t(ciOln V.)aA C-{AA.Ash November 23, 2022 Contractor (Authorized Signature) Date ACCEPTED: BY: November 23, 2022 AECOM Date AECOM 60682318 I 1 Project No. C.O. No. Page 43 of 181 Project Change Order No. 1 FY 2023 CIP PIPELINING PHASE IVA3 City of Waterloo City Contract No. 1063 AECOM Project No: 60664721 Wednesday, November 23, 2022 AECOM ORIGINAL CONTRACT DATES REVISED CONTRACT DATES SUBSTANTIAL COMPLETION I NONE SUBSTANTIAL COMPLETION I I No Change FINAL COMPLETTION I 06/30/23 FINAL COMPLETTION I I 06/23/22 NO. DESCRIPTION UNIT Bid Change Order No. 1 QUANTITY UNIT PRICE AMOUNT QUANTITY UNIT PRICE AMOUNT SRF WORK 1 BASE BID - SA 19 8" Diameter CIP Pipe Lining LF 16,072.0 $ 24.50 $ 393,764.00 16,072.00 $ 24.50 $ 393,764.00 2 10" Diameter CIP Pipe Lining LF 3,518.0 $ 29.50 $ 103,781.00 3,518.00 $ 29.50 $ 103,781.00 3 12" Diameter CIP Pipe Lining LF 1,735.0 $ 44.00 $ 76,340.00 1,735.00 $ 44.00 $ 76,340.00 4 Lateral Reinstatement EA 317.0 $ 65.00 $ 20,605.00 317.00 $ 65.00 $ 20,605.00 5 3-FT Lateral Grouting EA 317.0 $ 450.00 $ 142,650.00 317.00 $ 450.00 $ 142,650.00 6 Pipe Televising-8" LF 32,144.0 $ 1.00 $ 32,144.00 32,144.00 $ 1.00 $ 32,144.00 7 Pipe Televising - 10" LF 7,036.0 $ 1.00 $ 7,036.00 7,036.00 $ 1.00 $ 7,036.00 8 Pipe Televising - 12" LF 3,470.0 $ 1.00 $ 3,470.00 3,470.00 $ 1.00 $ 3,470.00 9 Type A Pipe Cleaning - 8" LF 16,072.0 $ 2.80 $ 45,001.60 16,072.00 $ 2.80 $ 45,001.60 10 Type A Pipe Cleaning - 10" LF 3,518.0 $ 2.80 $ 9,850.40 3,518.00 $ 2.80 $ 9,850.40 11 Type A Pipe Cleaning - 12" LF 1,735.0 $ 2.80 $ 4,858.00 1,735.00 $ 2.80 $ 4,858.00 12 Type C Root Removal - 8"-10" LF 9,795.0 $ 1.25 $ 12,243.75 9,795.00 $ 1.25 $ 12,243.75 13 Type C Root Removal-12"-15" LF 867.0 $ 1.25 $ 1,083.75 867.00 $ 1.25 $ 1,083.75 14 Type D Lumberjack-8"-10" LF 9,795.0 $ 1.25 $ 12,243.75 9,795.00 $ 1.25 $ 12,243.75 15 Type D Lumberjack - 12"-15" LF 867.0 $ 1.25 $ 1,083.75 867.00 $ 1.25 $ 1,083.75 16 101 Protruding Taps Removal Alternate No. 1 - SA 19 8" Diameter CIF Pipe Lining EA LF 45.0 752.0 $ 250.00 $ 24.50 $ 11,250.00 $ 18,424.00 45.00 752.00 $ 250.00 $ 24.50 $ 11,250.00 $ 18,424.00 102 10" Diameter CIP Pipe Lining LF 1,566.0 $ 29.50 $ 46,197.00 1,566.00 $ 29.50 $ 46,197.00 103 Lateral Reinstatement EA 16.0 $ 65.00 $ 1,040.00 16.00 $ 65.00 $ 1,040.00 104 3-FT Lateral Grouting EA 16.0 $ 450.00 $ 7,200.00 16.00 $ 450.00 $ 7,200.00 105 Pipe Televising-8" LF 1,504.00 $ 1.00 $ 1,504.00 1,504.00 $ 1.00 $ 1,504.00 106 Pipe Televising - 10" LF 3,132.00 $ 1.00 $ 3,132.00 3,132.00 $ 1.00 $ 3,132.00 107 Type A Pipe Cleaning - 8" LF 752.00 $ 2.80 $ 2,105.60 752.00 $ 2.80 $ 2,105.60 108 Type A Pipe Cleaning - 10" LF 1,566.00 $ 2.80 $ 4,384.80 1,566.00 $ 2.80 $ 4,384.80 109 Type C Root Removal-8"-10" LF 1,159.00 $ 1.25 $ 1,448.75 1,159.00 $ 1.25 $ 1,448.75 110 Type Lumberjack-8"-10" LF 1,159.00 $ 1.25 $ 1,448.75 1,159.00 $ 1.25 $ 1,448.75 111 Protruding Taps Removal EA 5.00 $ 250.00 $ 1,250.00 5.00 $ 250.00 $ 1,250.00 Alternate No. 1 - SA 19 201 36" PATCHING OR GROUTING LS 1.0 $ 45,000.00 $ 45,000.00 1.00 $ 45,000.00 $ 45,000.00 NON=SRF WORK NON-SRF SA 99 301 15' Diameter CIP Pipe Lining LF 1.00 $ 9,586.00 $ 9,586.00 III SRF WORK $ 1,010,539.90 ORIGINAL SRF CONTRACT $ 1,010,539.90 NON-SRF WORK $ - SRF CO NO. 1 $ - PROJECT TOTAL $ 1,010,539.90 REVISED SRF CONTRACT $ 1,010,539.90 1 ORIGINAL NON-SRF CONTRACT $ - NON-SRF CO NO. 1 I $ 9,586.00 REVISED NON-SRF CONTRACT $ 9,586.00 ORIGINAL TOTAL CONTRACT $ 1,010,539.90 TOTAL CO NO. 1 $ 9,586.00 REVISED TOTAL CONTRACT $ 1,020,125.90 e 1ESe'e "% 1/23/22 Municipal Pipe Tool Co., LLC Date 11/23/22 Christopher G. Oelkers, AECOM, Project Engineer Date 11/23/22 I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that l am a duly licensed Professional Engineer under the laws of the state of Iowa. My license renewal dale is December 31, 2023. 11/23/22 CHRISTOPHER G. OELKERS, PE License No. 22053 Dale Pages or sheets covered by this seal: ALL PAGES City Contract No. 1063 Date P:\60562377\600_Construction_Support\670_Change-Orders\CO NO. 1 Page 44 of 181 CONTRACT CHANGE ORDER Owner: CITY OF WATERLOO Change Order No.: 1 Project: FY 2023 CIP PIPELINING PHASE IVA3 Location: WATERLOO, IOWA Date: November 22, 2022 City Project No.: CONTRACT#1063 Contractor: Municipal Pipe Tool Co. LLC PO Box 398 Hudson, IA 50643 You are hereby requested to comply with the following changes from the contract plans and specifications: Justification: Add on MH 01-22 to MH 11-01-13 — 46-LF of 15" CIPP which includes labor and equipment including bypass with 4x4" pumps. Item No. Qty Description Unit 1 1 CIPP 46' OF 15" LS Unit Price 9,586.00 Ext Price 9,586.00 Change Order $ 9,586.00 The Contract Period provided for completion increase by days: 7 This document will become a supplement to the contract and all provisions will apply hereto. Requested: Contractor: Municipal Pipe Tool Co. LLC Sfaroo, Waschlut Title: Accepted: Owner: Project Manager Date: November 22, 2022 CITY OF WATERLOO Title: Date: Page 45 of 181 CITY OF WATERLOO Council Communication Motion approving recommendation of appointment of Tanner Kroeze to the position of Park Maintenance II - Forestry Apprentice in the Leisure Services Department effective December 6, 2022, subject to physica examination and drug screen City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ P MIIF orestryApprentice Pers. Requisition Backup Material ❑ Signed PR form Backup Material SUBJECT: Motion approving recommendation of appointment of Tanner Kroeze to the position of Park Maintenance II - Forestry Apprentice in the Leisure Services Department effective December 6, 2022, subject to physical examination and drug screen. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend approval of appointment. Summary Statement: There are 2 Park Maintenance II, Forestry vacancies due resignations dated 3/11/19 and 10/2/19. The Civil Services Commission certified the Civil Service List on November 18, 2022. Annual Salary: $50,461 salary increases to $60,861 upon completion of Expenditure Required/Source of apprenticeship training. Funds: Benefits: $20,170 Page 46 of 181 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Park Maintenance II -Forestry Apprentice Department: Leisure Services Reports To: City Forester Employment Status: Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: Work Location: 1101 Campbell Ave. Regular Full Time n Temporary Full Time from to ['Regular Part Time n Temporary Part Time from to ['Regular 7-Month ❑ Intern/Co-op Student from to ® Yes ® Yes ❑ No ❑ No ❑ Yes ® No Recommended Recruitment Sources: ❑ Internal Posting Only ® Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy: ® New Position or ® Replacement Position for: J Lamprecht & C Cook, Park Maintenance II -Forestry (specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 3/11/19 & 10/2/19 Date of final payout: 3/29/19 & 10/25/19 Anticipated start date: ASAP No. of hours/week: 40 Work schedule: Mon-Fri(7am-3:30pm) Justification of need for position: This position is a critical employee and is required to maintain the 25,000 trees in Waterloo's 52 parks, 3 golf courses, and along street rights -of -way. This position is crucial in maintaining a safe urban forest. Forestry Apprentice program was developed as the result of not being able to find qualified arborists to fill forestry vacancies over the last 3 years. What are the likely consequences if the position is not filled? There will be longer response time to public tree trimming and removal requests. And there will be an increase in hazardous situations. Trees that are not maintained in a timely manner either fail or drop large limbs causing property damage or personal injury and increasing the number of insurance claims against the City of Waterloo. APPROVALS Annual salary requirements: $50,461 to $60,861 Hourly Rate: $24.26 to $29.26 Benefits: $34,091 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Submitting Depart nt He Date Mayor Date Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 47 of 181 PERSONNEL REQUISITION Park Maintenance II — Forestry Apprentice The following questions are provided as guidelines to assist you in developing your rational for the position of Park Maintenance II - Forestry Apprentice in the Leisure Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Maintaining the 25,000 trees along the city streets, in the 52 parks, and in the 3 golf courses. The removal of hazardous trees and limbs is performed safely & efficiently by this position on a daily basis. This is an On -Call position responsible for responding to storm damage and other dangerous tree issues after hours. Training to become a Park Maintenance II — Forestry employee is another key responsibility. Many certifications, licenses, and industry credentials will need to be obtained in a 3 year time frame. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No; This position requires various certifications that only the forestry crew maintains and other employees in the department are already overloaded with required duties. (3) How is the work of this position being accomplished now? Since the position is vacant the forestry crew is falling more and more behind in completing work orders at this time. (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)? Filling this position maximizes the work that can be done on the City's urban tree resources with the equipment that we have. This position is classified as a critical employee of the City of Waterloo and must be On -Call to respond to after hour's storm damage calls and maintain 25,000 trees on public property. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Cost savings would be in the future insurance premiums. The more dead limbs, hazardous limbs, split limbs, & decayed limbs that are trimmed off the city owned trees and the more dead, decayed, and hazardous city owned trees that are removed, the less chance of personal injury or property damage by the failing of these limbs or trees. (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? OT or Comp time is normally only used for emergency situations during non -work hours. No more OT or Comp time would be paid out with this position added unless there was more than the normal number of emergency situations. The forestry work load gets bigger as a result of not having this position. This causes all requests to be delayed longer and longer. Page 48 of 181 (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. Over the last 3 years the workload has increased with the staffing level reduced. Three vacancies created in the last 3 years have left only 3 forestry crew members in the field. Forestry services requests are prioritized, but many are nearly 1 year behind in completing. Last year alone over 1000 trees were planted along Waterloo right of ways. These trees require maintenance. Our systematic tree pruning program was put on hold for 5 years while the crews worked on the removal of ash trees. This has created an increased demand for those forestry services due to various tree issues. (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. The City of Waterloo's Leisure Services dept. and the mayor's office will have increased complaints of tree trimming and tree removal work not getting done. The costs will be insurance premium increases, as stop signs are not cleared of obstructing limbs in time, causing accidents; low limbs do not get trimmed in a timely manner, causing vehicular damage; dead or hazardous limbs or hazardous trees are not taken care of in a timely manner and fall causing property damage, personal injury, or death. There will also be a longer delay for storm damaged trees and debris to be removed from roadways or from the tops of cars or houses. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The backlog of work orders increases. (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? No. We have been outsourcing some of the duties of this position due to the current size of the crew and work load present — stump removals. It is cheaper to have the stumps removed in house by crew (including this position) especially when all other duties are considered. Leisure Services also needs a versatile crew to take care of many departmental responsibilities — maintaining 25,000 trees in 52 parks, 3 golf courses & street right of ways, maintaining vegetation clearance at stop signs and signals, root pruning for sidewalk program, removal of snow from park sidewalks and parking lots, trimming of vegetation along recreational trails, providing the ability to climb trees with a rope and saddle if equipment can't get to site, responding to Corps of Engineers tree removal requests to keep levees certified, installing flood walls when needed, etc...This position is part of a that versatile crew and critical to Leisure Services. There would not be any monetary savings to outsourcing when all duties are considered! Page 49 of 181 (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position ranks very high. The Iowa Code Section 364.12, paragraph c, requires municipalities to remove diseased trees or deadwood on publicly owned property or right-of-way. Therefore, it is the City of Waterloo's duty to make sure that we have a healthy urban forest resource that provides a safe place for Waterloo's citizens and visitors to travel on its streets or visit its parks or golf courses. This is a public safety position. Every year you read about several people who had a tree or large limb fall on them and kill them. We do not want that to happen in Waterloo! (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Goal 4 in Waterloo's Strategic Plan is to Enhance the image of Waterloo to residents and businesses inside and outside the community. Strategy 4.5 states -Maintain and develop community services and city facilities that support quality of place. Leisure services offers the community service of tree maintenance to support the quality of place in Waterloo. Without this position and its services provided, Waterloo would have more hazardous tree situations in its parks, golf courses, and along its city owned right-of- ways. These situations could lead to property damage, personal injury, or even death. And then those could lead to large insurance claims or lawsuits. This is a public safety position that directly correlates with the quality of life in Waterloo and a healthy & safe urban forest resource. Page 50 of 181 Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the Park Maintenance II Forestry Apprentice 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, October 7, 2022 CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION PARK MAINTENANCE II - FORESTRY APPRENTICE DEPARTMENT WAGE FLSA CIVIL SERVICE BARGAINING UNIT LEISURE SERVICES $24.261hour with five (5) $1 increases during 3 years of training NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Park Maintenance II Forestry Apprentice participates in a prescribed curriculum becoming a highly skilled urban forestry professional, learning a variety of skilled forestry tasks such as planting, maintaining, and removing trees along streets, in parks and on other public property. Upon obtaining all credentials, certificates, & licenses at city's expense within designated time periods, and getting signed off in all competencies, the Apprentice will be granted the Park Maintenance II -Forestry title. The work is performed under the general direction of the City Forester, but often works independently and with minimum supervision. Will supervise seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification and apprentice will be trained to perform. 1. Operates hydraulic aerial lift, log loader and other equipment used in planting, trimming, pruning and removing trees and stumps. 2. Removes dead, broken, misshapen and undesired branches using saws and other tools. 3. Perform tree rigging on the ground and aloft. 4. Participate in removal of downed trees & limbs and in the abatement of hazardous conditions caused by wind, snow, and ice storms. 5. Prunes to improve visibility at street intersections and traffic sign locations. 6. Climbs trees using rope and saddle to prune and remove trees at heights of 60 feet and higher in accordance with ANSI A300 pruning standards and ANSI Z133 Safety Standards. 7. Sharpens tools and cares for ropes and safety equipment. 8. Participates in department preventive maintenance program for vehicles and equipment. 9. Participates in application of pesticides and other chemicals in the care of trees. 10. Operates large vehicles such as aerial lifts, dump trucks, chip trucks, and log loaders. 11. Assists park maintenance crews with mowing and snow removal as needed. Page 51 of 181 12. Responds to questions from the public concerning tree care. 13. Directs the work activities of part time and seasonal workers as assigned. 14. Workload varies and may be repetitive. 15. Works independently and with others with minimum supervision. 16. Works outside in all weather conditions; works around moving mechanical equipment and electrical wires; work environment is dirty; low visibility during unfavorable weather; operates equipment and tools that cause vibration; occasionally exposed to chemicals; noise level is frequently loud; atmosphere may contain dust and fumes from traffic. 17. Attends work regularly at the designated place and time. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City, and Leisure Services safety rules and regulations. 19. Attends training and successfully completes the prescribed course material. 20. Performs all other duties as assigned. ABILITY TO LEARN HOW TO DO THE FOLLOWING 1. Basic knowledge of tree trimming, treatment and removal methods and techniques. 2. Climb trees using rope & saddle. 3. Perform an aerial rescue. 4. Knowledge of occupational hazards and safety procedures of forestry work. 5. Knowledge and skill in use and care of ropes, knots and the tools and equipment commonly used in tree care and removal operations. 6. Ability to operate a truck with hydraulic boom and grapple loader. 7. Ability to work from aerial lift, sometimes during windy or other unfavorable weather. 8. Basic knowledge of rigging methods and use & maintenance of tools and equipment of the trade. 9. Plant and maintain trees and shrubs. 10. Ability to supervise seasonal employees. 11. Ability to operate and drive machines such as grapple, aerial lift, chip truck, & dump truck, and operate tree spade, stump grinder, chipper, chainsaw, loppers, shovel, & trimming shears. 12. Perform field maintenance on some power equipment. 13. Accurately record work records in TreeKeeper8 software on Ipads. 14. Ability to respond to questions and comments from members of the public tactfully and politely, in a clear, concise and easily understandable manner. 15. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 16. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE I. High school graduate/GED. 2. Valid driver's license and good driving record based on City of Waterloo driver performance criteria. Iowa Class A Commercial driver's license required within 12 months at the employee's expense. A candidate with any of the following will not be considered for employment: Loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of Page 52 of 181 employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five year period; four or more citations for moving violations within the previous three year period excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. TRAINING TIMELINE OBJECTIVES Apprentice must obtain all credentials, certificates, & licenses within designated time periods of each of the 5 levels. Failure to obtain the listed objectives at each level within the given timeline will result in termination. Level 1 - Within First 6 months of hire. 1. Earn the Tree Care Industry Association (TCIA) Introduction to Arboriculture Safety Certificate. 2. Obtain and maintain an Iowa Pesticide Applicator's License. 3. Earn the TCIA Electrical Hazard Awareness Program Certification. Level 2 - Within First 12 Months 1. Obtain Iowa Class A Commercial Driver's License with air brake endorsement. 2. Earn the TCIA Ground Operations 1: Fundamentals credential. 3. Earn the TCIA Ground Operations 2: Chipper Specialist credential. 4. Earn the TCIA Ground Operations 3: Chainsaw Specialist credential. 5. ACRT Basic Arborist Certificate or equivalent program approved by City Forester. Level 3 - Within 18 Months 1. Earn the TCIA Ground Operations 4: Tree Rigging and Removal. 2. Eam the TCIA Aerial Lift Operations 1: Fundamentals credential. 3. Earn the TCIA Tree Climber Specialist credential (soon to be changed to Tree Climber 1: Fundamentals). Level 4 - Within 24 Months 1. Earn the TCIA SRT Climber credential (Soon to be changed to Tree Climber 2: Aerial Work Specialist). 2. Earn the TCIA Tree Care Specialist credential. 3. Complete the TCIA Aerial Rescue Training Program (Soon to be changed to Tree Climber 3: Climbing Aerial Rescue). 4. ACRT Advanced Arborist Certificate or equivalent program approved by City Forester. Level 5 - Within 36 Months 1. Obtain and maintain ACRT Line Clearance Tree Trimmer Certification which includes passing tree climbing test. ON-THE-JOB LEARNING Apprentice is required to participate in On-the-job learning and related instruction in technical subjects related to the occupation. Tracking progression of experience on-the-job shall be done by competency - based performance evaluation system at 6 month intervals. Apprentice must become `proficient in tasks' in all areas of the competency -based measure of skill acquisition within 36 months of start date. Failure to do so within the timeframe will result in termination. FORESTRY APPRENTICE CONTRACT Apprentice shall enter into binding agreement with City of Waterloo in which the apprentice acknowledges that all credentials, licenses, certifications, and training programs must be completed within the time frame in each of the 5 levels in the Training Timeline as well as getting signed off in all competencies in the on-the-job learning to become fully trained and recognized as a Park Maintenance II — Forestry employee. Page 53 of 181 ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without reasonable accommodation. 1. Sufficient strength to perform assigned tasks (lifting branches and logs up to 300 pounds with weight distributed among crew members). 2. Sufficient strength to climb trees and perform work at heights up to 60 feet or more using only a climbing rope and saddle. Must be able to pull own body weight up tree on a rope. 3. Sufficient speech and hearing that permits the employee to communicate effectively with other workers in person or over a radio, and to safely operate equipment, often along busy streets. 4. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient color vision to identify dead or diseased foliage; sufficient dexterity to safely operate powered and manual forestry tools and equipment; sufficient hearing to understand verbal instructions, respond to questions from the public, diagnose equipment malfunctions and hear approaching traffic. 5. Sufficient personal mobility that permits the employee to safely operate a variety of motorized and manual park and forestry equipment in all types of weather. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, hearing protection, hardhat, gloves, safety vest, protective clothing and respirator. 2. Must submit to Department of Transportation requirements including pre -employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 3. Must participate in On -Call rotation with other forestry personnel to standby to report to work in the event of an emergency during normal time off from May 1 to October 31. 4. Must comply with City of Waterloo Residency Policy for Critical Employees (must live within thirty -mile radius of Waterloo City Hall). Will be given a reasonable period to satisfy this requirement as determined by the department head. 5. Following a conditional offer of employment, the City of Waterloo requires a physical examination including a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 6. The City of Waterloo will conduct a background investigation including education and employment history checks on any applicant being considered for this position. After a conditional offer of employment the City of Waterloo will conduct a criminal history check. 7. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Will generally work Monday -Friday 7:00 a.m.-3:30 p.m. with a half-hour unpaid lunch. May be required to report during emergency situations or work overtime during/after damaging storm events. May be required to assist Public Works Department with snow removal. PHYSICAL EXAMINATION All qualified candidates who apply by the deadline will be required to perform a physical examination. This is a pass/fail examination that tests the candidate's agility, endurance, and strength. ORAL EXAMINATION All qualified candidates who pass the physical examination will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular Page 54 of 181 employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL & PHYSICAL EXAMINATION DATES All qualified candidates who apply by the deadline date will be notified of the time, place and date of the physical examinations. Those that pass the physical examination will be notified of the time, place, and date of the oral examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. PARK NIAINTENANCE II FORESTRY APPRENTICE DESCRIPTION August 23, 2022 Page 55 of 181 Park Maintenance 11— Forestry Apprentice Contract The Park Maintenance II — Forestry Apprentice program is building the foundation of forestry knowledge by giving apprentices five levels of training based on the Department of Labor's registered apprentice program. The City of Waterloo has designed their own program to provide apprentices the education and training at the City's expense fulfilling all of those same learning competencies. The contract below explains the duties and responsibilities of both parties as well as expected milestones in the learning principles of the program. This Contract dated serves as a binding agreement between the City of Waterloo and , Park Maintenance II - Forestry Apprentice. Purpose of Contract: Park Maintenance II - Forestry Apprentice acknowledges that all credentials, licenses, certifications, and training programs must be completed within the time frame in each of the 5 levels in the Training Timeline shown below as well as getting signed off in all competencies in the on-the-job learning section of this contract to become fully trained and recognized as a Park Maintenance II — Forestry employee. This apprenticeship program is not a formal program registered with the Department of Labor. Instead it is an informal apprenticeship program that uses most of the same requirements as the formal program, but it is more customized to fit the City of Waterloo's needs. The City of Waterloo is confident that an apprentice in this program will obtain the required skills of the arboriculture trade if the effort is put forth. Duties and Responsibilities of the City of Waterloo 1. Ensure adequate and safe equipment and facilities for training 2. Ensure there are qualified training personnel and adequate supervision on the job Duties and Responsibilities of the Apprentice 1. Perform diligently and faithfully the work of the occupation and other pertinent duties assigned by the City of Waterloo. 2. Respect the property of the City of Waterloo and abide by the working rules and regulations of the City. 3. Attend, complete, and pass the required training and On -The -Job Learning 4. Develop and practice safe working habits and work in such a manner as to assure personal safety and that of other fellow workers. If the 5 Levels in the Training Timeline are not accomplished within the time frame given or the competencies in the On -the -Job learning are not all signed off as Proficient in Task within 36 months of start date, Forestry Apprentice understands and accepts that termination will result. Pay raises have been negotiated with the Construction and Public Employees LiUNA Local 177 Union. These raises are directly associated with completing each of the 5 levels in the training timeline. Apprentice starts at $5 less than PMII-Forestry. One dollar ($1) pay raise will be granted each time a Park Maintenance II — Forestry Apprentice satisfies all requirements in one of the 5 training levels within the required time frame. Upon completion of Level #5 and the completion of the On -The -Job Learning the apprentice's title will change to Park Maintenance II —Forestry and receive the last one dollar pay raise. Future union negotiated pay raises will be incorporated into the base pay scale. 11Page Page 56 of 181 TRAINING TIMELINE Apprentice must obtain all credentials, certificates, & licenses within designated time periods of each level shown below. Failure to obtain the listed objectives within any of the Levels will result in termination. Level #1 to be completed within the first 6 months of hire 1. Earn the Tree Care Industry Association (TCIA) Introduction to Arboriculture Safety Certificate. 2. Obtain and maintain an Iowa Pesticide Applicator's License (Category 30T and/or Category 6) 3. Earn the TCIA Electrical Hazard Awareness Program Certification Level #2 to be completed within the first 12 months of hire 1. Obtain Iowa Class A Commercial Driver's License with air brake endorsement. 2. Earn the TCIA Ground Operations 1: Fundamentals credential 3. Earn the TCIA Ground Operations 2: Chipper Specialist credential 4. Earn the TCIA Ground Operations 3: Chainsaw Specialist credential 5. Obtain ACRT Basic Arborist Training Program Certificate or equivalent program approved by City Forester Level #3 to be completed within the first 18 months of hire 1. Earn the TCIA Ground Operations 4: Tree Rigging and Removal 2. Earn the TCIA Aerial Lift Operations 1: Fundamentals credential 3. Earn the TCIA Tree Climber Specialist credential (Soon to be changed to Tree Climber 1: Fundamentals) Level #4 to be completed within the first 24 months of hire 1. Earn the TCIA SRT Climber credential (Soon to be changed to Tree Climber 2: Aerial Work Specialist) 2. Earn the TCIA Tree Care Specialist credential 3. Complete the TCIA Aerial Rescue Training Program (Soon to be changed to Tree Climber 3: Climbing Aerial Rescue) 4. Obtain ACRT Advanced Arborist Training Program Certificate or equivalent program approved by City Forester Level #5 to be completed within the first 36 months of hire* 1. Obtain and maintain ACRT Line Clearance Tree Trimmer Certification which includes passing tree climbing test. *upon completion of level #5 and completion of On -The -Job Learning, PM II — Forestry Apprentice title changes to Park Maintenance II — Forestry and the final $1 increase will be granted. TCIA is currently making some changes in their credential programs. It is likely that over the next 2 years that there will be some title changes and minor course changes. Some training programs may be challenging to register in due to available training opportunities. The City Forester will determine if an extension of time is warranted for such circumstances. 21Page Page 57 of 181 ON-THE-JOB LEARNING Apprentice is required to participate in On -the -Job Learning and related instruction in technical subjects related to the occupation. Tracking progression of experience on-the-job shall be done by competency -based performance evaluation system at 6 month intervals. The evaluation form is shown below. Ratings are: No Ability — Apprentice has no ability to perform task. Demonstrates fundamentals —Apprentice can perform the task with some coaching Proficient in Task — Apprentice performs task independently, properly, and consistently. Apprentices need to be "proficient in task" in each category within 36 months of start date. Apprentice Name: Start Date: 1)Adhere to ANSI Z133 standards and employer safety standards for all work Competencies No Ability Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Inspect, maintain and use the appropriate personal protective equipment B. Inspect, maintain and use the appropriate tool, equipment, or vehicle C. Assess trees for defects and hazards D. Establish and maintain safe work sites and zones E. Demonstrate safe practices and appropriate use of personal fall protection equipment for work aloft 31Page Page 58 of 181 2)Perform Plant Health Care Diagnostics Competencies No Ability Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Identify deciduous trees and shrubs B. Identify evergreen trees and shrubs C. Perform tree inspection to determine viability and strength of tree D. Identify damaging insects of trees and shrubs E. Identify diseases of trees and shrubs F. Identify abiotic stresses of trees and shrubs 4WPage Page 59 of 181 3)Perform rigging on the ground and aloft Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Determine the removal plan B. Estimate the maximum load weight based on equipment available C. Install and use a rigging system to lower the load directly to the ground D. Install and use a rigging system to move the load laterally 4)Access trees by climbing with a rope and saddle Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Perform a pre -work inspection of all equipment/tools B. Perform a pre -work inspection of the tree and site C. Install work positioning lines from the ground D. Ascend tree canopy F. Position to work aloft F. Maneuver through canopy G. Descend the tree H. Retrieve the rope(s) and equipment 5IPage Page 60 of 181 5)Operate a chainsaw on the ground and aloft Competencies No Ability Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Safely start and control the chain saw B. Perform brush cutting C. Perform felling D. Perform limbing and bucking E. Cut wood under tension and compression F. Perform removal cuts G. Perform pruning cuts H. Safely secure and transport the chain saw I. Perform field maintenance 6)Operate a chipper Competencies No Ability Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Prepare brush and wood material B. Position the chipper C. Chip brush and wood material following safety protocol D. Perform required maintenance Wage Page 61 of 181 7)Prune trees and shrubs from the ground and aloft, according to current ANSI A300 standards Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Determine the pruning objective(s) B. Perform proper pruning cuts using the appropriate hand tools and pole tools C. Perform proper branch reduction cuts D. Perfoinn crown cleaning E. Perfaifn crown raising F. Perfoiiii structural pruning G. Perfoiin pruning of young tree training 8)Remove trees and shrubs Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Remove limbs B. Remove trunk sections C. Fell trunks or entire tree 7IPage Page 62 of 181 9)Operate aerial Iift truck Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Operate Aerial Iift unit according to operator manual B. Perform required maintenance 10)Operate Iog loader Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Operate Iog loader unit according to operator manual B. Perform required maintenance 11)Operate stump grinder Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Operate stump grinder according to operator manual B. Perform required maintenance C. Change pockets & grinder teeth 8]Page Page 63 of 181 I, , Park Maintenance If — Forestry Apprentice, agree with the terms of this contract and understand that I will be terminated if 1) I do not complete the 5 levels of training in the given timelines and 2) l do not become 'proficient in tasks' in all areas of the competency -based measure of skill acquisition within 36 months of start date. John or Jane Doe, Park Maintenance II — Forestry Apprentice Lance Dunn, HR Director Todd Derifield, Park Superintendent/City Forester 9IPage Page 64 of 181 PERSONNEL REQUISITION FORM Check as applicable: I To start recruiting or civil service process and/or El To fill a vacancy n Active Civil ,Service List E,xpires: A proposed job description and questionnaire must accompany this foram at time of submission to Hlllllfin Resources. ***********Sr******r':******dr****************e*3t*r4r**e****************k***************************4**** Position Title: Park Maintenance 11-Forestry Apprentice Department: Leisure Services Reports To: City Forester i iloyment Status: Type of Position: Civil Service Position; Bargaining Position: Bargaining Group: 177 Non -bargaining Position: ® Regular Full Time ❑ Regular Part Time ❑ Regular 7-Month El Yes ® Yes ❑ Yes Work Location: 1101 Campbell Ave. Temporary Full Time from to Temporary Part Time from to Intern/Co-op Student from to Recommended Recruitment Sources: ❑ No ❑ Internal Posting Only ❑ No M Internal Posting and External Advertising ® No 51,*:***********************:*************************************************************:*****44** Complete the following if the requisition is to fill a vacancy: ® New Position or ® Replacement Position for: J Lainprecht & C Cook, Park Maintenance II -Forestry (Specify name and title of former incumbent) if replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 3/11119 & 10/2/19 Date of final payout: 3/29/19 & 10/25/19 Anticipated start date: ASAP No. of hours/week: 40 Work schedule: Mon-Fri(7arn.3:30ptn) Justification of need for position: This position is a critical employee and is required to maintain the 25,000 trees in Waterloo's 52 parks, 3 golf courses, and along street rights -of -Way. This position is crucial in maintaining a safe urban forest. Forestry Apprentice program was developed as the result of not being able to find qualified arborists to fill forestry vacancies over the last 3 years. What are the likely consequences if the position is not filled? There will be longer response time to public tree trimming and removal requests, And there will be an increase in hazardous situations. Trees that are not maintained in a timely manner either fail or drop large limbs causing property damage or personal injury and increasing the number of insurance claims against the City of Waterloo. APPROVALS Annual salary requirements: $50,461 to $60,861 Hourly Rate: $24.26 to $29.26 Benefits: $34,091 (Payroll (aces, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Submitting Depurtn 7 Date Mayor Chief Financial Officer Dale 9/e/='°- tiulnnr► )resources Dvector Date Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 65 of 181 Missy Gearhart From: Ray Feuss Sent: Thursday, September 8, 2022 10:06 AM To: Missy Gearhart Subject: Re: Personnel Requisition items Missy i give my approval for the staffing discussed today. Ray From: Missy Gearhart Sent: Tuesday, September 6, 2022 10:36:16 AM To: Ray Feuss; QUENTIN HART Subject: Personnel Requisition items Good morning personnel req committee members, Here is the agenda for the meeting Thursday and the items as submitted by the managers. The Librarian request is a position to hire as usual. The fire It is to hire a replacement off an active list. The fire fighter is to hire for the person who is getting promoted to It, we are in the process of certifying a fist to hire from. The airport position was brought to this committee, civil service, and then posted and Keith wanted to totally revamp the job description. We have continued to advertise the position with the approved job description but he would like to get the revised edition approved and update it. The forestry requisition is for the apprentice program in leisure services. Thank you, Missy Missy Gearhart Missy Gearhart, MOL, SPH R, SHRM-CP Assistant Human Resources Director City of Waterloo P 319-291-4303 ext 3375 F 319-291-4569 1 Page 66 of 181 CITY OF WATERLOO Council Communication Motion approving recommendation of appointment of Andrew Brauner to the position of Park Maintenance II - Forestry Apprentice in the Leisure Services Department effective December 6, 2022, subject to physical examination and drug screen. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ P MIIForestryApprenticeP ers. Requisition Backup Material ❑ Signed PR form Backup Material SUBJECT: Motion approving recommendation of appointment of Andrew Brauner to the position of Park Maintenance II - Forestry Apprentice in the Leisure Services Department effective December 6, 2022, subject to physical examination and drug screen. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend approval of appointment. Summary Statement: There are 2 Park Maintenance II positions due to resignations dated 3/11/19 and 10/2/19. The Civil Service Commission certified the Civil Service List on November 18, 2022. Annual Salary : $50,461 salary increases to $60,861 upon completion of Expenditure Required/Source of apprenticeship training. Funds: Benefits: $34,091 Page 67 of 181 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Park Maintenance II -Forestry Apprentice Department: Leisure Services Reports To: City Forester Employment Status: Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: Work Location: 1101 Campbell Ave. Regular Full Time n Temporary Full Time from to ['Regular Part Time n Temporary Part Time from to ['Regular 7-Month ❑ Intern/Co-op Student from to ® Yes ® Yes ❑ No ❑ No ❑ Yes ® No Recommended Recruitment Sources: ❑ Internal Posting Only ® Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy: ® New Position or ® Replacement Position for: J Lamprecht & C Cook, Park Maintenance II -Forestry (specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 3/11/19 & 10/2/19 Date of final payout: 3/29/19 & 10/25/19 Anticipated start date: ASAP No. of hours/week: 40 Work schedule: Mon-Fri(7am-3:30pm) Justification of need for position: This position is a critical employee and is required to maintain the 25,000 trees in Waterloo's 52 parks, 3 golf courses, and along street rights -of -way. This position is crucial in maintaining a safe urban forest. Forestry Apprentice program was developed as the result of not being able to find qualified arborists to fill forestry vacancies over the last 3 years. What are the likely consequences if the position is not filled? There will be longer response time to public tree trimming and removal requests. And there will be an increase in hazardous situations. Trees that are not maintained in a timely manner either fail or drop large limbs causing property damage or personal injury and increasing the number of insurance claims against the City of Waterloo. APPROVALS Annual salary requirements: $50,461 to $60,861 Hourly Rate: $24.26 to $29.26 Benefits: $34,091 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Submitting Depart nt He Date Mayor Date Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 68 of 181 PERSONNEL REQUISITION Park Maintenance II — Forestry Apprentice The following questions are provided as guidelines to assist you in developing your rational for the position of Park Maintenance II - Forestry Apprentice in the Leisure Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Maintaining the 25,000 trees along the city streets, in the 52 parks, and in the 3 golf courses. The removal of hazardous trees and limbs is performed safely & efficiently by this position on a daily basis. This is an On -Call position responsible for responding to storm damage and other dangerous tree issues after hours. Training to become a Park Maintenance II — Forestry employee is another key responsibility. Many certifications, licenses, and industry credentials will need to be obtained in a 3 year time frame. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No; This position requires various certifications that only the forestry crew maintains and other employees in the department are already overloaded with required duties. (3) How is the work of this position being accomplished now? Since the position is vacant the forestry crew is falling more and more behind in completing work orders at this time. (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)? Filling this position maximizes the work that can be done on the City's urban tree resources with the equipment that we have. This position is classified as a critical employee of the City of Waterloo and must be On -Call to respond to after hour's storm damage calls and maintain 25,000 trees on public property. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Cost savings would be in the future insurance premiums. The more dead limbs, hazardous limbs, split limbs, & decayed limbs that are trimmed off the city owned trees and the more dead, decayed, and hazardous city owned trees that are removed, the less chance of personal injury or property damage by the failing of these limbs or trees. (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? OT or Comp time is normally only used for emergency situations during non -work hours. No more OT or Comp time would be paid out with this position added unless there was more than the normal number of emergency situations. The forestry work load gets bigger as a result of not having this position. This causes all requests to be delayed longer and longer. Page 69 of 181 (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. Over the last 3 years the workload has increased with the staffing level reduced. Three vacancies created in the last 3 years have left only 3 forestry crew members in the field. Forestry services requests are prioritized, but many are nearly 1 year behind in completing. Last year alone over 1000 trees were planted along Waterloo right of ways. These trees require maintenance. Our systematic tree pruning program was put on hold for 5 years while the crews worked on the removal of ash trees. This has created an increased demand for those forestry services due to various tree issues. (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. The City of Waterloo's Leisure Services dept. and the mayor's office will have increased complaints of tree trimming and tree removal work not getting done. The costs will be insurance premium increases, as stop signs are not cleared of obstructing limbs in time, causing accidents; low limbs do not get trimmed in a timely manner, causing vehicular damage; dead or hazardous limbs or hazardous trees are not taken care of in a timely manner and fall causing property damage, personal injury, or death. There will also be a longer delay for storm damaged trees and debris to be removed from roadways or from the tops of cars or houses. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The backlog of work orders increases. (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? No. We have been outsourcing some of the duties of this position due to the current size of the crew and work load present — stump removals. It is cheaper to have the stumps removed in house by crew (including this position) especially when all other duties are considered. Leisure Services also needs a versatile crew to take care of many departmental responsibilities — maintaining 25,000 trees in 52 parks, 3 golf courses & street right of ways, maintaining vegetation clearance at stop signs and signals, root pruning for sidewalk program, removal of snow from park sidewalks and parking lots, trimming of vegetation along recreational trails, providing the ability to climb trees with a rope and saddle if equipment can't get to site, responding to Corps of Engineers tree removal requests to keep levees certified, installing flood walls when needed, etc...This position is part of a that versatile crew and critical to Leisure Services. There would not be any monetary savings to outsourcing when all duties are considered! Page 70 of 181 (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position ranks very high. The Iowa Code Section 364.12, paragraph c, requires municipalities to remove diseased trees or deadwood on publicly owned property or right-of-way. Therefore, it is the City of Waterloo's duty to make sure that we have a healthy urban forest resource that provides a safe place for Waterloo's citizens and visitors to travel on its streets or visit its parks or golf courses. This is a public safety position. Every year you read about several people who had a tree or large limb fall on them and kill them. We do not want that to happen in Waterloo! (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Goal 4 in Waterloo's Strategic Plan is to Enhance the image of Waterloo to residents and businesses inside and outside the community. Strategy 4.5 states -Maintain and develop community services and city facilities that support quality of place. Leisure services offers the community service of tree maintenance to support the quality of place in Waterloo. Without this position and its services provided, Waterloo would have more hazardous tree situations in its parks, golf courses, and along its city owned right-of- ways. These situations could lead to property damage, personal injury, or even death. And then those could lead to large insurance claims or lawsuits. This is a public safety position that directly correlates with the quality of life in Waterloo and a healthy & safe urban forest resource. Page 71 of 181 Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the Park Maintenance II Forestry Apprentice 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, October 7, 2022 CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION PARK MAINTENANCE II - FORESTRY APPRENTICE DEPARTMENT WAGE FLSA CIVIL SERVICE BARGAINING UNIT LEISURE SERVICES $24.261hour with five (5) $1 increases during 3 years of training NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Park Maintenance II Forestry Apprentice participates in a prescribed curriculum becoming a highly skilled urban forestry professional, learning a variety of skilled forestry tasks such as planting, maintaining, and removing trees along streets, in parks and on other public property. Upon obtaining all credentials, certificates, & licenses at city's expense within designated time periods, and getting signed off in all competencies, the Apprentice will be granted the Park Maintenance II -Forestry title. The work is performed under the general direction of the City Forester, but often works independently and with minimum supervision. Will supervise seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification and apprentice will be trained to perform. 1. Operates hydraulic aerial lift, log loader and other equipment used in planting, trimming, pruning and removing trees and stumps. 2. Removes dead, broken, misshapen and undesired branches using saws and other tools. 3. Perform tree rigging on the ground and aloft. 4. Participate in removal of downed trees & limbs and in the abatement of hazardous conditions caused by wind, snow, and ice storms. 5. Prunes to improve visibility at street intersections and traffic sign locations. 6. Climbs trees using rope and saddle to prune and remove trees at heights of 60 feet and higher in accordance with ANSI A300 pruning standards and ANSI Z133 Safety Standards. 7. Sharpens tools and cares for ropes and safety equipment. 8. Participates in department preventive maintenance program for vehicles and equipment. 9. Participates in application of pesticides and other chemicals in the care of trees. 10. Operates large vehicles such as aerial lifts, dump trucks, chip trucks, and log loaders. 11. Assists park maintenance crews with mowing and snow removal as needed. Page 72 of 181 12. Responds to questions from the public concerning tree care. 13. Directs the work activities of part time and seasonal workers as assigned. 14. Workload varies and may be repetitive. 15. Works independently and with others with minimum supervision. 16. Works outside in all weather conditions; works around moving mechanical equipment and electrical wires; work environment is dirty; low visibility during unfavorable weather; operates equipment and tools that cause vibration; occasionally exposed to chemicals; noise level is frequently loud; atmosphere may contain dust and fumes from traffic. 17. Attends work regularly at the designated place and time. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City, and Leisure Services safety rules and regulations. 19. Attends training and successfully completes the prescribed course material. 20. Performs all other duties as assigned. ABILITY TO LEARN HOW TO DO THE FOLLOWING 1. Basic knowledge of tree trimming, treatment and removal methods and techniques. 2. Climb trees using rope & saddle. 3. Perform an aerial rescue. 4. Knowledge of occupational hazards and safety procedures of forestry work. 5. Knowledge and skill in use and care of ropes, knots and the tools and equipment commonly used in tree care and removal operations. 6. Ability to operate a truck with hydraulic boom and grapple loader. 7. Ability to work from aerial lift, sometimes during windy or other unfavorable weather. 8. Basic knowledge of rigging methods and use & maintenance of tools and equipment of the trade. 9. Plant and maintain trees and shrubs. 10. Ability to supervise seasonal employees. 11. Ability to operate and drive machines such as grapple, aerial lift, chip truck, & dump truck, and operate tree spade, stump grinder, chipper, chainsaw, loppers, shovel, & trimming shears. 12. Perform field maintenance on some power equipment. 13. Accurately record work records in TreeKeeper8 software on Ipads. 14. Ability to respond to questions and comments from members of the public tactfully and politely, in a clear, concise and easily understandable manner. 15. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 16. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE I. High school graduate/GED. 2. Valid driver's license and good driving record based on City of Waterloo driver performance criteria. Iowa Class A Commercial driver's license required within 12 months at the employee's expense. A candidate with any of the following will not be considered for employment: Loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of Page 73 of 181 employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five year period; four or more citations for moving violations within the previous three year period excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. TRAINING TIMELINE OBJECTIVES Apprentice must obtain all credentials, certificates, & licenses within designated time periods of each of the 5 levels. Failure to obtain the listed objectives at each level within the given timeline will result in termination. Level 1 - Within First 6 months of hire. 1. Earn the Tree Care Industry Association (TCIA) Introduction to Arboriculture Safety Certificate. 2. Obtain and maintain an Iowa Pesticide Applicator's License. 3. Earn the TCIA Electrical Hazard Awareness Program Certification. Level 2 - Within First 12 Months 1. Obtain Iowa Class A Commercial Driver's License with air brake endorsement. 2. Earn the TCIA Ground Operations 1: Fundamentals credential. 3. Earn the TCIA Ground Operations 2: Chipper Specialist credential. 4. Earn the TCIA Ground Operations 3: Chainsaw Specialist credential. 5. ACRT Basic Arborist Certificate or equivalent program approved by City Forester. Level 3 - Within 18 Months 1. Earn the TCIA Ground Operations 4: Tree Rigging and Removal. 2. Eam the TCIA Aerial Lift Operations 1: Fundamentals credential. 3. Earn the TCIA Tree Climber Specialist credential (soon to be changed to Tree Climber 1: Fundamentals). Level 4 - Within 24 Months 1. Earn the TCIA SRT Climber credential (Soon to be changed to Tree Climber 2: Aerial Work Specialist). 2. Earn the TCIA Tree Care Specialist credential. 3. Complete the TCIA Aerial Rescue Training Program (Soon to be changed to Tree Climber 3: Climbing Aerial Rescue). 4. ACRT Advanced Arborist Certificate or equivalent program approved by City Forester. Level 5 - Within 36 Months 1. Obtain and maintain ACRT Line Clearance Tree Trimmer Certification which includes passing tree climbing test. ON-THE-JOB LEARNING Apprentice is required to participate in On-the-job learning and related instruction in technical subjects related to the occupation. Tracking progression of experience on-the-job shall be done by competency - based performance evaluation system at 6 month intervals. Apprentice must become `proficient in tasks' in all areas of the competency -based measure of skill acquisition within 36 months of start date. Failure to do so within the timeframe will result in termination. FORESTRY APPRENTICE CONTRACT Apprentice shall enter into binding agreement with City of Waterloo in which the apprentice acknowledges that all credentials, licenses, certifications, and training programs must be completed within the time frame in each of the 5 levels in the Training Timeline as well as getting signed off in all competencies in the on-the-job learning to become fully trained and recognized as a Park Maintenance II — Forestry employee. Page 74 of 181 ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without reasonable accommodation. 1. Sufficient strength to perform assigned tasks (lifting branches and logs up to 300 pounds with weight distributed among crew members). 2. Sufficient strength to climb trees and perform work at heights up to 60 feet or more using only a climbing rope and saddle. Must be able to pull own body weight up tree on a rope. 3. Sufficient speech and hearing that permits the employee to communicate effectively with other workers in person or over a radio, and to safely operate equipment, often along busy streets. 4. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient color vision to identify dead or diseased foliage; sufficient dexterity to safely operate powered and manual forestry tools and equipment; sufficient hearing to understand verbal instructions, respond to questions from the public, diagnose equipment malfunctions and hear approaching traffic. 5. Sufficient personal mobility that permits the employee to safely operate a variety of motorized and manual park and forestry equipment in all types of weather. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, hearing protection, hardhat, gloves, safety vest, protective clothing and respirator. 2. Must submit to Department of Transportation requirements including pre -employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 3. Must participate in On -Call rotation with other forestry personnel to standby to report to work in the event of an emergency during normal time off from May 1 to October 31. 4. Must comply with City of Waterloo Residency Policy for Critical Employees (must live within thirty -mile radius of Waterloo City Hall). Will be given a reasonable period to satisfy this requirement as determined by the department head. 5. Following a conditional offer of employment, the City of Waterloo requires a physical examination including a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 6. The City of Waterloo will conduct a background investigation including education and employment history checks on any applicant being considered for this position. After a conditional offer of employment the City of Waterloo will conduct a criminal history check. 7. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Will generally work Monday -Friday 7:00 a.m.-3:30 p.m. with a half-hour unpaid lunch. May be required to report during emergency situations or work overtime during/after damaging storm events. May be required to assist Public Works Department with snow removal. PHYSICAL EXAMINATION All qualified candidates who apply by the deadline will be required to perform a physical examination. This is a pass/fail examination that tests the candidate's agility, endurance, and strength. ORAL EXAMINATION All qualified candidates who pass the physical examination will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular Page 75 of 181 employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL & PHYSICAL EXAMINATION DATES All qualified candidates who apply by the deadline date will be notified of the time, place and date of the physical examinations. Those that pass the physical examination will be notified of the time, place, and date of the oral examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. PARK NIAINTENANCE II FORESTRY APPRENTICE DESCRIPTION August 23, 2022 Page 76 of 181 Park Maintenance 11— Forestry Apprentice Contract The Park Maintenance II — Forestry Apprentice program is building the foundation of forestry knowledge by giving apprentices five levels of training based on the Department of Labor's registered apprentice program. The City of Waterloo has designed their own program to provide apprentices the education and training at the City's expense fulfilling all of those same learning competencies. The contract below explains the duties and responsibilities of both parties as well as expected milestones in the learning principles of the program. This Contract dated serves as a binding agreement between the City of Waterloo and , Park Maintenance II - Forestry Apprentice. Purpose of Contract: Park Maintenance II - Forestry Apprentice acknowledges that all credentials, licenses, certifications, and training programs must be completed within the time frame in each of the 5 levels in the Training Timeline shown below as well as getting signed off in all competencies in the on-the-job learning section of this contract to become fully trained and recognized as a Park Maintenance II — Forestry employee. This apprenticeship program is not a formal program registered with the Department of Labor. Instead it is an informal apprenticeship program that uses most of the same requirements as the formal program, but it is more customized to fit the City of Waterloo's needs. The City of Waterloo is confident that an apprentice in this program will obtain the required skills of the arboriculture trade if the effort is put forth. Duties and Responsibilities of the City of Waterloo 1. Ensure adequate and safe equipment and facilities for training 2. Ensure there are qualified training personnel and adequate supervision on the job Duties and Responsibilities of the Apprentice 1. Perform diligently and faithfully the work of the occupation and other pertinent duties assigned by the City of Waterloo. 2. Respect the property of the City of Waterloo and abide by the working rules and regulations of the City. 3. Attend, complete, and pass the required training and On -The -Job Learning 4. Develop and practice safe working habits and work in such a manner as to assure personal safety and that of other fellow workers. If the 5 Levels in the Training Timeline are not accomplished within the time frame given or the competencies in the On -the -Job learning are not all signed off as Proficient in Task within 36 months of start date, Forestry Apprentice understands and accepts that termination will result. Pay raises have been negotiated with the Construction and Public Employees LiUNA Local 177 Union. These raises are directly associated with completing each of the 5 levels in the training timeline. Apprentice starts at $5 less than PMII-Forestry. One dollar ($1) pay raise will be granted each time a Park Maintenance II — Forestry Apprentice satisfies all requirements in one of the 5 training levels within the required time frame. Upon completion of Level #5 and the completion of the On -The -Job Learning the apprentice's title will change to Park Maintenance II —Forestry and receive the last one dollar pay raise. Future union negotiated pay raises will be incorporated into the base pay scale. 11Page Page 77 of 181 TRAINING TIMELINE Apprentice must obtain all credentials, certificates, & licenses within designated time periods of each level shown below. Failure to obtain the listed objectives within any of the Levels will result in termination. Level #1 to be completed within the first 6 months of hire 1. Earn the Tree Care Industry Association (TCIA) Introduction to Arboriculture Safety Certificate. 2. Obtain and maintain an Iowa Pesticide Applicator's License (Category 30T and/or Category 6) 3. Earn the TCIA Electrical Hazard Awareness Program Certification Level #2 to be completed within the first 12 months of hire 1. Obtain Iowa Class A Commercial Driver's License with air brake endorsement. 2. Earn the TCIA Ground Operations 1: Fundamentals credential 3. Earn the TCIA Ground Operations 2: Chipper Specialist credential 4. Earn the TCIA Ground Operations 3: Chainsaw Specialist credential 5. Obtain ACRT Basic Arborist Training Program Certificate or equivalent program approved by City Forester Level #3 to be completed within the first 18 months of hire 1. Earn the TCIA Ground Operations 4: Tree Rigging and Removal 2. Earn the TCIA Aerial Lift Operations 1: Fundamentals credential 3. Earn the TCIA Tree Climber Specialist credential (Soon to be changed to Tree Climber 1: Fundamentals) Level #4 to be completed within the first 24 months of hire 1. Earn the TCIA SRT Climber credential (Soon to be changed to Tree Climber 2: Aerial Work Specialist) 2. Earn the TCIA Tree Care Specialist credential 3. Complete the TCIA Aerial Rescue Training Program (Soon to be changed to Tree Climber 3: Climbing Aerial Rescue) 4. Obtain ACRT Advanced Arborist Training Program Certificate or equivalent program approved by City Forester Level #5 to be completed within the first 36 months of hire* 1. Obtain and maintain ACRT Line Clearance Tree Trimmer Certification which includes passing tree climbing test. *upon completion of level #5 and completion of On -The -Job Learning, PM II — Forestry Apprentice title changes to Park Maintenance II — Forestry and the final $1 increase will be granted. TCIA is currently making some changes in their credential programs. It is likely that over the next 2 years that there will be some title changes and minor course changes. Some training programs may be challenging to register in due to available training opportunities. The City Forester will determine if an extension of time is warranted for such circumstances. 21Page Page 78 of 181 ON-THE-JOB LEARNING Apprentice is required to participate in On -the -Job Learning and related instruction in technical subjects related to the occupation. Tracking progression of experience on-the-job shall be done by competency -based performance evaluation system at 6 month intervals. The evaluation form is shown below. Ratings are: No Ability — Apprentice has no ability to perform task. Demonstrates fundamentals —Apprentice can perform the task with some coaching Proficient in Task — Apprentice performs task independently, properly, and consistently. Apprentices need to be "proficient in task" in each category within 36 months of start date. Apprentice Name: Start Date: 1)Adhere to ANSI Z133 standards and employer safety standards for all work Competencies No Ability Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Inspect, maintain and use the appropriate personal protective equipment B. Inspect, maintain and use the appropriate tool, equipment, or vehicle C. Assess trees for defects and hazards D. Establish and maintain safe work sites and zones E. Demonstrate safe practices and appropriate use of personal fall protection equipment for work aloft 31Page Page 79 of 181 2)Perform Plant Health Care Diagnostics Competencies No Ability Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Identify deciduous trees and shrubs B. Identify evergreen trees and shrubs C. Perform tree inspection to determine viability and strength of tree D. Identify damaging insects of trees and shrubs E. Identify diseases of trees and shrubs F. Identify abiotic stresses of trees and shrubs 4WPage Page 80 of 181 3)Perform rigging on the ground and aloft Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Determine the removal plan B. Estimate the maximum load weight based on equipment available C. Install and use a rigging system to lower the load directly to the ground D. Install and use a rigging system to move the load laterally 4)Access trees by climbing with a rope and saddle Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Perform a pre -work inspection of all equipment/tools B. Perform a pre -work inspection of the tree and site C. Install work positioning lines from the ground D. Ascend tree canopy F. Position to work aloft F. Maneuver through canopy G. Descend the tree H. Retrieve the rope(s) and equipment 5IPage Page 81 of 181 5)Operate a chainsaw on the ground and aloft Competencies No Ability Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Safely start and control the chain saw B. Perform brush cutting C. Perform felling D. Perform limbing and bucking E. Cut wood under tension and compression F. Perform removal cuts G. Perform pruning cuts H. Safely secure and transport the chain saw I. Perform field maintenance 6)Operate a chipper Competencies No Ability Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Prepare brush and wood material B. Position the chipper C. Chip brush and wood material following safety protocol D. Perform required maintenance Wage Page 82 of 181 7)Prune trees and shrubs from the ground and aloft, according to current ANSI A300 standards Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Determine the pruning objective(s) B. Perform proper pruning cuts using the appropriate hand tools and pole tools C. Perform proper branch reduction cuts D. Perfoinn crown cleaning E. Perfaifn crown raising F. Perfoiiii structural pruning G. Perfoiin pruning of young tree training 8)Remove trees and shrubs Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Remove limbs B. Remove trunk sections C. Fell trunks or entire tree 7IPage Page 83 of 181 9)Operate aerial Iift truck Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Operate Aerial Iift unit according to operator manual B. Perform required maintenance 10)Operate Iog loader Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Operate Iog loader unit according to operator manual B. Perform required maintenance 11)Operate stump grinder Competencies No Competency Demonstrate Fundamentals Proficient in Tasks Completion Date & Initial A. Operate stump grinder according to operator manual B. Perform required maintenance C. Change pockets & grinder teeth 8]Page Page 84 of 181 I, , Park Maintenance If — Forestry Apprentice, agree with the terms of this contract and understand that I will be terminated if 1) I do not complete the 5 levels of training in the given timelines and 2) l do not become 'proficient in tasks' in all areas of the competency -based measure of skill acquisition within 36 months of start date. John or Jane Doe, Park Maintenance II — Forestry Apprentice Lance Dunn, HR Director Todd Derifield, Park Superintendent/City Forester 9IPage Page 85 of 181 PERSONNEL REQUISITION FORM Check as applicable: I To start recruiting or civil service process and/or El To fill a vacancy n Active Civil ,Service List E,xpires: A proposed job description and questionnaire must accompany this foram at time of submission to Hlllllfin Resources. ***********Sr******r':******dr****************e*3t*r4r**e****************k***************************4**** Position Title: Park Maintenance 11-Forestry Apprentice Department: Leisure Services Reports To: City Forester i iloyment Status: Type of Position: Civil Service Position; Bargaining Position: Bargaining Group: 177 Non -bargaining Position: ® Regular Full Time ❑ Regular Part Time ❑ Regular 7-Month El Yes ® Yes ❑ Yes Work Location: 1101 Campbell Ave. Temporary Full Time from to Temporary Part Time from to Intern/Co-op Student from to Recommended Recruitment Sources: ❑ No ❑ Internal Posting Only ❑ No M Internal Posting and External Advertising ® No 51,*:***********************:*************************************************************:*****44** Complete the following if the requisition is to fill a vacancy: ® New Position or ® Replacement Position for: J Lainprecht & C Cook, Park Maintenance II -Forestry (Specify name and title of former incumbent) if replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 3/11119 & 10/2/19 Date of final payout: 3/29/19 & 10/25/19 Anticipated start date: ASAP No. of hours/week: 40 Work schedule: Mon-Fri(7arn.3:30ptn) Justification of need for position: This position is a critical employee and is required to maintain the 25,000 trees in Waterloo's 52 parks, 3 golf courses, and along street rights -of -Way. This position is crucial in maintaining a safe urban forest. Forestry Apprentice program was developed as the result of not being able to find qualified arborists to fill forestry vacancies over the last 3 years. What are the likely consequences if the position is not filled? There will be longer response time to public tree trimming and removal requests, And there will be an increase in hazardous situations. Trees that are not maintained in a timely manner either fail or drop large limbs causing property damage or personal injury and increasing the number of insurance claims against the City of Waterloo. APPROVALS Annual salary requirements: $50,461 to $60,861 Hourly Rate: $24.26 to $29.26 Benefits: $34,091 (Payroll (aces, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Submitting Depurtn 7 Date Mayor Chief Financial Officer Dale 9/e/='°- tiulnnr► )resources Dvector Date Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 86 of 181 Missy Gearhart From: Ray Feuss Sent: Thursday, September 8, 2022 10:06 AM To: Missy Gearhart Subject: Re: Personnel Requisition items Missy i give my approval for the staffing discussed today. Ray From: Missy Gearhart Sent: Tuesday, September 6, 2022 10:36:16 AM To: Ray Feuss; QUENTIN HART Subject: Personnel Requisition items Good morning personnel req committee members, Here is the agenda for the meeting Thursday and the items as submitted by the managers. The Librarian request is a position to hire as usual. The fire It is to hire a replacement off an active list. The fire fighter is to hire for the person who is getting promoted to It, we are in the process of certifying a fist to hire from. The airport position was brought to this committee, civil service, and then posted and Keith wanted to totally revamp the job description. We have continued to advertise the position with the approved job description but he would like to get the revised edition approved and update it. The forestry requisition is for the apprentice program in leisure services. Thank you, Missy Missy Gearhart Missy Gearhart, MOL, SPH R, SHRM-CP Assistant Human Resources Director City of Waterloo P 319-291-4303 ext 3375 F 319-291-4569 1 Page 87 of 181 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of $111,599.74 for Woodruff Construction, Inc., in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase 1, Contract No. 951, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ Cont 951_Final Qty Summary Backup Material SUBJECT: Submitted by: S ummary S tatement: Motion approving Final Quantity Summary for a net decrease of $111,599.74 for Woodruff Construction, Inc., in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase 1, Contract No. 951, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Page 88 of 181 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: F.Y. 2021 Sanitary Sewer Gatewell Repairs - Phase I, City Contract #951 Date Prepared: October 12, 2022 AMOUNT: $ 111,599.74 Decrease TO: Woodruff Construction, Inc. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated March 01, 2021. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items. Some items removed from the project. Some items added to the project. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary. Total Net Decrease $ 111,599.74 CITY OF WATERLOO BY: Woodruff Construction, Inc. Mayor ATTEST: Date CONTRACTOR City Clerk Date BY: PRINTED NAME: Grant Reimers 11/13/22 Date TITLE: Central Region President City Engine 05/A2 Dat Page 89 of 181 FINAL QUANTITY SUMMARY • FN. 2021 SANITARY SEWER GATEWELL REPAIRS -- PHASE 1 CITY CONTRACT NO. 951 AECOM NO.60549334160658672 ITEM NO. ITEM CODE REM (JNIT BID PRICE ORIGINAL QUANTITY FINAL QUANTITY 2UANTIT FFERENS INCREASE/ DECREASE FINAL AMOUNT 4 5 __. 6 7 8 .......-@.............. 10 __.. 11 11 __.. 13 .. 14 ., 15 16 17 ...18 ........... z9........... 20 21 22 _._. 23 .24 75 26 27 28 .29 30 MOBILIZATION & GENERAL ITEMS LS $ 573,530 1 1 - $ - $ 573,530.00 GATEWELL 3C-1 LS $ 108,999 1 1 - $ - $ 108,999.00 GATEWELL 3C3 LS $ 150,073 1 1 - $ - $ 150,073.00 GATEWELL 3C-4 LS 5 312,165 1 1 - $ - $ 112,165.00 GATEWELL 3C-5 LS $ 103,594 1 1 - $ - $ 103,594.00 ........ GATEWELL 50-2 LS $ 125,095 1 1 - $ - $ 125,095,00 GATEWELL 5D3 LS $ 79,093 1 1 - $ - $ 79,093.00 GATEWELL 5F-1 LS $ 102,057 1 1 - $ - $ 102,057.00 GATEWELL 5F-2 LS 5 162,1392 1 1 - $ - $ 162,892.00 GATEWELL 5F-3 LS $ 92,406 1 1 - $ - $ 92,406.00 GATEWELL 5F-4 LS 5 78,240 1 1 - $ - S 78,240.00 GATEWELL5F-5 LS 5 149,036 1 1 - $ - $ 149,036.00 INVESTIGATING VALVEWELL 5F-6 LS $ 4,418 1 0 (l.0) $ (4,418.00) $ - GATEWELL 5F-7 LS $ 156,815 1 1 - $ - $ 156,815.00 GATEWELL 3D-2 LS $ 147,106 1 1 - $ - $ 147,106.00 t GATEWELLI3(}3 LS 5 131,179 1 1 - $ - $ 131,179.00 GATEWELL 3D-4 LS $ 135,924 1 1 - $ - $ 135,924.00 GATEWELL 3D-5 L5 $ 97,193 1 1 - $ - $ 97,191.00 GATEWELL 3E-3 LS 5 182,717 1 1 - $ - $ 182,717.00 INVESTIGATING GATEWELL 1-1 (Base Bid) LS $ 25,771 1 0 (1 0) $ (25,771.00) $ GATEWELL 1-2 LS $ 102,287 1 1 - $ - $ 101,287,00 INVESTIGATING GATEWELL 3A-1 (Base Si(1) LS $ 25.771 1 0 11.0) $ (25,771.00) $ - GATEWELL 3A-2 L5 $ 102,424 1 1 - $ - $ 102,424.00 INVESTIGATING GATEWELL 5A-I {Base Bid) LS 5 36,717 1 1 - $ - $ 36,717.00 GATEWELL 5A-2 (Total Charged in C0802) LS $ 73,793 1 0.05 (0.95) $ (70,103.35) $ 3,689.65 GATEWELL 5A-3 LS $ 73,571 1 1 - $ - $ 73571.00 GATEWELL 5A-4 LS $ 74.195 1 1 - $ - $ 74,195.00 GATEWELL 1-1 (Bid Alternate) LS $ 112,264 1 1 - $ - $ 112,264.00 GATEWELL 3A-I (Bid Aftemate) LS 5 111,551 1 1 - $ - $ 111,551.00 GATEWELL 5A-1 (Bid Alternate) (Total Changed in C0902) LS $ 99,830 1 0.25 (0.75) S (75,331.00) S 24,499.00 31 1-1 1-2 2-3 3-1 3-2 Valve Wen 5F-6(Bid Aitemate) LS $ 58,594 1 1 - $ - $ 56594.00 ORIGINAL CONTRACT INCREASE/DECREASE CONTRACT MODIFICARONS 5 ELECTRIC MOTOR ACTUATOR L5 $ 19,214.20 0.00 1.00 1.0 $ 19,214.70 $ 19,714,20 BYPASS PUMPING AT 5F-2 i5 5 13,267.46 0.00 100 1.0 $ A3,267.46 $ 13,267.46 BYPASS PUMPING AT 3C-1 13 5 96,043.68 0.0o 1.00 1.0 $ 96,043.69 $ 96,043.613 DEMOLITION ELIMINATED FROM PROJECT (MISC. LINE ITEMS) 15 $ (53,509,22) 000 1.00 1.0 S (53,509.22) $ (53,509.22) ROTA -ROOTER SERVICES AT 3E-3 is $ 14,778.49 0.00 1.00 1A 5 14,776.49 S 14,778.49 CONTRACT MODIFICATIONS INCRES OLCOEASE : • _. AEI .............. ...... -�. � .... - � � .... ... 6... $ : �.69,794.1 .. ........ ...... Pay Estimate Number 1 Pay Estimate Number 2 Pay Estimate Humber 3 Pay Estimate Humber 4 Pay Estimatelimber 5 Pay Est€mate Number Pay Estimate Humber 7 Pay 1st6mate Number 8 Pay Estimate !lumber 9 Pay Estimate Plumber 10 Pay Estimate Number 11 Pay Estimate Number 12 Pay Estimate Number 33 Pay Est/ma le Number 14 Pay Estimate plumber 15 Pay Estimate Number 16 (Relainage) Total All Payments $ 95,349.36 $ 69,068.71 $ 138,992.39 Original Contract Amount $ 3,587,300.00 $ 191,685.85 Original Contract Modification Amount $ - 5 389,279.62 Increase/Decrease Contract Modification $ (111,599.74) $ 156.077,49 Final Contract Amount $ 3,475,703.26 $ 168,469,03 $ 177,471.67 $ 78,884.25 $ 263,690.62 $ 133,8019.35 $ 239,745.75 $ 336,756.65 $ 388,933.75 $ 473,719.75 $ 173,745.01 $ 3,475,700.26 Page 90 of 181 AECOM November 14, 2022 Mr. Wayne Castle City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Subject: FY 2021 Sanitary Sewer Gatewell Repairs — Phase I City of Waterloo, Iowa City Contract No. 951 AECOM #60549334160658672 Dear Mr. Castle: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 wvm.aecom.com 319-232-6531 tel 319-232-0271 fax Attached is Final Quantity Summary and Release Retainage Request for the FY2021 Sanitary Sewer Gatewell Repairs — Phase I project. The construction work for this project is now complete. The Contractor has submitted a Maintenance Bond (attached). The final pay estimate to release retainage in the amount of $173,785.01 can be paid to Woodruff Construction, Inc., per the requirements of the contract. The original contract was for $3,587,300.00. Wth adjustments in quantities in the field and change orders the final contract total was $3,475,700.26. The project has a net deduction of ($111,599.74). Please ret us know if you have any questions. Yours sincerely, Ginger I L'Heureux, PE Attachment: As Noted 160658872\600_ConsWdion Support1660_PayApplicalions12022.11. FY21SanSwrGalewellRprPHI_ReIRet_Memo_Woodruff.docx Page 91 of 181 CITY OF WATERLOO Council Communication Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Smoke O's, 1509 Flammang Drive. City Council Meeting: 12/5/2022 Prepared: SUBJECT: Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Smoke O's, 1509 Flammang Drive. Page 92 of 181 CITY OF WATERLOO Council Communication Request by Bruce Gerleman to rezone 3.46 acres northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new restaurant. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description ❑ Council P acket SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Type Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a request by Bruce Gerleman to rezone 3.46 acres northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new restaurant, with conditions. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request by Bruce Gerleman to rezone 3.46 acres northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new restaurant. The Planning and Zoning Commission unanimously recommended approval of this request at their November 1st, 2022 meeting. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of abutting agricultural land, commercial uses, and residential across Highway 218. The request to construct a new restaurant and associated parking area does not appear to have a negative impact upon nearby properties or land uses. The site will be accessed from E Shaulis Road, which is classified as a Minor Arterial. Highway 218 to the east is classified as a Principle Arterial. The area of the proposed site is currently zoned "A-1" Agricultural District Page 93 of 181 Neighborhood Impact: and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and zoning are as follows: North — Highway 218; Commercial Development with some vacant land, zoned "M-1" Light Industrial District. South — Agricultural land and Lost Worlds Theme Park, zoned "A-1" Agricultural District; and "C-P" Planned Commercial District. East —Residential area, zoned "M-1" Light Industrial District and "R-1, R- P" Planned One and Two Family Residence District. West — Agricultural land, Lost Island Water Park and Isle Hotel and Casino, zoned "A-1" Agricultural District and "C-P" Planned Commercial District. The applicant is requesting to rezone a 3.46 acre property northeast of 2600 E. Shaulis Road to construct a restaurant. The proposed "C-P" designation is intended for the residential and commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. The C-P zoning will enable the restaurant to have greater flexibility in regards to setbacks, lot configuration, and other parameters associated with building on a triangular lot. And as a site plan specific district, it will ensure for a compatible design of the development to fit with existing and planned future development of the area. The proposed parking lot contains 110 stalls with four of those stalls being reserved for handicap parking. The size of the building is 7,813 square feet, with 4,768 SF of indoor patron use area. Per the Zoning Ordinance, one parking space is required for every 100 square feet of indoor patron use area and one space for every 200 square feet of outdoor patron use area. This equates to 59 total required parking stalls, and 110 are being provided to exceed the requirement. The applicant is proposing hardie board siding with galvanized steel wainscoting. Cherry wood colored aluminum metal panels will be located around the windows to implement more details on the facade. The patio will be accessed by three full glass aluminum overhead sectional doors. The proposed design is compatible with the surrounding area. Therefore, staff recommends that the request by Bruce Gerleman to rezone 3.46 acres northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new restaurant, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The site will bring a neighborhood commercial use to a tourism destination north of a residential area that sits along Waterloo's Highway 218 Corridor. And subject to the following conditions: 1. That sidewalk be installed along the frontage of the property. 2. That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road. 3. That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing Page 94 of 181 Data/Analysis and Strategies: Community Engagement Methods: and related elements (painting, signage and wired rectangular rapid flashing beacons) in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety. 4. That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway. 5. That the final site plan meets all applicable city codes, regulations, etc. including but not limited to, parking, landscaping, screening, drainage, etc. Zoning, Land Use and Economic Development. Notice was sent to all properties within 250 feet of the proposed rezone and there has been no opposition. Expenditure Required/Source of None Funds: Legal Descriptions: That part of Government Lot 4, in Section 12; And That part of the Southeast Quarter of the Southeast Quarter of Section 12, Township 88 North, Range 13 West of the 5th Principal Meridian, in Black Hawk County, Iowa lying Southwesterly of the center line of U. S. Highway Number 218 except that part deeded to the State of Iowa in 538 LD 150. And That part of the Southeast Quarter of the Southeast Quarter Section 12, Township 88 North, Range 13 West of the 5th Principal Meridian, Black Hawk County, Iowa described as follows: Commencing at the Southeast comer of said Section 12; thence South 88 degrees, 43 '/2 minutes West 397.8 feet along the South line of the Southeast Quarter of said Section 12 to the point of beginning; thence continuing on said South line South 88 degrees 43 % minutes West 35.5 feet; thence North 49 degrees 56 '/2 minutes West 147.4 feet; thence North 45 degrees 21 '/2 minutes West 128.9 feet; thence North 28 degrees 56 '/2 minutes West 154.2 feet; thence South 44 Degrees 33 minutes East 448.6 feet to the point of beginning. Page 95 of 181 November 1, 2022 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Bruce Gerleman to rezone 3.46 acres northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new restaurant. Bruce Gerleman, 303 Locust Street, Suite 150, Des Moines, IA, 50309. The applicant is requesting to rezone the property in question to construct a 7,813 square foot restaurant with a patio. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of abutting agricultural land and residential across Highway 218. The request to construct a new restaurant and associated parking area does not appear to have a negative impact upon nearby properties or land uses. The site will be accessed from E Shaulis Road, which is classified as a Minor Arterial. Highway 218 to the east is classified as a Principle Arterial. The Shaulis Road Trail is located directly south of the site along E Shaulis Rd. The proposed restaurant will also have a sidewalk that will extend from the trail to the building. It should be a condition to require that the applicant install approaches for a mid -block crossing, and potentially be required to install the crossing including rectangular rapid flashing beacons in the future if determined to be warranted. Sidewalk should also be required to be installed along the frontage of the property, so that it could potentially be connected to the sidewalk and trail system as adjacent parcels are developed. The area of the proposed site is currently zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and zoning are as follows: North — Highway 218; Commercial Development with some vacant land, zoned "M-1" Light Industrial District. South — Agricultural land and Lost Worlds Theme Park, zoned "A-1" Agricultural District; and "C-P" Planned Commercial District. East —Residential area, zoned "M-1" Light Industrial District and "R- 1, R-P" Planned One and Two Family Residence District. West —Agricultural land, Lost Island Water Park and Isle Hotel and Casino, zoned "A-1" Agricultural District and "C-P" Planned Commercial District. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" PSgEP 06f 6f 181 November 1, 2022 DEVELOPMENT The surrounding development was constructed between 2001 and HISTORY: BUFFERS/ SCREENING REQUIRED: 2022. There is no screening required in relation to this request. DRAINAGE: A drainage plan will be required to be submitted. The site plan shows a proposed detention pond. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" PSgEP 97f 6f 181 November 1, 2022 FLOODPLAIN: The property is mostly located in Zone AE (100 year floodplain) which is a Special Flood Hazard Areas as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. The structure will elevated to have a finished floor elevation of 851.5 feet or 2.5 feet above the base flood evaluation. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" Pg'g1098f 6f 181 November 1, 2022 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS SUBDIVISION ORDINANCE: There are no schools located within the vicinity of the proposed restaurant. There is 15" sanitary sewer line located within a 30' sanitary sewer easement to the west and a 16" water main along E Shaulis Road. The Future Land Use Map designates this property as Mixed Commercial: Medium to High Density Residential; Professional Officials, and Neighborhood Commercial. The proposed land use is in conformance with the Future Land Use Map for this area. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan. The applicant is requesting to rezone a 3.46 acre property northeast of 2600 E. Shaulis Road to construct a restaurant. The proposed "C- P" designation is intended for the residential and commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. The C-P zoning will enable the restaurant to have greater flexibility in regards to setbacks, lot configuration, and other parameters associated with building on a triangular lot. And as a site plan specific district, it will ensure for a compatible design of the development to fit with existing and planned future development of the area. The proposed parking lot contains 110 stalls with four of those stalls being reserved for handicap parking. The size of the building is 7,813 square feet, with 4,768 SF of indoor patron use area. Per the Zoning Ordinance, one parking space is required for every 100 square feet of indoor patron use area and one space for every 200 square feet of outdoor patron use area. This equates to 59 total required parking stalls, and 110 are being provided to exceed the requirement. The applicant is proposing hardie board siding with galvanized steel wainscoting. Cherry wood colored aluminum metal panels will be located around the windows to implement more details on the facade. The patio will be accessed by three full glass aluminum overhead sectional doors. The proposed design is compatible with the surrounding area. There were no comments at Tech Review for this request. There is no platting in relation to this request. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" PSge 59f 6f 181 November 1, 2022 Picture 1: Lost Island Theme park is located across from the rezone area. Picture 2: Looking west along East Shaulis Road to Lost Island Theme Park entrance. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" PScge i6 of 181 November 1, 2022 Picture 3: Looking southeast along Shaulis Road toward Dysart Road and US Highway 218. Picture 4: Looking east toward US Highway 218 along rezone area. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" PgDge toff of 181 November 1, 2022 Picture 5: Looking north along the west side of the property being proposed for rezoning. Picture 6: Looking from rezone area toward Isle of Capri Casino. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" Pg'gtoi62of 181 November 1, 2022 Picture 7: Looking along the southern rezone area. Picture 8: Current bridge work on East Shaulis just west of the rezone area. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" PSgtP$6O of 181 November 1, 2022 STAFF Therefore, staff recommends that the request by Bruce Gerleman to RECOMMENDATION rezone 3.46 acres northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new restaurant, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The site will bring a neighborhood commercial use to a tourism destination north of a residential area that sits along Waterloo's Highway 218 Corridor. And subject to the following conditions: 1. That sidewalk be installed along the frontage of the property. 2. That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road. 3. That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing and related elements (painting, signage and wired rectangular rapid flashing beacons) in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety. 4. That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway. 5. That the final site plan meets all applicable city codes, regulations, etc. including but not limited to, parking, landscaping, screening, drainage, etc. NE of 2600 E Shaulis Road Rezone "A-1" to "C-P" psge 6fL of 181 City of Waterloo Planning, Programming and Zoning Commission November 1, 2022 cr ARBORETUM DR- m \'\v L Rp l�J CEDAn R K R� 9 V. #724? —ISUMMEIseJ'`r%s) Tz �G.— FtiEL,1/\ R-2 TC NO L co� I ivi` v) O— A-1 0 r Fri ‘4QUIGBY RD 70:IPLING_RD— Off. ELLINGTON STD O VIOLET DR Q—BRISTOERD E ORANGE RD L- p �� w� j �- U Northeast of 260o East Shaulis Road Rezone from "A-1" to "C-P" Bruce Gerleman Page 105 of 181 City of Waterloo Planning, Programming and Zoning Commision November 1, 2022 E SHAULIS RD E SHAULIS RD Area to be Rezoned Lost Island Theme Park Northeast of 260o E Shaulis Road Rezone from "A-1" to "C-P" Bruce Gerleman Page 106 of 181 1 2 SCALE: I "=30'-O" 3 4 846.56 x 846.56 x 846.51x 846.46 x 846.25x 846.38 x MI 50 x 94%i.J6 x z 7 0 N 8Z62 x 1- X 111 845.60 x 846.95 x BENCHMARK 846,78x SET RAILROAD SPIKE ON EASE SIDE OF TREE ROOT ELEV-=847.83 x 846.55 FL845.76 845.88 x 846.10 x 846.17x $46.841 �7 W 48 848.85 x 84 9 849.21 ' _ N v atO 849:60 846.01 x 846.41 x x 846.72 x 846.95 846.81 x x 846.97 849.92 846.07 x 847.50 846.76 o�0 846.73 x x 847.29 x 847.12 Co 847.72 848.0F5 847.66 x x 847.76 847.66 x x 847.62 847.31 7.11 848.12 �~ ST x 848.48 .� 849.83 20" WATER MAIN - PER WATERLOO WATER WORKS 847.11 N8$°1816 E 18" CMP 847.61 848.14 48.56 x ZONING EXISTING ZONING A REZONING TO C-P PLANNED COMMERC 1 AL PARK I NG R=OLJIRLD ONE PARKING SPACE FOR EACH 100 SF OF PATRON USE ONE PARKING SPACE PER 200 SF PATRON SPACE OUTDOOR PARKING REDO 1 RED 5,451 SF SEATING AREA 55 SPACES 2,16-1 SF OUTDOOR AREA 11 SPACES TOTAL REQU 1 RED 46 SPACES SPACES PROVIDED 110 SPACES 845.92 x �� 845.75 x x 845.67 x 845.59 x 845.86 x 845.78 845.94 x 845.76 x 845.60 RM844.68 FL833.59(N,S) 45.40 x 845.66 'x 845, 99 x 846.28 x 846.25 846.06 x x 846.27 L=45.25 FIE . DRIVE 848.95 x 849- 849.5Tx77 846--- 850.15.859.22 �� 850:'39 850.42, " ' i 850.31 85 849.92 849.89 4 SE1 4 SECTION 12-T88N-R13W (A�ffiCIA¢ 3 N F M ru. �nninc N( Idc:7_I_. >ei � rONINin Arm 1rIJI TIJIQ x 845.37 845.84 845.31 x x845'5 x :45.90 845.82 x 845.63 EL =3 CL REA- (Ex BUILDING AREAS ALTA/NE IN KITCHEN 2,00E SF WAITING 745 SF RESTROOMS 511 SF ANCILLARY AREAS 545 SF WALL AREA 6a4 SF TOTAL NON SEATING AREA 4,561 SF SEATING AREAS DINING I 1,110 SF DINING 2 60a SF BAR SSS SF G� PATIO BAR 845 SF TOTAL INDOOR SEATING 5,452 SF I SPACE -ER 100 SF 55 SPACES TOTAL. GROSS BUILDING AREA 7,515 SF OUTSIDE SEATING 2,167 SF 4. PARKING REQUIRED ACRES± U❑ - R/W) ..46 ACRES± UOES R/W) NO BUILDINGS ON SITE } 850`60 850.20 850.23 845.82 845.37 x ---851 FISHING BEACH " 850.9 x 845.10 845.68 x 845.47 x x 845.25 x 845.55 ACE PER 200 SF II SPACES 844.78x 845 844.94 851`.38 851.19' x 845.25 x 845.36 x 845.59 x 845.61 13 14 15 16 17 TITAN ,110011Vtln1 MCI 845." • • x 845.09 -NORTH VW LINE E. SHAUL'S ROAD E. SHA ULIS ROAD x 845.29 844.70 x 845.65 845.18 x x 845.32 x 845.48 x 845.55 850.59x 851..7 851.85 46 SPACES 844.93 x 845.34 DIET FOND ELEV 841 20,0ci2 SF 112,424 CF 845.71 x 845.50 x 844.81 x FENCE \4- off. rip. VICINITY MAP =\,0BLACKHAWK COUNTY IOWA PARCEL ID 55151247 IN SE4 SE4 SECTION 12-TSSN-R131A1 BLAKHAWK COUNTY, IOW, THAT PART OF GOVERNMENT LOT 4, IN SECTION 12; AND THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUA ER OF SECTION 12, TOWNSHIP 55 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MER DIAN, IN BLACK HAWK COUNTY, IOWA LYING SOUTHWESTERLY OF THE CENTER LINE OF U. S. HIGHWAY NUMBER 21S \ EXCEPT THAT PART DEEDED TO THE STATE OF IOWA IN 53S LD 150.AND THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER SEC ON 12, TOWNSHIP SS NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, BLAC HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE SOUTH 55 DEGREES, 43 '/MINUTES WEST 397.E FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID SOUTH LINE SOUTH 55 DEGREES 43 %MINUTES WEST 35.5 FEET; THENCE NORTH 49 DEGREES 56 %MINUTES WEST 141.4 FEET; THENCE NORTH 45 DEGREES 21 '/ MINUTES WEST 125.41 FEET; THENCE NORTH 25 DEGREES 56 '/ MINUTES WEST 154.2 FEET; THENCE SOUTH 44 DEGREES 33 MINUTES EAST 445.6 FEET TO THE POINT OF BEGINNING. N 1213 mon u ®� ZO\ S THE SURVEYED PROPERTY LIES IN ZONE X, 0.2% ANNUAL CHANCE FLOOD HAZARD, AREAS OF I% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH LESS THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN ONE SQUARE MILE AND ZONE AE, SPECIAL FLOOD HAZARD AREAS WITH BFE OR DEPTH, AS SHOWN ON FEMA FLOOD INSURANCE RATE MAP COMMUNITY -PANEL NO. 141013C O5OSF, EFFECTIVE DATE, JULY IS, 2011. GNAT ZONE AE BASE FLOOD ELEVATION DETERMINED SASE FLOOD ELEVATION AT SITE 544f AT SITE OWN- LOCUST CENTER LTD BRUCE GERLEMAN 505 LOCUST STREET SUITE 150 DES MO I NES, 101AIA 5050ci PHONE : 515 244-1005 E-MAIL : SAVETHEPLANETg AOL.COM ELEV 845 x 845.52 SOUTH LINE SET/4 SECTION 12-T88N-R13W 4V W 845.50x 20" WATER MAIN PER WATERLOO WATER WORKS S A A TOTAL SITE SUILDING PAVING I SLAND'S SIDEWALKS POND LANDSCAPING TOTAL SITE AREA 5.46 AC 150,652 SF T,815 SF 56,4%r7 I CF 1,52-7 CF 1,46-7 CF 20,0g12 CF 82,ci82 CF 150,652 CF STORM I'IATER OUTFLO10•I STRUCTURE ELEV 84-7 EMERGENCY OVERFLOW ELEV 014c1 845.67 845.15x CUTL TS V FLOW LINE ELE BAKE OW PRE 845.35 845.21 =45 45 WITH TER O N88°45'04"E x 845.4 W x 845.16 x 845.14 COPYRIGHT INFORMATION AYERS DESIGN GROUP SHEET DESCRIPTION © 2OI01 Ayers Design Group, LLG. of Issuance 11 CD (7) Ca 2 0) O 2 CZ C 0 C3 (0 Ci3 co (n (1) III! ELI III II<1( kno IIIV I� <IC Uf- III II III SITE PLAN (01 ELI 1 Page 107 of 181 ®ST V OR T M PARK ENTRANC.E :)RIVE SSO' "EST 5 R7 ®- TA 7 TURN AIE T® TLiEME PARK FELI SCALE: I "=30'-O" 4 ,,11.2.3 II x 846.43 848.56 x 846.56 x 846.51 x 846.46 x 846.25x 846.01 x 846.38 x 846.50 x 846.56 x 846.62 x 846.60 x 846.72 x 0 co 0 846.95 846.81 x 846.95 x 848.97 x BENCHMARK 846,78x SET RAILROAD SPIKE ON EASE SIDE OF TREE ROOT ELEV.=847.83 x 846.55 FL845.76 cn 847.50 846.76 846.73 x 845.49 C 847.29 847.12 847.72 847.66 x x 847.76 847.66 x x 847.62 847.11 8c18.' 6"E 846.88 x 46.97 848.12 846.10 x 5T a x 848.48 846.17 x 846.84x-$47 1y 848.85 L 847.:709 348 x �,��, o 849.x- 84 $4g 21 _ _ N � '\ 849. ~+ x849.60 a 850.17 350 846.07 x 849.92 I NAr C�RAD I NAP 849.83 x 845.94 x 845.76 6 x 845.60 845.99 x 846.28 x 846.25 846.06 RM8 FL8 .7+ x 846.27 4.17{N,S; 845.92 x 845.75 x x 845.67 x 845.59 x 845.71 x84`:r x 845.78 845.84 x 845.55 x 845.82 x 845.63 •A- EL GROSS A: ' =3.:. ACRES± CLUD " R/W) NET °-EA-•.46 ACRES± {EX UDES R/W) NO BUILDINGS ON S 845.40 x 845.55 x 845.91 10 2- T88N-R 'INI5- OR V a51.5 x 845.34 x84.�3 NORTH R/W INE E. S ILUHA S x 84fi.16 I `� L84 x 845.78 weft AtimmarD �_ ,�,�_� 849.50x x1346,5 849.89 x 846.66 849.92 850.5,5 849.92 x 845.40 x 845.69 654.6o FOG LINE 850.20 °45'04"E 850,70 C4? -D Q/n 45.5\ x 845.32 851.42 W��w Iw n45b.97 `. .R.r,Y. ER 1 844.78x 844.94 12 13 4 16 17 ALTA/NSPS LAND TITLE SURVEY 845.71 x 845.50 x 844.81 x 850.5� �• 851.•7. RF1 RF -r- x 845.59 x 845.61 IN SE1/4 SE1/4 SECTION 12-T88N-R13W BLACK HAWK COUNTY, IOWA \ 5 ori O LEGEND = 5/8 Inch X 16 Inch iron stake m( (capped SJT 13147)-Placed = Iron stake monument -Found = Items in Schedule B - = Water Main - S - = Sanitary Sewer - ST - = Storm Sewer - G - = Gas Main - UT - = Underground Telephone - X - = Chain Link Fence = Hand Hole = Culvert 00® = Manholes -1272- = Elevation Contour Line 1271.23 = Spot Elevation RM1270.89 = Rim Elevation FL1262.34 = FlowLine Elevation = Deciduous Tree = Concrete Surface = Grave! Surface \ ®® CONTW NOTES 51TE 15 IN ®® ZONE A E. SHAULIS ROAD x 845.29 845 59 04 x 845.33 x 845.59 x 845.46 844.70 x 5 fi STORM T NT1ON ®V R ® EEVATION A 550 5 fi 4 T SAS1N EEVATION AT S41 OU-',®\ PIPE TO -AVE5A K ",® PR V NTOR 5 7 5U1 INS �INIS I E EVATION AT SS1.S N� NOTES XISTIN6 VRAE SSS.5 AV RA S MOV ANW REUSE TOPSO , XISTIN& 6RA 'OR 545' T P®N VO,UME 112,424 51T 'I 11RT R OUIR! 50S,4 1 IMPORT REOUIRE 151,0111 STORM - NT I ON CAPA 1 TY 15 "ROM S45 T P ®' "ATER TO S4 ® X R®/ '? STORM "ATER C-AFAC.17Y 131,321 c SOUTH LINE SE1/4 SECTION 12-T88N-R13W w 845.50 x 20' WATER MAIN 845.15 845.21 si es x 845.35 x 845.43 w x 845.16 I 1 1 1 1 1 1 1 1 1 1 1 I x845,14 N88°45' COPYRIGHT INFORMATION III! Eui III III X kki kno to <IC II III II / IIELI -11 <Tc Oe , © 2OI01 Ayers Design Group, LLG. of Issuance SHEET DESCRIPTION SCHEMATIC GRADING PLAN 1 Page 108 of 181 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 • • • • • • ♦ I I I I I I I I I I I I GRASS SECURITY FENCE i' OUT17GfOR GRAS AREA i i i • • • -- ♦ ♦ —i i ♦♦ `i \ \ ♦ ♦ \ \ ♦ \\ SECURIT FEN ♦ ♦ \ \ ♦ \ \ ♦ '\ ♦ `\ OUTDOOR PATI O • ON PEA GRAVEL ` `\ I,I622F \ , \44 \,\ \ \ ♦ \\ \4. OUTDOOR -J PATIO PAVERS 1005 SF -\\ • 41D0' • \ 717c., ♦ ♦ • \\ ♦ ♦ • SIDEWALK COOLER SSS SF 52 SEATS SPQR BAR 550.5 551 WAITING 615 SF 1Mil 1• FAMI EST WALK PATH AROUND POND WOMEN 550 DINING 1,110 SF 012 SEATS COOLER GRASS 6001 SF 54 SEATS LANDSCAPING GREASE 0 TAINER 551 b.4. 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INTERNALLY ILLUMINATED S I GNAGE FOR ALUMINUM FRAME CLEARSTORY WINDOWS WASHINGTON STREET ‘.IIW NPTIIIII 1• 1 M 1 is 3 i . • ULi7 m -I • 1 - - ETA `J A.T� n CO Q 1 c0 7 1 - I 7 lb \ 1 FULL DOORS GLASS TO PATIO ALUMINUM OVERHEAD SECTIONAL BAR SQUT 'M STEL--VAT 1 0 \ (EAST S—AUL I S ROAD) ,1ci NQRT= AST 'LEVATON (VASHNTO\ STREET) SCALE: 3/16"= I'-O" SCALE: 3/16"= I'-O" STANDING SEAM METAL HARDIE BOARD RAKE I COLOR DARK GREY ROOF PANEL COLOR — GALVALUME — FIBER CEMENT LAP SIDING PAINTED HARDIE BOARD TRIM COLOR DARK GREY COLOR WHITE (HARDIE BOARD SIDING) 1" INSULATED GLASS WITH CLEAR ANODIZED ALUMINUM FRAME CORRUGATED METAL WAINSCOT COLOR CLEAR GALVANIZED STEEL — S" CONCRETE BASE — 5/4 HARDIE BOARD TRIM COLOR DARK GREY C MIL 11. L. i 1 \ -1 SCUT —EAST —L=VAT I ON (-AST S—AJL 1 S ROAD AND US 2 Is I NT RSECT ON) SCALE: 3/16"=1'-O" PRE FINISHED 22 GA STEEL. RE FINISHED 24 GA 5/4 HARDIE BOARD RAKE — METAL WALL PANELCOLOR ALUMINUM METAL PANEL �— - DARK GREY — HORIZONTAL PROFILE MR 16 WOOD GRAIN TRIM —J COLOR BUTCHER CHARCOAL SHOP GREY PHOTO COLOR CHERRY WOOD FIBER CEMENT LAP COLOR WHITE (HARD SIDING PAINTED I BOARD SIDING) MOUNTED IN ALUMINUM I" INSULATED GLASS WITH CLEAR I" INSULATED GLASS WITH CLEAR WINDOW FRAME ANODIZED ALUMINUM FRAME ANODIZED ALUMINUM CORRUGATED METAL FRAME WAINSCOT COLOR CLEAR GALVANIZED STEEL 5" CONCRETE BASE 5/4 HARD I BOARD TRIM COLOR DARK GREY Ald=ft - 1 1 1 Al \O T= EST ELEVAT 1 ON (FAKN LOT) SCALE: 3/16"=1'-0" 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COPYRIGHT INFORMATION SHEET DESCRIPTION 1 7 7 ELEVATIONS © 2019 Ayers Design Group, LLG. -45 CD CD �tn.co L O CD CD co 0 -CD_ CZ CO CZ CO n)� 11 ►►1II VI (N y N Z I r y I s O �e A AL A2.I 1 Page 111 of 181 81 Page 113 of 181 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): Address: Phone: Fax: City: State: Zip: Email: b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: Requested zoning: f. Reason(s) for rezoning and proposed use(s) of property: g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Owner Date Page 114 of 181 CITY OF WATERLOO Council Communication Request by A -Line EDS to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District for additional storage yard area, in conjunction with a previously approved 24,000 square foot warehouse and maintenance facility located west of 722 Dearborn Avenue. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ Council P acket Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a request by A -Line EDS to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District for additional storage yard area, in conjunction with a previously approved 24,000 square foot warehouse and maintenance facility located west of 722 Dearborn Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is the request by A -Line EDS to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District for additional storage yard area in conjunction with a previously approved 24,000 square foot warehouse and maintenance facility located west of 722 Dearborn Avenue. The Planning and Zoning Commission unanimously recommended approval of this request at their November lst, 2022 meeting. The site is predominately surrounded by vacant lots and residences with the existing A -Line EDS facility and mini storage company. Rezoning of the property to "C-1,C-Z" would not appear to have a negative impact on the area as the area is currently zoned for commercial uses, and the lot would go with the area to the south which was rezoned from "C-1" to "C-1,C-Z" on Page 115 of 181 June 14, 2022. Neighborhood Impact: Data/Analysis and Strategies: Community Methods: Expenditure Funds: Engagement Required/Source Legal Descriptions: The proposed rezone area is currently zoned "C-1" Commercial District and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Residences and vacant land, zoned "C-1" Commercial District. South — Canadian National Railroad and Dubuque Road and ALine EDS approved site zoned "C-1,C-Z" East — One single-family dwelling, zoned "C-1" Commercial District. West — Canadian National Railroad and Dubuque Road and one single- family dwelling, zoned "C-1" Commercial District. The "C-Z" Conditional Zoning classification works to allow uses in unique locations or transitional sites between different land uses. Staff is in support of the request as the fence will provide a buffer between the warehouse and the residential properties. At Tech Review, Knutson noted a drainage plan has been submitted and is being reviewed by the Engineering Department. Therefore, staff recommends the request by A -Line EDS to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District for additional storage yard area in conjunction with a previously approved 24,000 square foot warehouse and maintenance facility located west of 722 Dearborn Avenue, be approved for the following reasons: 1. The request would not have a negative impact on traffic conditions in the area. 2. The request would not have a negative impact on the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Land Use plan. Zoning, Land Use and Economic Development. Notice was sent to all properties within 250 feet of the proposed rezone and there has been no opposition. of None Lot No. 39 in Sunshine Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 116 of 181 November 1, 2022 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by A -Line EDS to rezone approximately 0.55 acres from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District for additional storage yard area in conjunction with the proposed 24,000 square foot warehouse and maintenance facility located west of 722 Dearborn Avenue. A -Line EDS Inc., 808 Dearborn Avenue, Waterloo, Iowa, 50703 The applicant is requesting to rezone the site in question to allow for the construction of a fence near the property lines abutting the residences at 702 Dearborn and 722 Dearborn Avenue, and to expand the previously approved storage yard onto the property in question. The site is predominately surrounded by vacant lots and residences with the existing A -Line EDS facility and mini storage company. Rezoning of the property to "C-1,C-Z" would not appear to have a negative impact on the area as the area is currently zoned for commercial uses, and the lot would go with the area to the south which was rezoned from "C-1" to "C-1,C-Z" on June 14, 2022. The site in question is served by Rooff Avenue which is considered a local street. There are no sidewalks along Rooff Avenue or Dearborn Avenue. The Cedar Valley Lakes Trail is 0.6 miles to the south of the area to be rezoned. The proposed rezone area is currently zoned "C-1" Commercial District and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Residences and vacant land, zoned "C-1" Commercial District. South — Canadian National Railroad and Dubuque Road and A - Line EDS approved site zoned "C-1,C-Z" East — One single-family dwelling, zoned "C-1" Commercial District. West — Canadian National Railroad and Dubuque Road and one single-family dwelling, zoned "C-1" Commercial District. C-1 to C-1,C-Z south of 722 Dearborn Ave Page 1 of 6 Page 117 of 181 November 1, 2022 DEVELOPMENT HISTORY: The area is composed of primarily vacant land with a few residences built between 1929 and 1980 and Cedar Valley Mini Storage to the east built in 2004, and several industrial uses. C-1 to C-1,C-Z south of 722 Dearborn Ave Page 2 of 6 Page 118 of 181 November 1, 2022 BUFFERS/ There would be screening required along the west and east SCREENING: property lines to separate the residential uses from the warehouse. A 6' fence would be required between these uses. DRAINAGE: A drainage plan is required in relation to this request. FLOODPLAIN: The area to be rezoned is located within Zone AE, 100-year floodplain, which is a special flood hazard area as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 11, 2011. Canadian National Railroad C-1 to C-1,C-Z south of 722 Dearborn Ave Page 3 of 6 Page 119 of 181 November 1, 2022 PUBLIC /OPEN Highland Elementary School is located approximately 0.4 miles to SPACES/ SCHOOLS: the north of the site in question. East High School is located 1.5 miles to the northwest. UTILITIES: WATER, SANITARY SEWER, STORM SEWER RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: A 36" Sanitary Sewer line is located within Rooff Avenue. Power lines are located along Rooff Avenue and Dearborn Avenue. The Future Land Use Map designates this area as Industrial. This rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The "C-Z" Conditional Zoning classification works to allow uses in unique locations or transitional sites between different land uses. Staff is in support of the request as the fence will provide a buffer between the warehouse and the residential properties. At Tech Review, Knutson noted a drainage plan has been submitted and is being reviewed by the Engineering Department. Picture 1: Looking at previous rezone area with new rezone lot located to the left of the a -frame shed. C-1 to C-1,C-Z south of 722 Dearborn Ave Page 4 of 6 Page 120 of 181 November 1, 2022 Picture 2: 722 Dearborn. Picture 3: Lot proposed for rezoning. C-1 to C-1,C-Z south of 722 Dearborn Ave Page 5 of 6 Page 121 of 181 November 1, 2022 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: There is no platting required for this request. Therefore, staff recommends the request by A -Line EDS to rezone approximately 0.55 acres from "C-1" Commercial District to "C-1,C- Z" Conditional Zoning District for additional storage yard area in conjunction with the proposed 24,000 square foot warehouse and maintenance facility located west of 722 Dearborn Avenue, be approved for the following reasons: 1. The request would not have a negative impact on traffic conditions in the area. 2. The request would not have a negative impact on the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Land Use plan. C-1 to C-1,C-Z south of 722 Dearborn Ave Page 6 of 6 Page 122 of 181 City of Waterloo Planning, Programming and Zoning Commission November 1, 2022 -R-3—WILLOW ST _—ALBANY S T—C-- I ; C-Z U I w co/MARTINLUTHERKING,-JRrO R-3;R=P— � C� R-3, R-P 0 �¢ x VINE ST-��0 0 II 0 M-1 J j-PROSPECTAVE-z GLENWOOD ST I I N 3 I ALTA VI STA AVE ¢ -C2 II R2 R-3 ,Cr1 C-1 �� MADISON ST IVI-1J M-1 ;FOWLER ST MONROE ST R-2;C-Z IR-2,C7Z C-2 C-2 MULBERRY ST- M=2 M--1 M-2,"74 -1\ J-- ,97- �� R-4, R- %S�n... Do FST Rr1,R-P Ii0 U 0 0 Q sC sC j 00 � z 0 U `1—DEARBORNAVE A-1 NORTHFAY DR 0 1 M-1 0 J R-3 EtOE)k)R 14.1 0 si z) �'4 W ORA DR L (I TC-2 T M=1 C-2I Al-1 INDEPENDENCE AVE_ ARK AVE I BURNSIDEAVE R-3 O_CLIFTONAVE [ DREW AVE ERIC AVE r1NITOBAAVE m 1-- 0 st 0 0 C=1 I` .,R=2; C-Z cI yT `ST. F A-1 R'2,C=Z•Cv1 C-Z M /Ml-2,P A-1 A-1 I A-1 A-1 AI J 1 A-1 ( r MULBERRY ST A-1 A-1 0 A-1� ARBORLN Q,5 l BUTLER AVE- 73 o —o—y R-1, z = R-P = U C 1'C�Z SIITnLtrCALHOUN —SHULTZ SIT— R-2 C-Z ROOSEVELT ST ¢ W R-2 W ANN ST ¢ W Q —FULTON ST—= J m i i i 11400. A-1 West of 722 Dearborn Rezone from "C-1" to "C-1, C-Z" A -Line EDS Page 123 of 181 City of Waterloo Planning, Programming and Zoning Commission November 1, 2022 West of 722 Dearborn Rezone from "C-1" to "C-1, C-Z" A -Line EDS Page 124 of 181 r 1 Y:\Projects\4922.021\YTT Design-ALINE.dwg, D.01, 10/18/2022 5:36:15 PM, LisaBurch, Adobe PDF, Tabloid, 1:1 E'LY EDGE FL00DWAY BOUNDARY PROPERTY LINE FLOOD PLAIN MANAGEMENT SITE IS LOCATED WITHIN THE 100-YR FLOODPLAIN. SITE WILL BE DEVELOPED IN COMPLIANCE WITH THE PROVISION'S OF THE CITY'S FLOOD PLAN MANAGEMENT ORDINANCE. BASE FLOOD ELEVATION 100-YR = 844.3 LOWEST FINISHED FLOOR ELEVATION MUST BE MINIMUM 1-FOOT ABOVE BASE FLOOD ELEVATION ELEVATION CERTIFICATES FOR EACH INDIVIDUAL STRUCTURE SHALL BE PROVIDED PRIOR TO OCCUPANCY. co \\\ \\\ \\ \ \\\ \\ \\\\\\V A\ \\\\ STORMWATER SYSTEM SEE UTILITY PLAN 845- ���• �Z ��r� i � i COL AVA ar • �•_�• . G -• • �•• �•• glIr Or Mr 4bege,142 moo• • •itaitaitoulaitourz• • .. • :4'_ gadulp • • R eiff orz • • i �vN\\ \\\ \N\ \\\ \\ \\\\ \ \\\\\\ \ \\\ \\ \\\\ \\ \\NN \\\ ELECTRIAL TRANSFORMER WITH PCC PAD sr— / $r el� \8 4 ....14GRAVEL -i • g•a w bJ • • • • • •440* ..•..•..• •..•..•.. 111111•4041 6, G • • ,• o•-•-•- wow *7 r - • • •z• ••- pvaeadkpaeatta GRAVEL Z»< PCC DRIVEWAY PCC DRIVEWAY i 0 FEET 50 GATE FENCE AROUND SITE PERIMETER WITH GATED ACCESS D PCC PARKING WITH VAN ACCESSIBLE ADA STALL ,0 0 O UTILITY CONNECTIONS SEE UTILITY PLAN - DRAWN BY: JOE DIGMAN APPROVED BY: LISA BURCH �Tr DESIGN SOLUTIONS age 125 ni S18 aAY. TODAY. TOMORROW. A -LINE WATERLOO, IOWA SITE PLAN D.01 DATE: 10/1812022 FILE: 0:IPROJECTS14922.02111T1 DESIGN-ALINE.DWG NO. REVISION DESCRIPTION APPROVED DATE APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): A - L, COS Address: ^-% Avg Phone: C.3 iV )-1•a-,3Zgq Fax: C3 l9) 235-'7U 32 City: We l leo State: Zip: 5o'703 Email: b de.j"n E'�4-S ter, b. Status of applicant: (a) OwnerO( (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: do A —73-7— R��k- A— b. Legal description of property to be rezoned: c. d. e. f. g• 103. Lot 291 Svrrsht SvA6cLit1,'s,r,i,, In Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 50' k t 2-1, ' Area of Proposed Zoning Boundary (Excluding Right of Way): - 14 Act 5 Current zoning: C I Requested zoning: ry 'Z Reason(s)�for rezonin and proposed usecs�)^ of pro erty: We- are_ coy-wt.3.,6 j A29, c :Ty.. -II- 1 a+karlo,.x. av% `irk iru 7Iboff L Io a ct cc new' Qto-hrU'Re car. I.+ 3r — bell y 0.1 srzo/lv. , ar -7:1.D- (oYc,-, Conditions if a'ft y) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The fling fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Conunission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. tO—ID '4o» ignature of Applicant Date S nature of Owner Date Page 126 of 181 CITY OF WATERLOO Council Communication Amendment No. 3 to the Rath Urban Renewal and Redevelopment Plan, to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan. City Council Meeting: 12/5/2022 Prepared: 11/22/2022 ATTACHMENTS: Description ❑ Rath TIF Amendment 3 2022 ❑ Rath Urban Renewal Amendment 3 Aerial SUBJECT: Submitted by: Recommended Action: Type Backup Material Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming, and Zoning Commission. Resolution affirming previous determination of an area of the City to be an area of slum and blight and 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 amendment. Motion to receive, file, consider and pass for the first time an ordinance providing that the general property taxes levied and collected each year on all property located within the newly described Rath 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 Approval Staff is proposing an expansion of the Rath Urban Renewal and Redevelopment Plan and TIF District. The expansion presents a proposal for the improvement and location of commercial and industrial development and provides for public improvements in order to increase the tax base and employment opportunities in the Rath area. The expanded area includes areas along Dubuque Road between Colorado Street and N Evans Road, as well as a parcel along Lafayette Street. The current taxable values of these Page 127 of 181 S ummary S tatement: areas would be part of the "base" that continues to go to all taxing entities, and only new increment value from any future taxable improvements would be collected as increment by the TIF district. The amendment also includes updates to urban renewal projects and project budgets, and to updated related financial summaries of bonding capacity. Amendments to a TIF Plan require a consultation with taxing entities, which was held on November 18th. The Planning, Programming and Zoning Commission unanimously recommended approval of the proposed amendment at their regular meeting on October 11, 2022. Data/Analysis and Strategies: Economic Development, Strategic Plan Policies 1, 3 and 4. Expenditure Required/Source of None Funds: Attachment B RATH URBAN RENEWAL AND REDEVELOPMENT PLAN AREA LEGAL DESCRIPTIONS Original area (1990) (Original Subarea) Beginning at the point of intersection of the centerline of East Eleventh Street and the Northerly bank of the Cedar River, thence Northeasterly along the centerline of East Eleventh Street to its intersection with the centerline of Franklin Street, thence Southeasterly and Easterly along the centerline of Franklin Street to its intersection with the centerline of Vinton Street, thence Southerly along the centerline of Vinton Street to its intersection with the centerline of Sycamore Street, thence Southeasterly along the centerline of Sycamore Street to its intersection with the centerline of Dunham Place, thence Southerly along the centerline of Dunham Place and an extension of the centerline of Dunham Place to its intersection with the Cedar River, thence Northwesterly along the Northerly bank of the Cedar River to the point of beginning. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) Beginning at the intersection of the centerline of Nevada Street and Lafayette Street, thence Southeasterly along the centerline of Lafayette Street to the centerline of Glendale Street, thence South along the centerline of Glendale Street and an extension thereof, to the point where said extension would intersect the extension Easterly of the centerline of Hawthorne Avenue, thence West along the extension of the centerline of Hawthorne Avenue and the centerline of Hawthorne Avenue to the centerline of northbound Washington Street, thence Northwesterly along the centerline of northbound Washington Street to the centerline of West 12th Street, thence Northeasterly along the centerline of West 12th Street and its extension Northeasterly to the Page 128 of 181 Legal Descriptions: Southerly line of the Cedar River, thence Northwesterly along the Cedar River to centerline of West 11th Street, thence Northeasterly across Cedar River along the centerline of 11th Street bridge and continuing Northeasterly along the centerline of East 11th Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to the centerline of East 7th Street, thence Northeasterly along the centerline of East 7th Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of Westbound Martin Luther King Jr. Drive, thence Northeasterly following said Westbound centerline to the centerline of South Barclay Street, thence South along the centerline of South Barclay Street to the centerline of Martin Luther King Jr. Drive, thence Northeasterly along the centerline of Martin Luther King Jr. Drive to the centerline of Linden Avenue, thence South along the centerline of Linden Avenue to the centerline of the Canadian National Illinois Central Railroad, thence following said railroad centerline to the centerline of Nevada Street, thence South along the centerline of Nevada Street to the point of beginning. Amendment No. 2 area (2009) (Amendment No. 2 Subarea) That part of Sections 29, 30, 31 and 32 in Township 89 North, Range 12 West of the 5th Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Commencing at the intersection of the centerline of Lafayette Street and the centerline of Glendale Street; thence South along the centerline of Glendale Street to its intersection with the centerline of the existing spur line of the Canadian National Railroad, said point also being the Point of Beginning; thence continuing South along the platted, now vacated centerline of Glendale Street to the point of intersection with the Northeasterly line of the Cedar River; thence Southeasterly following the Northeasterly line of the Cedar River to its intersection with the East line of the City of Waterloo Corporate Limits (as now established in Section 32, Township 89 North, Range 12 West); thence North following said Corporate Limit line to the Southerly line of Dubuque Road; thence Northwesterly following the Southerly line of Dubuque Road to its intersection with the East line of Block 8 of Blowers Addition; thence South along the East line of said Block 8 to the most Southerly comer of Lot 19 Block 8 said addition; thence South to the most Northeasterly comer of Lot 9 Block 17 Blowers Addition; thence South along the East line of said Block 17, and an extension thereof to the Southerly line of Lafayette Street; thence Northwesterly along the Southerly line of Lafayette Street to the Southeasterly line of Block 2 Kahler's Addition; thence Southwesterly along the Southeasterly line of Block 2 Kahler's Addition to the centerline of the existing spur line of the Canadian National Railroad; thence Northwesterly along said railroad line to the Point of Beginning. Amendment No. 3 area (2022) (Amendment No. 3 Subarea) Beginning at the intersection of the East line of Block 8 of Blowers Addition Page 129 of 181 and the Southerly right-of-way line of Dubuque Road; thence Northwesterly along said Southerly right-of-way line to its intersection with the West line of said Block 8; thence Northwesterly to the Northeast comer of Lot 30 of Block 9 of Blowers Addition; thence West along the North line of said Block 9 to the Northwest comer of Lot 1 of said Block 9; thence Northwest to the Southeast corner of Lot 16 of Block 5 of Blowers Addition; thence North along the East line of said Block 5 to a point on the East line of Lot 18 of said Block 5 that is 20 feet South of the Northeast corner of said Lot 18; thence Northwesterly to a point on the North line of said Lot 18 that is 10 feet West of the Northeast corner of said Lot 18; thence Northwesterly to the Northwesterly comer of the parcel described by Warranty Deed to the City of Waterloo recorded in Book 570 of City Lot Deeds, Page 92; thence Northwest to a point on the West line of Lot 21 of said Block 5 that is 6.1 feet South of the Northwest corner of said Lot 21; thence Northwest to the Southeast corner of Lot 7 of said Block 5, also being a point along the Southerly right-of-way line of Dubuque Road; thence Northwesterly along said Southerly right-of-way line to its intersection with the centerline of Colorado Street; thence North along the centerline of Colorado Street to the centerline of French Street; thence East along the centerline of French Street to the centerline of Arizona Street; thence South along the centerline of Arizona Street to the centerline of Archer Avenue; thence West along the centerline of Archer Avenue to the Northerly line of the Canadian National Illinois Central Railroad; thence Southeasterly along said Northerly line to its intersection with the Northerly line of Sunshine Subdivision; thence East along said Northerly line of Sunshine Subdivision to the Northeast corner of Sunshine Subdivision, said point also being on the Westerly right-of-way line of the former Chicago Central and Pacific Railroad; thence North along said former Westerly right-of-way line to a point that is90.7 feet South of the North line of the Southwest'/4 of the Northeast'/4 of Section 30, T89N, R12W; thence Northeasterly to a point on the Easterly line of said former Railroad right-of-way that is 48.72 feet South of the North line of the Southeast'/4 of the Northeast'/4 of said Section 30; thence North along the Easterly line of said former Railroad right-of-way to a line that is 33 feet South of and parallel with said North quarter -quarter line; thence East along said parallel line to the East line said Section 30; thence South along said East line to the centerline of Ann Street; thence East along the centerline of Ann Street to the centerline of Creston Avenue; thence South along the centerline of Creston Avenue to the centerline of Fulton Street; thence East along the centerline of Fulton Street to its intersection with a Northerly extension of the East line of Lot 4 of Block 8 of Auditor Rainbows Plat of Maywood Second Filing; thence South along said Northerly extension and the East line of said Lot 4 and a Southerly extension of the East line of said Lot 4 to the Northeast corner of Lot 21 of said Block 8; thence West to the Northwest corner of said Lot 21; thence South along the West line of said Lot 21 and a Southerly extension of the West line of said Lot 21 to the Southerly line of Wyandotte Street; thence Westerly along the Southerly line of Wyandotte Street to the Northerly line of the Canadian National Illinois Central Railroad; thence Southeasterly along said Northerly line to the North line of Section 32, T89N, R12W; thence East along the North line of said Section 32 to the centerline of North Evans Road; thence South along the centerline of North Evans Road to its intersection with an Easterly line of the City of Waterloo Corporate Limits (as now established in Section 32, T89N, Page 130 of 181 R12W); thence Northwesterly and Southerly following said Corporate Limit line to the Southerly line of Dubuque Road; thence Northwesterly along the Southerly line of Dubuque Road to the Point of Beginning. And also, that part of Lot 19 of Auditor's consolidated Plat lying Northeasterly of the centerline of the spur line of the Canadian National Railroad, except the Northwest 68 feet of the Northeast 180 feet of said Lot 19, and except the Southeast 60 feet of the Northeast 180 feet of said Lot 19. Page 131 of 181 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO RATH URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On November 19, 1990, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 3749 and Resolution No. 1990-644, determining that certain areas (the "Original Area") located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Rath Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa (the "Plan"). B. On June 14, 2004, the City Council adopted Ordinance 4697 and Resolution No. 2004-372, to amend the Plan by extending the property included therein (the "Amendment No. 1 Area"), and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes. C. On July 6, 2009, the City Council adopted Ordinance 4949 and Resolution No. 2009-633, to amend the Plan by extending the property included therein (the "Amendment No. 2 Area"), and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes. D. The City desires to amend the Plan again to enlarge the area included therein (the "Amendment No. 3 Area") and to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Rath Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A, B, C, and D to the Plan are hereby stricken in their entirety, and the new Attachments A, B, C and D which are attached hereto are substituted in their place so that the Plan shows current map (Attachment A), legal description (Attachment B), information about bonding capacity (Attachment C) and project budgets (Attachment D). 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption Page 132 of 181 of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning Commission recommendation) Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment K (ordinance adopting amended TIF district) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2022. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 133 of 181 IIIH Attachment "A" - Rath Area T.I.F. District Expansion Boundary Map 1 1 11111 I U 11111 1111111111 I1111111P H 11111111 PLEASE NOTE: 111111111111 H11111111111 1111111111111 HHH111111 11111111111 I 11111111111111 IIIII 111II1I 111111111111[1 ( I IIIIII 111111111 11111111 111111111111 BASE MAP DATA SOURCE IS BLACK HAWK COUNTY. THIS MAP DOES NOT REPRESENT A SURVEY, NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA DELINEATED HEREIN EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY, THE BLACK HAWK COUNTY ASSESSOR, OF THEIR EMPLOYEES. THE CITY OF WATERLOO MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS MAP, AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY THEREOF. USERS SHOULD REFER TO OFFICIAL PLATS, SURVEYS, RECORDED DEEDS, ETC. LOCATED AT THE BLACK HAWK COUNTY ASSESSOR'S OFFICE FOR COMPLETE AND ACCURATE INFORMATION. I-IIIIII-hI I 1 I I I-h I I I I I I I I I I I I II II 1111 1111 HIII 111111,LI 11111111 U11111 IIIIH H 11111 H11111 111111 11111 I11 11111H III I III I I 11111111 h I111111 H IIIIH 1111111111111 1 111111 I I IIIIIII I II H111111I I 111111111111 1111111111111 1111111111 III 1111111111111 HI H11 11 1 1 11111111 1111111111 1111111111 111111111 11111111 1111111 H 1111111111 1111111111 1 1 1 11111 1 �� � ���������1„ HIII■I ` � V III 1,750 Feet Attachment "A" - Rath Area T.I.F. District Expansion Boundary Map Zoom II MI!' French St PLEASE NOTE: Proposed Expansion BASE MAP DATA SOURCE IS BLACK HAWK COUNTY. THIS MAP DOES NOT REPRESENT A SURVEY, NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA DELINEATED HEREIN, EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY, THE BLACK HAWK COUNTY ASSESSOR, OF THEIR EMPLOYEES. THE CITY OF WATERLOO MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS MAP, AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY THEREOF. USERS SHOULD REFER TO OFFICIAL PLATS, SURVEYS, RECORDED DEEDS, ETC. LOCATED AT THE BLACK HAWK COUNTY ASSESSORS OFFICE FOR COMPLETE AND ACCURATE INFORMATION. ( IA Existing Rath Urban -Renewal IIIIIJ nln Slt- 708 354 0 708 Feet w Attachment B RATH URBAN RENEWAL AND REDEVELOPMENT PLAN AREA LEGAL DESCRIPTIONS Original area (1990) (Original Subarea) Beginning at the point of intersection of the centerline of East Eleventh Street and the Northerly bank of the Cedar River, thence Northeasterly along the centerline of East Eleventh Street to its intersection with the centerline of Franklin Street, thence Southeasterly and Easterly along the centerline of Franklin Street to its intersection with the centerline of Vinton Street, thence Southerly along the centerline of Vinton Street to its intersection with the centerline of Sycamore Street, thence Southeasterly along the centerline of Sycamore Street to its intersection with the centerline of Dunham Place, thence Southerly along the centerline of Dunham Place and an extension of the centerline of Dunham Place to its intersection with the Cedar River, thence Northwesterly along the Northerly bank of the Cedar River to the point of beginning Amendment No. 1 area (2004) (Amendment No. 1 Subarea) Beginning at the intersection of the centerline of Nevada Street and Lafayette Street, thence Southeasterly along the centerline of Lafayette Street to the centerline of Glendale Street, thence South along the centerline of Glendale Street and an extension thereof, to the point where said extension would intersect the extension Easterly of the centerline of Hawthorne Avenue, thence West along the extension of the centerline of Hawthorne Avenue and the centerline of Hawthorne Avenue to the centerline of northbound Washington Street, thence Northwesterly along the centerline of northbound Washington Street to the centerline of West 12th Street, thence Northeasterly along the centerline of West 12th Street and its extension Northeasterly to the Southerly line of the Cedar River, thence Northwesterly along the Cedar River to centerline of West 11 th Street, thence Northeasterly across Cedar River along the centerline of 11th Street bridge and continuing Northeasterly along the centerline of East 11 th Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to the centerline of East 7th Street, thence Northeasterly along the centerline of East 7th Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of Westbound Martin Luther King Jr. Drive, thence Northeasterly following said Westbound centerline to the centerline of South Barclay Street, thence South along the centerline of South Barclay Street to the centerline of Martin Luther King Jr. Drive, thence Northeasterly along the centerline of Martin Luther King Jr. Drive to the centerline of Linden Avenue, thence South along the centerline of Linden Avenue to the centerline of the Canadian National Illinois Central Railroad, thence following said railroad centerline to the centerline of Nevada Street, thence South along the centerline of Nevada Street to the point of beginning. Page 136 of 181 Amendment No. 2 area (2009) (Amendment No. 2 Subarea) That part of Sections 29, 30, 31 and 32 in Township 89 North, Range 12 West of the 5th Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Commencing at the intersection of the centerline of Lafayette Street and the centerline of Glendale Street; thence South along the centerline of Glendale Street to its intersection with the centerline of the existing spur line of the Canadian National Railroad, said point also being the Point of Beginning; thence continuing South along the platted, now vacated centerline of Glendale Street to the point of intersection with the Northeasterly line of the Cedar River; thence Southeasterly following the Northeasterly line of the Cedar River to its intersection with the East line of the City of Waterloo Corporate Limits (as now established in Section 32, Township 89 North, Range 12 West); thence North following said Corporate Limit line to the Southerly line of Dubuque Road; thence Northwesterly following the Southerly line of Dubuque Road to its intersection with the East line of Block 8 of Blowers Addition; thence South along the East line of said Block 8 to the most Southerly corner of Lot 19 Block 8 said addition; thence South to the most Northeasterly corner of Lot 9 Block 17 Blowers Addition; thence South along the East line of said Block 17, and an extension thereof to the Southerly line of Lafayette Street; thence Northwesterly along the Southerly line of Lafayette Street to the Southeasterly line of Block 2 Kahler's Addition; thence Southwesterly along the Southeasterly line of Block 2 Kahler's Addition to the centerline of the existing spur line of the Canadian National Railroad; thence Northwesterly along said railroad line to the Point of Beginning. Amendment No. 3 area (2022) (Amendment No. 3 Subarea) Beginning at the intersection of the East line of Block 8 of Blowers Addition and the Southerly right-of-way line of Dubuque Road; thence Northwesterly along said Southerly right-of-way line to its intersection with the West line of said Block 8; thence Northwesterly to the Northeast corner of Lot 30 of Block 9 of Blowers Addition; thence West along the North line of said Block 9 to the Northwest corner of Lot 1 of said Block 9; thence Northwest to the Southeast comer of Lot 16 of Block 5 of Blowers Addition; thence North along the East line of said Block 5 to a point on the East line of Lot 18 of said Block 5 that is 20 feet South of the Northeast corner of said Lot 18; thence Northwesterly to a point on the North line of said Lot 18 that is 10 feet West of the Northeast corner of said Lot 18; thence Northwesterly to the Northwesterly corner of the parcel described by Warranty Deed to the City of Waterloo recorded in Book 570 of City Lot Deeds, Page 92; thence Northwest to a point on the West line of Lot 21 of said Block 5 that is 6.1 feet South of the Northwest corner of said Lot 21; thence Northwest to the Southeast corner of Lot 7 of said Block 5, also being a point along the Southerly right-of- way line of Dubuque Road; thence Northwesterly along said Southerly right-of-way line to its intersection with the centerline of Colorado Street; thence North along the centerline of Colorado Street to the centerline of French Street; thence East along the Page 137 of 181 centerline of French Street to the centerline of Arizona Street; thence South along the centerline of Arizona Street to the centerline of Archer Avenue; thence West along the centerline of Archer Avenue to the Northerly line of the Canadian National Illinois Central Railroad; thence Southeasterly along said Northerly line to its intersection with the Northerly line of Sunshine Subdivision; thence East along said Northerly line of Sunshine Subdivision to the Northeast corner of Sunshine Subdivision, said point also being on the Westerly right-of-way line of the former Chicago Central and Pacific Railroad; thence North along said former Westerly right-of-way line to a point that is90.7 feet South of the North line of the Southwest 1/4 of the Northeast 1/4 of Section 30, T89N, R12W; thence Northeasterly to a point on the Easterly line of said former Railroad right- of-way that is 48.72 feet South of the North line of the Southeast 1/4 of the Northeast 1/4 of said Section 30; thence North along the Easterly line of said former Railroad right-of-way to a line that is 33 feet South of and parallel with said North quarter -quarter line; thence East along said parallel line to the East line said Section 30; thence South along said East line to the centerline of Ann Street; thence East along the centerline of Ann Street to the centerline of Creston Avenue; thence South along the centerline of Creston Avenue to the centerline of Fulton Street; thence East along the centerline of Fulton Street to its intersection with a Northerly extension of the East line of Lot 4 of Block 8 of Auditor Rainbows Plat of Maywood Second Filing; thence South along said Northerly extension and the East line of said Lot 4 and a Southerly extension of the East line of said Lot 4 to the Northeast corner of Lot 21 of said Block 8; thence West to the Northwest corner of said Lot 21; thence South along the West line of said Lot 21 and a Southerly extension of the West line of said Lot 21 to the Southerly line of Wyandotte Street; thence Westerly along the Southerly line of Wyandotte Street to the Northerly line of the Canadian National Illinois Central Railroad; thence Southeasterly along said Northerly line to the North line of Section 32, T89N, R12W; thence East along the North line of said Section 32 to the centerline of North Evans Road; thence South along the centerline of North Evans Road to its intersection with an Easterly line of the City of Waterloo Corporate Limits (as now established in Section 32, T89N, R12W); thence Northwesterly and Southerly following said Corporate Limit line to the Southerly line of Dubuque Road; thence Northwesterly along the Southerly line of Dubuque Road to the Point of Beginning And also, that part of Lot 19 of Auditor's consolidated Plat lying Northeasterly of the centerline of the spur line of the Canadian National Railroad, except the Northwest 68 feet of the Northeast 180 feet of said Lot 19, and except the Southeast 60 feet of the Northeast 180 feet of said Lot 19. Page 138 of 181 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2019 January 1, 2019 Actual Gross Assessed Valuation $4,043,161,870 Legal Bonding Rate 5% Legal Bonding Limit $ 202,158,094 Less Outstanding G.O. & Other Debt ($ 114,700,920) Unused Gross bonding Capacity $ 87,457,174 56.74% of legal limit Page 139 of 181 Attachment D - Rath Urban Renewal and Redevelopment Plan Amendment No. 3 2022 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) Project Proposals Budgets Acquisition $6,000,000 Demolition $6,000,000 Site Improvements $1,500,000 Remediation $2,500,000 Legal fees, consulting fees, and related expenses associated with administration and operation of the Urban Renewal Area $1,000,000 Housing Rehabilitation $1,000,000 Crystal II Tax Rebates $176,252 Rath Admin rebates $1,500,000 Powers Manufacturing rebates $60,000 A&K Ventures - Kent Orchard; rebates/land grant $30,000 3 Little Lambs - Black Hawk & 17th; land grant $40,000 TNT - Black hawk & 18th; land grant $36,400 SJ Construction - Sycamore street; land grant $28,000 Buckets Inc. / Secor; land grant $108,600 Crystal 2018 project Rebates $1,300,000 Crystal 2020 project Acquisitions Rebates Demolition Total $3,200,000 $3,600,000 $3,300,000 $10,100,000 Former Pierce Auto Acquisitions 1500 Commercial Demolition Env. Review Total $20,000 $50,000 $20,000 $90,000 3 Little Lambs Acquisitions (1800 Block Black Hawk) Demolition Total $1,000 $100,000 $101,000 5 Bees Land grant 1813 Black Hawk and adj. Total $150,000 $150,000 3 Stooges Acq/Land grant 325 W 13th Total $96,000 $96,000 South Front Network Land 1400 blk Commercial Realtor Demolition Total $25,000 $6,000 $40,000 $71,000 Alstadt Langlas Acquisitions 54 Lane St Demolition Total $50,000 $350,000 $400,000 A -Line Warehouse Acquisitions Rooff Ave Rebates Total $300,000 $200,000 $500,000 Former Lister Concrete Acquisitions 2116 Commercial St Rebates Total $300,000 $200,000 $500,000 50 Total $33,287,252 Page 140 of 181 IL 1 I_k Wl'T ^L L 1 Y1-1 I J1 1 �111 Attachment "A" - Rath Area T.I.F. District Expansion Boundary Map Zoom N WHIN French St PLEASE NOTE: BASE MAP DATA SOURCE IS BLACK HAWK COUNTY. THIS MAP DOES NOT REPRESENT A SURVEY, NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA DELINEATED HEREIN, EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY, THE BLACK HAWK COUNTY ASSESSOR, OF THEIR EMPLOYEES. THE CITY OF WATERLOO MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS MAP, AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY THEREOF. USERS SHOULD REFER TO OFFICIAL PLATS, SURVEYS, RECORDED DEEDS, ETC. LOCATED AT THE BLACK HAWK COUNTY ASSESSOR'S OFFICE FOR COMPLETE AND ACCURATE INFORMATION. 708 354 0 Fulton St t - J 708 Feet CITY OF WATERLOO Council Communication South Street and West 9th Street Mini -Roundabout, Iowa DOT grant project number CS-TSF-8155(777)- - 85-07. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and received and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to , in the amount of $ , in conjunction with South Street and West 9th Street Mini - Roundabout, Iowa DOT grant project number CS-TSF-8155(777)--85-07. Submitted by: Submitted By: Mohammad Elahi, Interim Traffic Operations Director Recommended Action: Approval Summary Statement: Installing a mini roundabout to reduce numer and severity of crashes. Expenditure Required/Source of $377,000 Iowa DOT grant; remainder to be coverd by GO Bond funds. Funds: Page 142 of 181 CITY OF WATERLOO Council Communication Resolution approving a three (3) year Cedar Valley Storm Water Partnership Agreement, in the amount of $2,587.00, with the Black Hawk County Conservation Board, for contracted Storm Water Education, and authorizing the Mayor to execute said document. City Council Meeting: 12/5/2022 Prepared: 11 / 14/2022 ATTACHMENTS: Description Type ❑ Contracted Education Proposal Backup Material SUBJECT: Resolution approving a three (3) year Cedar Valley Storm Water Partnership Agreement, in the amount of $2,587.00, with the Black Hawk County Conservation Board, for contracted Storm Water Education, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Page 143 of 181 I! MAIM HAWK MINTY (ONfEOVAIlON ROAQb BLACK HAWK COUNTY CONSERVATION 1346 West Airline Hwy Waterloo, IA 50703 Phone: (319)433-7275 Fax: (319)433-7276 Email: conservation@blackhawkcounty.iowa.gov Website: blackhawkcountyparks.com Contracted Education Proposal: July 1, 2023- June 30, 2026 This proposal is between Black Hawk County Conservation (BHCC) and the cities of Cedar Falls, Elk Run Heights, Evansdale, Hudson, Raymond, and Waterloo. Hartman Reserve Nature Center will organize and conduct stormwater education. Education programs will occur throughout the year including programing for school groups, field trips, summer camps, and the public. What Conservation can provide for your cities: • General stormwater education facts sheets or brochures which include information on stormwater impacts on water quality, as well as steps residents can implement to reduce water quality degradation. • Informational articles will be provided for use in city newsletters 2 times per year. These articles will provide information regarding the impacts of stormwater on water quality and ideas that individual residents can implement. • Hartman Reserve Nature Center staff will provide a wide range of hands-on water quality and stormwater themed programs to classrooms and individuals that attend programming for school trips, summer camps, public and private programs. • This program will allow the participating municipalities to remain in compliance with their DNR issued NPDES (National Pollutant Discharge Elimination System) general permit #2 which contains a public education and outreach programming requirement, in a cost-effective manner. • Conservation staff can provide up to two (2) public programs in your municipalities per fiscal year. Project Coordination: Conservation will provide program planning, set up, equipment, maintenance, and storage of equipment along with billing and registration. Reports will be submitted to each individual city at the end of each fiscal year. Staff: Conservation has two full time naturalist who plan organize and implement education programs for children and adults. These staff will lead the watershed education initiative. Budget: The incorporation of water quality lessons into existing programs, city specific programs, and this cost share match from each participating municipality. Overall program budget is $5,600.00 Page 144 of 181 li f BEAK HAWK (DANDY (ONIERVAi1ON BOARD BLACK HAWK COUNTY CONSERVATION 1346 West Airline Hwy Waterloo, IA 50703 Phone: (319)433-7275 Fax: (319)433-7276 Email: conservation@blackhawkcounty.iowa.gov Website: blackhawkcountyparks.com City Population Min. Contribution % Of total Cost share by population Cost share including min. contribution Cedar Falls 40,713 $250 35% $1,435 $1,685 Elk Run Heights 1,069 $250 1% $41 $291 Evansdale 4,561 $250 4% $164 $414 Hudson 2,546 $250 2% $82 $332 Raymond 759 $250 1% $41 $291 Waterloo 67,067 $250 57% $2,337 $2,587 Total 116,715 $1,500 100% $4,100 $5,600.00 Deliverables: Conservation will provide programming that will meet with required education component of the Iowa DNR MS-4 Stormwater mandate. In FY 2021 1,323 individuals received this instruction and FY 2022 1,723 individuals received this instruction. Conservation will track the number and provide the report at the end of the year or as requested. Invoice: Conservation will invoice the cities at the beginning of each fiscal year, and it will be payable in 60 days. Signature Page: Attached please find the signature page. Page 145 of 181 li f BEAK HAWK (DANDY (ONIERVAi1ON BOARD BLACK HAWK COUNTY CONSERVATION 1346 West Airline Hwy Waterloo, IA 50703 Phone: (319)433-7275 Fax: (319)433-7276 Email: conservation@blackhawkcounty.iowa.gov Website: blackhawkcountyparks.com Signature Page: Contracted Storm Water Education Proposal July 1, 2023- June 30, 2026 Amy Davison, Nature Center Manager, Black Hawk County Conservation Rob Green, Mayor City of Cedar Falls, Lisa Smock, Mayor of Elk Run Heights Deanne Kobliska, Mayor, City of Evansdale George Wessel, Mayor, City of Hudson Gary Vick , Mayor, City of Raymond Quentin Hart, Mayor, City of Waterloo Page 146 of 181 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo to dedicate a 60 foot sanitary sewer, drainage and public utility easement over the west 60 foot of Lot 1 of the Waterloo Air and Rail Park 1st Addition, located near the southeast corner of Leversee Road and Warp Drive. City Council Meeting: 12/5/2022 Prepared: 11/15/2022 ATTACHMENTS: Description ❑ Easement P lat SUBJECT: Submitted by: Recommended Action: Summary Statement: Neighborhood Impact: Legal Descriptions: Type Backup Material Resolution approving a request by the City of Waterloo to dedicate a 60 foot sanitary sewer, drainage and public utility easement over the west 60 foot of Lot 1 of the Waterloo Air and Rail Park 1st Addition, located near the southeast corner of Leversee Road and Warp Drive. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by the City of Waterloo to dedicate a 60' sanitary sewer, drainage and public utility easement over the west 60' of Lot 1 of Waterloo Air and Rail Park 1st Addition, located near the southeast corner of Leversee Road and Warp Drive Creation of the new easement will allow additional utilities to be extended to serve the subdivision. There is a 40' sanitary sewer easement already there, but the easement is being widened to extend a natural gas main. The request would not negatively impact the area and the easement grants access for utility extensions to serve the industrial park. An easement for the installation and maintenance of sanitary sewer, drainage and public utilities over, under, upon and across the west 60 feet of Lot 1 Waterloo Air and Rail Park 1st Addition in the City of Waterloo, Black Hawk County, Iowa Page 147 of 181 Index Legend Location Description: Lot 1, Waterloo Air and Rail Park lst Addition City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo, Iowa Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 (319) 291-4312 33' ROW W z u.J • Plat of Easement Lot 1, Waterloo Air and Rail Park 1st Addition City of Waterloo, Black Hawk County, Iowa LOT 1 (60.01') 500.04' (500.06' N 1 1 1 1 1 O (60.01') i i WATERLOO AIR AND RAIL PARK 3RD ADD. LOT 2 WARP DRIVE 60' PUBLIC ROW 416.26' (416.31' N 89°21'2T' E) PLATTED 40' SANITARY SEWER EASEMENT PLATTED 10' PUBLIC UTILTY EASEMENT LOT1 WATERLOO AIR AND RAIL PARK 1ST ADD. PROPOSED 60' SANITARY SEWER, DRAINAGE, AND PUBLIC UTILITY EASEMENT PLATTED 50' STORM SEWER EASEMENT �409.80' FD. #4 REBAR WIBLUE CAP #22259 (TYPICAL) Easement Description: An easement for the installation and maintenance of sanitary sewer, drainage, and public utilities over, under, upon, and across the west 60 feet of Lot 1, Waterloo Air and Rail Park 1st Addition in the City of Waterloo, Black Hawk County, State of Iowa LOT2 Plat Legend: • Found Monument O Set 5/8" x 24" Reebar wlSiue Cap "Iowa - 19715' ® Cut "X" in concrete, found or set A Found section comer monument , Set section corner monument 123.45 Record Measurement (123.4s) Field Measurement WATERLOO AIR AND RAIL PARK 2ND ADD. PLATTED 60' SANITARY SEWER, DRAINAGE, AND UTILITY EASEMENT ti`, l'9 t►r a%p I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the I s of the State of Iowa. �SSION q� ° ° ° ° ° ° ° i - Q�c` o ° LIAM d o WlLw. 4z o CASTLE o • 4 �7�.3 err z /J4�'(�4I/ / William W. Castle, PLS Date v °° 19715 rr ) °° °° 0 or� ,, License Number 19715 �l * a06.0. ° ttt /OWN * My License Renewal Date is December 31, 2023. Pages or sheets covered by this seal : 1 f'/ LOT5 0 50 100 Scale: 1 inch = 100 feet This Plat or Survey is a division of land. Signature of Surveyor ////7d't Date Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Easement area: 30,005 square feet (0.69 acres) City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 100' Field Work Date: Date Drawn:11-2-2022 Pa Sheet No. of 1 qe 148 of-181 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo to dedicate a sixty -foot sanitary sewer, drainage and public utility easement over the west sixty -feet of the Waterloo Air and Rail Park 3rd Addition, located near the northeast corner of Leversee Road and Warp Drive. City Council Meeting: 12/5/2022 Prepared: 11/15/2022 ATTACHMENTS: Description u Easement P lat SUBJECT: Submitted by: Recommended Action: Summary Statement: Neighborhood Impact: Legal Descriptions: Type Backup Material Resolution approving a request by the City of Waterloo to dedicate a sixty - foot sanitary sewer, drainage and public utility easement over the west sixty - feet of the Waterloo Air and Rail Park 3rd Addition, located near the northeast corner of Leversee Road and Warp Drive. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by the City of Waterloo to dedicate a 60' sanitary sewer, drainage and public utility easement over the west 60' of Waterloo Air and Rail Park 3rd Addition, located near the northeast corner of Leversee Road and Warp Drive. Creation of the new easement will allow additional utilities to be extended to serve the subdivision. There is a 40' sanitary sewer easement already there, but the easement is being widened to extend a natural gas main. The request would not negatively impact the area and the easement grants access for utility extensions to serve the industrial park. An easement for the installation and maintenance of sanitary sewer, drainage and public utilities over, under, upon and across the west 60 feet of Waterloo Air and Rail Park 3rd Addition in the City of Waterloo, Black Hawk County, Iowa Page 149 of 181 Index Legend Location Description: Lots 1, 2, 3, and 4 and Tract "B" Waterloo Air and Rail Park 3rd Addition City of Waterloo, Iowa Requestor: Proprietor: Surveyor: Surveyor Company: Return To: Noe! Anderson, City of Waterloo City of Waterloo, Iowa William W. Castle City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 715 Mulberry St, Waterloo, IA 50703 (319) 291-4312 FD. #4 REBAR W/BLUE CAP #22P (TYPIC]CAL) WEST LINE NW 114 SEC. 32-90-13 PROPOSED 60' SANITARY SEWER, DRAINAGE, PUBLIC UTILITY EASEMENT (36.64') W 1/4 CORNER SEC. 32-90-13 33' ROW WEST LINE SW 1/4 SEC. 32-90-13 LONE TREE ROAD 0 CD N 0 0 f 1 1 (14.92') (S 52"57'33" E) (76.56') (19.73') a 1 LOT2 I �J I Plat of Easement Lots 1, 2, 3, and 4 and Tract "B" Waterloo Air and Rail Park 3rd Addition City of Waterloo, Black Hawk County, Iowa LOT1 Easement Description: An easement for the installation and maintenance of sanitary sewer, drainage, and public utilities over, under, upon, and across the west 60 feet of Waterloo Air and Rail Park 3rd Addition in the City of Waterloo, Black Hawk County, State of Iowa. TRACT "B" PLATTED 30' DRAINAGE EASEMENT PLATTED 30' DRAINAGE 1- I EASEMENT I 1 (36.35') ! LpT 3 ' N fsa fi 1 I 1� LOT 1 APPROX. NORTH LINE SW 1/4 SEC. 32-90-13 LOT6 WATERLOO AIR PLATTED 40' SANITARY SEWER EASEMENT (S 89°21'08" W) (60.00') AND RAIL PARK 3RD ADD. LOT5 WARP DRIVE so' Row 111 o s UNPLATTED SW 1/4 NW 1/4 SEC. 32-90-13 Plat Legend: • Found Monument O Set 5/8" x 24" Rebar w/Blue Cap "Iowa -19715" El Cut "X" in concrete, found or set • Found section comer monument • Set section corner monument 123.45 Record Measurement (123.45.j Field Measurement 0 100 200 Scale: 1 inch = 200 feet LOT7 PLATTED 10' PUBLIC UTILITY EASEMENT • LOT1 LOT2 LOT3 WATERLOO AIR AND RAIL PARK 1ST ADD. � \.., I hereby certify that this surveying document was prepared and the related survey work was performed by me or under �c�51ONg4 �t ' O •• •: ,L i my direct personal supervision and that I am a duly licensed Q� e •• `t Land Sury yor un r the laws of the State of Iowa. t Q e WILLIAM • tP G • W. • p CO a CASTLE . m o . 19715 ; Q't' - , 1� W]31�zz William W. Castle, PLS Date 5a•.••••••4.° 4 License Number 19715 h 1.,10 W A *_ My License Renewal Date is December 31, 2023. ` ��-- Pages or sheets covered by this seal : t ! 1 This Plat orSurvey js not a division of land. Signature of Surveyor Date TRACT 'B" Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Easement area: 78,925 square feet (1.81 acres). City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 200' Field Work Date: Date Drawn:11-2-2022 P Sheet No. 1 of ge 1-5-0 of-181 CITY OF WATERLOO Council Communication Resolution approving the dedication of a sanitary sewer easement by Club Car Wash Waterloo, LLC for an existing public sanitary sewer, located at 1009 East San Marnan Drive. City Council Meeting: 12/5/2022 Prepared: 11/23/2022 ATTACHMENTS: Description Type ❑ Sanitary Sewer Easement and Plat Backup Material SUBJECT: Submitted by: Resolution approving the dedication of a sanitary sewer easement by Club Car Wash Waterloo, LLC for an existing public sanitary sewer, located at 1009 East San Marnan Drive. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to dedicate a sanitary sewer easement by Club Car Wash Waterloo, LLC, located at 1009 East San Marnan Drive. The easement is being dedicated for the purpose of installing, maintaining Summary Statement: and repairing of a sanitary sewer located along the southerly portion of the lot where Club Carwash is located. The City constructed a sewer in 1972 that along the south portion of the lot and originally, this land was right-of-way. In 1985 the City vacated the right-of-way but failed to retain an easement over the exiting 10" sanitary sewer. Dedicating this easement will cover the sanitary sewer and allow the City access to maintain or replace it. Data/Analysis and Strategies: Infrastructure Expenditure Required/Source ofNone Funds: Legal Descriptions: A sanitary sewer easement being that part of the SW 1/4, SW 1/4, Section 2, Township 88 North, Range 13 West of the 5th P.M., Waterloo, Black Hawk County, Iowa described as follows: Commencing at the Southwest corner of said SW 1 /4; thence N00°22'32"E 169.41 feet along the West line of said SW 1 /4; thence S89°37'28"E 50.00 feet to the East right-of-way of Hammond Avenue and the Point of Beginning; thence N71° 19' 19"E 262.78 feet to the Northwesterly right-of- way of East San Marnan Drive; thence S48°46'33"W 23.72 feet along said Northwesterly right-of-way; thence along said Northwesterly right-of-way, Southwesterly 180.87 feet along a 328.10 foot radius curve, concave Northwesterly, said curve having a long chord of 178.59 feet that bears Page 151 of 181 S64°34'06"W; thence S80°24'11"W 50.81 feet along said Northwesterly right-of-way to the East right-of-way of Hammond Avenue; thence N49°51'00"W 25.80 feet along said East right-of-way to the Point of Beginning, containing 0.149 acres. Page 152 of 181 Prepared by Christopher S. Wendland, P.O. Box 569, Waterloo, IA 50703. (319) 234-5701 SANITARY SEWER EASEMENT Whereas, in 1972 the City of Waterloo, Iowa ("City") constructed a certain underground sanitary sewer line across and beneath a portion of real property now owned by Club Car Wash Waterloo, LLC ("CCW"), which at the time of construction was road right-of-way; and Whereas, in 1985 City vacated a portion of the road right-of-way but neglected to reserve an easement for the sanitary sewer line, but because said line continues to exist and operate the parties now desire to provide for such an easement on the terms and conditions set forth herein. Now, therefore, CCW does hereby grant and convey unto City a permanent sanitary sewer easement in, upon, over, beneath and through the property in the City of Waterloo, Black Hawk County, State of Iowa, described as set forth on Exhibit "A" attached hereto (the "Easement Area"), for the purpose of constructing, installing, operating, inspecting, maintaining, repairing, removing and replacing such pipes, conduits, infrastructure, and other sanitary sewer facilities as City deems necessary or prudent in the public interest. In the exercise of the easement rights granted herein, City, its officers, employees, contractors, and agents, shall have reasonable rights of ingress and egress over, across, and upon the Easement Area for the purposes described above. Notwithstanding anything to the contrary contained herein, CCW is permitted to pave any portions of the Easement Area and make other improvements as indicated on an approved site plan. City shall restore any such paved surfaces and improvements, but no other improvements made by CCW, located on the Easement Area that City damages or removes in the exercise of its rights provided herein, to the state that existed prior to the City's exercise of its rights. Moreover, in exercising its rights provided herein, City shall use commercially reasonable efforts to avoid interfering with the operations of business on the Easement Area and CCW's property adjoining the Easement Area. This easement shall run with the land and is binding upon and shall inure to the benefit of the parties and their respective successors, assigns and transferees. This instrument may not be modified except by the mutual written agreement of both parties. This instrument may be executed in multiple counterparts. Page 153 of 181 IN WITNESS WHEREOF, the undersigned has caused this Sanitary Sewer Easement to be executed as of ,t'a /V �' , 2022. OWNER: CLUB CAR WASH WATERLOO, LLC, an Iowa limited liability compan By: STATE OF ILso„1L ) ) ss. COUNTY OF Poc.36. ) Roland S. Bartels President This instrument was acknowledged before me on Nlov 1p, 2oZ-2 , 2022 by Roland S. Bartels as President of Club Car Wash Waterloo, LLC. Notary Public in and for said State My Commission expires S' ZQ zOZ ( RICHARD BERLINER Notary Public - Notary Seal Lincoln County - State of Missouri Commission Number 12623158 My Commission Expires Aug 20, 2024 2 Page 154 of 181 EXHIBIT A 3 Page 155 of 181 Page 1 of 2 Plat of Survey Parcel "M" Part of the SW 1/4, SW1/4 Section 2-T88N-R13W Waterloo, Iowa Index Legend Description: SW 1/4, Section 2-T88N-R13W Surveyor. Matthew Kofta, PLS 22561 t Company: VJ Engineering 1501 Technology Parkway, Suite 100 Cedar Falls, IA 50613 319-266-5829 Proprietor. Menard, ins Survey Requested by: Eric Kirchner with Cochran Engineering 111111111111111111111111111111111111111 Doc ID: 009823150002 Type: GEN Recorded: 08/20/2020 at 02:58:58 PM Fee Amt: 012.00 Page 1 of 2 Black Hal County Iowa SANDIE L. SMITH RECORDER F11e202 1-00003744 Parcel'M' Legal Description That part of the SW 1/4, SW 1/4, Section 2, Township 88 North, Range 13 West of the 5111 P.M., Waterloo, Black Hawk County, lows described as follows: Commencing at the Southwest corner of said SW 1/4; thence N00'22'32°E 428.57 feet along the West fine of said SW 114; thence S89937'28'E 33.00 feet to the East right-of-way of Hammond Avenue and the Point of Beginning; thence 589'37'28'E 15.85 feet; thence S66°51'00°E 257.55 feet; thence S41.13'27'E 63.24 feet to the Northwesterly right-of-way of East San Marnan Drive; thence 548.46'33W 63.45 feet along Said Northwesterly right-of-way; thence along said Northwesterly right-of-way, Southwesterly 180.87 feet along a 328.10 foot radius curve, concave Northwesterly, saki curve having a long chord of 178.59 feel that bears 864'34'06W; thence S80'24'11`W 50.61 feet along said Northwesterly right-of-way to the East right-of-way of Hammond Avenue; thence N49'51'00'W25.80 feet along said East right -of way; thence N00'22'32°E 227.93 feet along said East right-of-way; thence N81 °22'23'W 17.18 feet along said East right-of-way; thence N00°22'32°E 28.76 feet along said East right-of-way to the Point of Beginning, containing 1.112 acres. This Plat of Survey has bee aLiewed bite City of Waterloo /4/zete SignabPrelorCKy of Waterloo Ordinance Administrator New 30' Wde Access Easement Legal Description A 30 foot wide access easement being that part of the SW 1/4, SW 1/4, Section 2, Township 88 North, Range 13 West of the 5th P.M., Waterloo, Black Hawk County, Iowa described as follows: Commencing at the Southwest corner of said SW 1/4; thence N00°22'32'E 428.57 feet along the West line of said SW 1/4; thence S89'37'28'E 33.00 feet to the East right-of-way of Hammond Avenue and the Point of Beginning; thence 589'37'28'E 15.65 feat; thence S68°61'00'E 257.55 feel; thence 541'13'27'E 63.24 feet to the Northwesterly right-of-way of East San Marnan Drive; thence N48'46'33'E 30.00 feet along said Northwesterly right-of-way, thence N41°13`27'W 70.06 feet; thence N68°51'00W 270.41 feet; thence N89'37'28W 21.69 feat to the East right-of-way of Hammond Avenue; thence S00'22'32W 30.00 feet along said East right-of-way to the Point of Beginning, containing 0.240 acres. New Sanitary Sewer Easement Legal Description A sanitary sewer easement being that part of the SW 1/4, SW 1/4, Section 2, Township 80 North, Range 13 West of the 51h P.M., Waterloo, Black Hawk County, Iowa described as follows; Commencing at the Southwest corner of said SW 1/4; thence N00°22'32'E 169.41 feet along the West line of saki SW 1/4; thence 889'37'28°E 50.00 feet to the East right -of --way of Hammond Avenue and the Point of Beginning; thence N71'19'19'E 262.78 feet to the Northwesteny right-of-way of East San Marnan Drive; thence 548°46'33'W 23.72 feet along said Northwesterly right-of-way, thence along said Northwesterly right-of-way, Southwesterly 180.87 feet along a 328.10 fool radius curve, concave Northwesterly, said curve having a long chord of 178.59 feet that bears S64'34'05'W; thence S80°24'11W 50.81 feel along saki Northwesterly right-of-way to the East right-of-way of Hammond Avenue; thence N49°51'OOW 25.80 feel along said East right-of-way to the Point of Beginning, containing 0.149 acres. Notes: 1.) Bearings are based on the Iowa Regional Coordinate System, Zone 5. NAD83 2011 2.) All dimensions are in US Survey feet and decfmats thereof. 3.) The error of closure Is better than 1:10,000 4.) Field work was completed: 06/30/2020 5.) Parcel Letter "M' was assigned by the Black Hawk County, /owe AudKDes Office. 6.) Parcel Area: 1.112 acres In the SW 1/4 - SW 1/4 of Section 2-T88N-R13W. uumtffrll y1W �� n`rq O` `�..:,;Rr � .t Matthew 0. %% s 2 Kofta l hereby tenth, out DO card sunr/rq docvne twas prepared and era related aneywodcwas performed by ma or under my drool personal sine 1 lw aid that l wn adi01 Ccensed rand saveyrr under the tens boa =0. 22561 ' *°' Matthew A. Kite, P.L.•9 license 22561 ��d .' rh • •rOwA • P4 amber My Ueense renewal date Is eeumber 31, 2020 eels 2 �nnruul ielt Pages w sheets armed by Ws sear VJ Engineering 1501 Technology Parkway Cedar Faits, Iowa - 319-266-5829 Parcel "M" Part of the SW 1/4, SW 1/4 Section 2-T88N-R13W 0 KIX 1 scale drown by 7/te/iNe 156 of 181 Page 2of2 iN 0 z 589"3T28"E 33.00' w Plat of Survey Parcel "M" Part of the SW 1/4, SW 1/4 Section 2-T88N-R13W Waterloo, Iowa Fnd 1"0 Pinch Pipe (Utilized) & Fnd 3f4"0 Pinch Pipe N26'01'13"E 014' o M N89'37`28'W b 1�21.69' po� co co \—f S89'37'28"E 589'37'28"E 33.00' _ ' - Set MAC Nail Set'X" Hammond Point of Beginning ~ Parcel 'M' & \_. 30'Access Easement Set"X' N81'22'23'W 17.18' (N81 "45'26'W) East R-O-W Hammond Avenue 50' iti N n P N �• O N 0 O 0 z z 111 ur b mp 0 O O 0 zz 589'37'28'E 50.00' Fnd 1!2"0 Rebar wNellow Cap #7811 ru N - 1V� � O � Nss sf )0 bayt New 30' Access\24r' Easement 666.6 Parcel "M" 48,481 sq, ft. 0112 acres) No Buildings Observed Point of Beginning Sanitary Sewer £ asement / / I N49°51'00'W 25.80' (N49°59'48"W 25.71) Patent (534 LD 570) Fnd 1f2"0 Rebar L=180.87' 8.' wYYeliow Cap #7811 C"178.59 17' Mar118R 008 S84'34'06'W S80'24'11'W50,81' ast rontsgeRoad (S80'00'00'W 50.84) ii Point of Commencement SW Comer Section 2 T88N-R13W Fnd 112'0 Rebar per File No. 2018-12726 VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa — 319-266-5829 / 348°45'33'W 23.72' NORTH S48°46'33'W 41.54' (S48°24'649A) Set ? �� MAG Nail Nsc? • Set "X" N48°46'33"E 30.00` S48°46'33'W 83.45' (S48'24'54'W) Northwesterly R-O-W East San Ma man Drive R-O-W per Ordinance No. 3390 dated 51011985 Feature Legend O Set 51870 x 24' Rebar w / Orange Cap L.S. #22561 • Property Corner Found A Set Section Corner ® Section Corner Found 100.00' Dimension of Survey (100.00) Dimension of Record 0 25 60 100 Parcel "M" Part of the SW 1/4, SW 1/4 Section 2--T88N-R13W ;` Gge 157 of 181 CITY OF WATERLOO Council Communication Resolution approving Amendments to the Professional Services Agreements with Magellan Advisors, LLC, in an amount not to exceed $630,193.73, for the Additional Footage of Design Engineering and Permitting of a Fiber -Optic network to the Home, and authorizing the Mayor to execute said documents. City Council Meeting: 12/5/2022 Prepared: 11/22/2022 ATTACHMENTS: Description Type ❑ Backbone Change Order Backup Material ❑ FT T P Change Order Backup Material SUBJECT: Submitted by: Summary Statement: Resolution approving Amendments to the Professional Services Agreements with Magellan Advisors, LLC, in an amount not to exceed S630,193.73, for the Additional Mileage of Design Engineering and Permitting of a Fiber - Optic network to the Home as well as associated travel costs, and authorizing the Mayor to execute said documents. Submitted By: Bridgett Wood, Finance Manager Backbone Final Design has a change order credit of $46,825.80 and the Fiber -to -the -Premise (FTTP) design project has an increased cost of $677,019.53 for an overall difference of $630,193.73. Page 158 of 181 Design Change Order Request Change Order Name: CR 2022-0002 Waterloo IA Backbone Final Design rt:— $(46,825.80) Contractor: Magellan Advisors Request Date: Nov 28, 2022 PM: Courtney Violette Requested By: Magellan Advisors Owner: City of Waterloo, IA Design Engineer: Magellan — Cole Henkle CHANGE ORDER OVERVIEW 1. Magellan Fiber Backbone Proposal 6/21/21 - $425,303 2. Magellan's estimates for the Fiber Backbone project initiated in 2021, were estimated based off the backbone conceptual design from the City's Fiber Needs Assessment at a total distance of 120-miles. A. Final Backbone design distances were 114-miles. Backbone Change Order Design Cost: $(38,175.80) Total Backbone PE Stamp: $(8,650.00) Total FTTP Change Order: $(46,825.80) Total Change Order Cost: $(46,825.80) Description o Change (include location, if pertinent) 1iPage Page 159 of 181 Design Change Order Request Reason for Change Material Submitta Specifications shorter actual design distances on the backbone than estimated. N/A Change in Design Contract Price This Change Order Cost $(46,825.80) Change in Design Contract Time Net Changes to Timeline (in Days) of This Change Order N/A Magellan Design Engineer Print Name / Title: Cole Henkle Signature: 1 - �e-nieb Date: 11/30/2022 City of Waterloo Print Name / Title: Signature: Date: 2IPage Page 160 of 181 Design Change Order Request 9 Change Order Name: CR 2022-0001 Waterloo IA FTTP Final Design Distances Change Order Cost: $677,019.53 Contractor: Magellan Advisors Request Date: Nov 28, 2022 PM: Courtney Violette Requested By: Magellan Advisors Owner: City of Waterloo, IA Design Engineer: Magellan — Cole Henkle CHANGE ORDER OVERVIEW Description o Change (include location, if pertinent) 1. Magellan's estimates for the Fiber -to -the -Premise (FTTP) design proposal from November 2021, were estimated based off an assumed 309-miles of FTTP underground design. These 309-miles were estimated from a combination of road center line mileage as well as other factors. A. Final FTTP design distances were 391-miles, or 82-miles more than estimated due to several reasons: a. Lack of ability to use existing City conduit as originally assumed. b. Longer fiber distribution design requirements, especially in and along the outer edges of the city — where there are longer distances required to connect less premises/customers. c. Less rear lot access than originally assumed. B. Per agreement, all Design, Engineering and Permitting is billed at $1.30 per foot for any work over and above stated distances. FTTP Change Order Design Cost: $561,610.40 Total FTTP PE Stamp: $95,117.50 Total FTTP Change Order: $656,727.90 C. Travel costs were higher than anticipated due to the increased mileage at a cost o $20,291.63 FTTP Change Order Design Cost: $20,291.63 Total Change Order Cost: $677,019.53 1iPage Page 161 of 181 Design Change Order Request Reason for Change Material Submitta Specifications Longer actual design distances on fiber distribution than estimated. N/A Change in Design Contract Price This Change Order Cost $677,019.53 Change in Design Contract Time Net Changes to Timeline (in Days) of This Change Order N/A Magellan Design Engineer Print Name / Title: Signature: Date: Cole Henkle 11/30/2022 City of Waterloo Print Name / Title: Signature: Date: 2IPage Page 162 of 181 CITY OF WATERLOO Council Communication Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Leisure Services 2022-23 Golf Marketing Campaign in the amount of $12,000; the City of Waterloo SportsPlex 2022-2023 Marketing Campaign in the amount of $12,000; the North End Update in the amount of $7,000. City Council Meeting: 12/5/2022 Prepared: 11/30/2022 ATTACHMENTS: Description Type D Hotel Motel Grant - Golf Marketing Backup Material D Hotel Motel Grant - Sportsplex Marketing Backup Material D Hotel Motel Grant - North End Update Backup Material SUBJECT: Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Leisure Services 2022-23 Golf Marketing Campaign in the amount of $12,000; the City of Waterloo SportsPlex 2022-2023 Marketing Campaign in the amount of $12,000; the North End Update in the amount of $7.000. Submitted by: Submitted By: Kim Bahr, Financial Analyst Expenditure Required/Source of These requests total $31,000 from council discretionary hotel/motel tax Funds: funds. We have received adequate revenue to make these awards. Page 163 of 181 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Leisure Services Name of facility/project 2023 Golf Marketing Campaign Contact person JB Bolger Email James.Bolger@waterIoo-ia.org Address of organization or person completing application: Street 1101 Campbell Avenue City Waterloo State IA Zip 50701 Phone 291-4370 Fax: 291-4297 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. Awarded funds will be utilized to cover costs for a wide variety of advertisements. Currently Waterloo Leisure Services utilizes cable TV commercials, over -the -air TV commercials (KVVWL), radio spots, and a variety of print publications including those which are regionally distributed such as the Waterloo/Cedar Falls Visitors Guide, the Waterloo Courier's Golf Guide, and Midwest Golfing Magazine advertisements. Page 164 of 181 3. What is the mission of your organization? The City of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails, and a healthy urban forest resource. 4. How long has your organization been in existence? The City of Waterloo has provided public golf for over 100 years. Iry Warren Golf Course (originally Byrnes Park) was opened in 1908. The next course to open was Gates Park Golf Course in 1928, and finally South Hills Golf Course in 1974. 5. How many staff members and/or volunteers are involved in this organization and the project? The City of Waterloo employs nine full time golf maintenance employees, several administrative staff that assist with golf operations, and numerous seasonal staff that assist with maintenance and course operations. Starters at all courses are volunteers. Additionally the City contracts with two full time PGA Professionals and they hire additional full and part time seasonal staff. 6. Please indicate all the categories that yourprolects supports: X Category 1 — Supports tourism and heads on beds X Category 2 — Supports and assists community events ❑ Category 3 — Brings people downtown X Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Waterloo's three municipal golf courses regularly serve out of town guests. They attract visitors from out of town for a variety of reasons including the value, quality, and variety of golfing experiences provided. Many community organizations chose one of Waterloo's municipal golf courses to host fundraising tournaments, outings, or banquets. Examples would include: • East High School Athletics Fundraiser Outing- Gates Park Golf Course • LOVE Inc.- Iry Warren Golf Course • United Way Outing- South Hills Golf Course Page 165 of 181 Supporting quality of life for the citizens of Waterloo is by far the biggest contribution Waterloo Golf provides the community. We pride ourselves on being able to offer safe, healthy, and affordable opportunities for exercise and leisure enjoyment for all who are interested. This includes one of the strongest junior programs in the state of Iowa featuring a $10 Junior Morning Pass that allows youth to play for the entire summer for one low rate! 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. N/A 9. Give an estimate of how you plan to measure the success of the project. The best way to measure success of this project is to monitor the number of rounds played at the Waterloo courses. Additional factors such as weather also have a major impact on the number of rounds played. 10. Describe specifically how the proposed project will be marketed. Awarded funds will be utilized for the sole purpose of marketing the City of Waterloo Golf Courses. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. The overall investment to implement the 2023 Golf Marketing Campaign is $23,000. Our request for hotel/motel funds is $20,000 with the remainder of funds coming from the City of Waterloo Golf general operating budget. 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. *******,tie**********************,************************************************rr**** Page 166 of 181 BUDGET SUMMARY: Total Project Cost $ 23 000,00 Additional Funding Sources $ 3,000.00 In -Kind Services $ Hotel/Motel Tax Grant Request $ 20,000.00 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. Sjgfatu re of Applicant Date Page 167 of 181 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Leisure Services Name of facility/project Cedar Valley SportsPlex Marketing Plan Contact person Bob Etringer Email bob.etringerwaterloo-ia.orq Address of organization or person completing application: Street 300 Jefferson Street City Waterloo State IA Zip 50701 Phone 291-0165 Fax: 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. Awarded funds will be utilized to cover costs for a wide variety of advertisements. Currently the Cedar Valley SportsPlex utilizes cable TV commercials, over -the -air TV commercials. Page 168 of 181 3. What is the mission of your organization? The City of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails, and a healthy urban forest resource. 4. How long has your organization been in existence? 1904 5_ How many staff members and/or volunteers are involved in this organization and the project? The Waterloo Leisure Services Department benefits our community on numerous fronts. The Department is responsible for offering a wide range of recreational programming to members from all ages and ethnicities throughout Waterloo and the greater Cedar Valley. In addition, the Department is responsible for the maintenance and operations of three quality 18-hole golf courses, the 3,000 seat Young Arena, an extensive community park system and a Northwoods League Baseball Stadium. Through all of the above -mentioned sources, the Department is responsible for providing recreational activities and spaces to a large percentage of our population. The opening of the Cedar Valley SportsPlex has allowed our department to be able to greatly expand programming we off our citizenry, as well as host events and tournaments that have brought a substantial amount of visitors from outside the Cedar Valley. 6. Please indicate all the categories that your projects supports: X Category 1 — Supports tourism and heads on beds X Category 2 — Supports and assists community events X Category 3 — Brings people downtown X Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Supports tourism and heads on beds The Cedar Valley SportsPlex has become a regional draw for indoor sports tournaments of all kinds. With four basketball/volleyball courts and a large expanse of Field Turf, another in the region does not match this facility. While the vision is to Page 169 of 181 primarily serve our community, the goal is to have these facilities booked with tournaments that are regional in the scope on weekends. Supports and assists in community events The Cedar Valley SportsPlex supports community events primarily by offering a new, state of the art venue for hosting. Brings people downtown The Cedar Valley SportsPlex is located in the heart of downtown Waterloo. A facility of this nature helps draw critical mass to the area that is striving to help downtown businesses thrive. Whether they are SportsPlex members from within the Cedar Valley or tournament participants from around the region, individuals have been drawn to the downtown area to utilize the SportsPlex. Supports Waterloo quality of life The Cedar Valley SportsPlex greatly enhances the quality of life in Waterloo. We are very fortunate to have facilities that are second to none when it comes to outdoor activities. However, as we all know, Iowa winters can become quite long. A facility like the SportsPlex affords residents of all ages the opportunity to recreate straight through those long winter months. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. The Cedar Valley SportsPlex will be a fixture of the downtown landscape for years to come. The project will be sustained by a comination of user fees, rental fees and activity registrations. 9. Give an estimate of how you plan to measure the success of the project. We plan to measure the success both by tracking user numbers while also tracking the financials of the operation. Benchmarks have been set that indicate where both of these items need to reach and we will continually strive to achieve these goals. 10. Describe specifically how the proposed project will be marketed. The purpose of this application is the maintain an extensive television marketing plan by focusing heavily on big sporting events that have large viewership in the fall and winter, which coincides with our peak time to recruit and retain members. Page 170 of 181 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Revenues: Hotel/Motel Tax Grant Request Expenses On Media 12. Please include in your submitted materials: • Tax exempt status • W-9 form $20,000.00 $20,000.00 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. ************************************************************************************* BUDGET SUMMARY: Total Project Cost $ 20,000.00 Additional Funding Sources $ In -Kind Services $ Hotel/Motel Tax Grant Request $ 20,000.00 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. 01 (0 t2. Z Signature of Applicant D to Page 171 of 181 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown arca. Grant hinds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1, General information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization North End Update Name of facility/project Ms. Rocki n Chaveevah's North End Update LIVE! Contact person Joshalyn Johnson Entail northendupdate@gmail.com Address of organization or person completing application: Street 1036 Kern Street City Waterloo Phone [319] 415-0864 State Iowa Zip 50703 Fax: 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger.. b) Please be specific how the grant monies will be used in the overall project, A] North End Update LIVE! Show is a Facebook Live broadcast that airs every Friday at 4pm. It's easy to hear bad news, so we focus on the good people, events and news from everyday people In our community, nation and world in order to change the narrative and highlight the positive things we see. Our show also airs on YouTube and local Mediacom channel 17 on Fridays at 4pm and Saturdays at 10am. 8] the grant monies will be used to fund the show's operating expenses: hiring/payment of interns; purchase of equipment [for on -location and in -studio broadcasts, etc]; operating supplies (purchased locally to support local businesses); establishment of student recognition/scholarship award; administrative costs, including partial compensation for content creation, show prep, contacting guests, website update/maintenance, etc.; promotional materials; advertising; and other outreach initiatives that will help connect us as we promote good things that are going on in our community. Page 172 of 181 3. What is the mission of your organization? Our mission is to provide a social media platform that promotes conversation to address and heal implicit biases and discrimination. We actively use social media to promote good things that counteract the negative narrative that nothing good is happening in our local community; and establish connections that enable us to address tough conversations about race. 4. How long has your organization been in existence? The North End Update show first aired in mid -April 2017, with weekly shows every Friday since that time. S. How many staff members and/or volunteers are involved in this organization; and the project? The regular staff members are Joshalyn °Ms Rocki" Johnson and Cheryl "Chaveevah" Ferguson, who serve as co -hosts and content creators of the show. We have use of our local public access television studio and its two staff members. We currently have one paid intern who manages many production tasks including setup of media; on -air introduction; interacting with viewers; commentary; and time management. 6. Please indicate all the categories that your projects supports: Category 1 — Supports tourism and heads on beds n Category 2 --- Supports and assists community events �x Category 3 — Brings people downtown Category 4 --- Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Please see attached sheet --responses to Categories 1 through 4 S. If your project has or will continue for more than one year, please explain your plans for financial sustainability. Our organization has been in existence for five years with the support of the community. Our plans for financial sustainability will include/has already included sponsorships by local businesses and other organizations to help underwrite expenses incurred through doing the weekly show and on -location events that occasionally happen during the week or on weekends. We are increasing our outreach for paid sponsorships as well as seek community support via donations through our social media pages, and we are seeking one or more additional interns to help with recording on -location and management of our social media pages. Page 173 of 181 6. Please indicate all the categories that your projects supports: Category 1— Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Category 1—to support tourism in Waterloo, Ms Rocki n Chaveevah LIVE has promoted organizations and events including but not limited to: MAIN STREET WATERLOO GROUT MUSEUM SULLIVAN BROS VETERANS MUSEUM FRIDAY'LOO URBAN FARMERS MARKET WATERLOO PRIDE FEST WATERLOO CEDAR FALLS SYMPHONY EXPERIENCE WATERLOO WATERLOO CENTER FOR THE ARTS MY WATERLOO DAYS RIVERLOOP RHYTHMS NORTH END ARTS & MUSIC FESTIVAL CITY HALL/MAYOR'S FIREWORKS Category 2-- Ms Rocki n Chaveevah LIVE promotes local events and often does live shows on location at these events, such as FridayLoo, parades, new business grand openings, etc., so that viewers are aware of current or upcoming events. Category 3-- Ms Rocki n Chaveevah LIVE focuses on what we call "a North End perspective", and, as referenced in the city's new 2030 Vision plan, also helps foster connections between all neighborhoods in the city. We have collaborated with Main Street Waterloo, WCA, local veterans organizations, etc., to publicize events and broadcast live from local parks, the downtown area, and Municipal Airport to encourage viewers to come out and support/participate in events such as: MY WATERLOO DAYS VETERANS HONOR FLIGHT URBAN FARMERS MARKET MAYOR'S FIREWORKS CEDAR VALLEY FASHION ART & CULTURE EXPO Category 4-- In promoting businesses, organizations, events, and positive individuals in every weekly broadcast, Ms Redd n Chaveevah LIVE reinforces the idea that not only is Waterloo a great place to live, but the city has a lot to offer in terms of activities, events, culture —things that contribute to a greater quality of life. What we do supports parts of Waterloo's 2030 Vision plan, in that we seek to foster a greater sense of pride in this community by highlighting the good and shaping the narrative on how Waterloo is perceived by ourselves and others. Some of the organizations we have promoted/helped raise awareness about their mission, events, and/or services include: BLACK HAWK COUNTY HEALTH DEPT. YOUTH ART TEAM WATERLOO HUMAN RIGHTS COMMISSION AMANI COMMUNITY SERVICES WATERLOO WRITING PROJECT FRIENDS OF THE FAMILY EYE OF THE NEEDLE MINISTRY JESSE COSBY NEIGHBORHOOD CENTER SULLIVAN BROS VETERANS MUSEUM HOUSE OF HOPE BHC VETERANS ADMINISTRATION WATERLOO COMMUNITY SCHOOLS UNICUE: TALENT SEARCH, EOC CV ARBORETUM/BOTANICAL GARDENS SMALL BUSINESS ASSOCIATION IMPACCT BOYS & GIRLS CLUB GROUT MUSEUM Page 174 of 181 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. This year the Waterloo Community Foundation; Jesse Cosby Neighborhood Center; UNI Talent Search; UNI Educational Opportunity Center; The Grout Museum; We Arose Co -Op; and The Ferguson Team Real Estate have funded us in the amount of $8,075. Thus fat; funds have been used to: pay our intern; purchase equipment such as microphones and tripods; create and maintain a website; administrative costs/materials, etc.; operating supplies that support local businesses/organizations; online advertisement budget; support of community initiatives such as Partners In Education and House of Hope; and partial compensation for hours spent co -creating, planning and presenting weekly shows and promotions. Approximately, this is how funds we've used have been allocated up to this point: Operating costs, administrative-65% Community Outreach-11% Intern-12% Marketing/promo-9% Equipment---3% Funds from the hotel/motel tax grant would: *employ 1-2 more interns to help with production, marketing, and covering events on location *cover the cost of operating supplies including website maintenance; promotional materials; marketing; mileage/travel; purchase of durable equipment; increase advertisement budget, etc *strengthen our community outreach with the establishment of a student scholarship/award; more support of local organizations such as House of Hope and Arnani Community Services; increase our presence/support of community functions *provide partial compensation for co -creating, planning and presenting the weekly show. 12. Please include in your submitted materials: • Tax exempt status • W-9 form North End Update EIN: 86-1348176 * W-9 included Page 175 of 181 Increased engagement with our NE Update and Instagram pages and continued community support will provide a measure of how well our show is spreading `good news' about positive things going on in Waterloo, Iowa. We also plan to implement surveys to get an idea of a] the general effectiveness of our outreach, b] whether our supporters/advertisers are satisfied with our efforts in promoting therm, and c] what topics, guests, or events our audience would like to see us cover in more depth. Give an estimate of how you plan to measure the success of the project. 10. Describe specifically how the proposed project will be marketed. We have been and will continue to be marketed on our local Mediacom access channel; social media platforms such as but not limited to Facebook and histogram; and live appearances and/or speaking engagements where we interact with civic groups and other organizations. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Please see attached sheet 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. Y.NN NX'N N*****************************************Y.**********:Y*** ***** f.*******:f****** BUDGET SUMMARY: Total Project Cost Additional Funding Sources In -Kind Services Hotel/Motel Tax Grant Request $ 30,000 $ 8,750 $ 1,250 $ 20,000 Paease note: Additional Funding Sources, In -Rind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and any organization will be responsible for refundin= any portion of funds already received. ..":"., „,„-i f) 9/26/2022 Si • nat ire o ppticant Date Page 176 of 181 CITY OF WATERLOO Council Communication Resolution approving an Engagement Letter with Piper Sandler & Co. for project fmance services in conjunction with the Telecommunications Utility Broadband Project. City Council Meeting: 12/5/2022 Prepared: 12/2/2022 SUBJECT: Resolution approving an Engagement Letter with Piper Sandler & Co. for project fmance services in conjunction with the Telecommunications Utility Broadband Project. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval S ummary S tatement: Federal Regulation requires and Underwriter/Placement Agent on pricing deals where banks may be involved. The City Administration worked with Speer through a RFQ process with Piper Sandler, a nation-wide investment firm with an office in the Des Moines IA area. Piper will work with Speer Financial to procure loan/bond commitments for the City and Utility Board. The pricing in this engagement letter is based on the RFQ and is a low fee in the current market, especially for a start-up utility. Fees to Piper (and Speer) will be paid by the City and Utility as part of upcoming bond/loan issuances. This engagement letter provides the necessary disclosures for Piper's role as Placement Agent/Underwriter. Page 177 of 181 CITY OF WATERLOO Council Communication Resolution approving the 2023 Fee Hazardous Materials Regional Training Center Fee Schedule. City Council Meeting: 12/5/2022 Prepared: 11/22/2022 ATTACHMENTS: Description Type ❑ Fee Schedule Backup Material SUBJECT: Resolution approving the 2023 Hazardous Materials Regional Training Center Fee Schedule. Submitted by: Submitted By: Pat Treloar, Fire Chief Recommended Action: Approve Summary Statement: Our hazardous materials regional training center located at 1941 Newell Street offers a number of various classes to both private and governmental agencies. This fee schedule includes a number of increases to reflect our rising expenses. Page 178 of 181 Hazardous Materials Regional Training Center Class fee list (2023) Proposed Fee Schedule Class Cost Cost per hour Confined Space Entry Confined Space Entry >14 (2nd Instructor) Confined Space Technician _ Confined Space Technician Recertification Fire Extinguisher: Live Fire 12 Students Fire Extinguisher: Simulator 12 Students Hazardous Materials Technician (Site Specific) Hazardous Materials Technician 40hr Hazardous Materials Technician Recertification Industrial Fire Brigade Hazmat Operations Hazmat Operations EMS Focus Hazmat Recertification Clan Lab CPR (BLS) (Per student) $2,000.00 1. $2,300.00 $6,000.00 $2,000.00 $250.00 $250.00 $6,000.00 $10,000.00 $2,000.00 $2,200.00 $2,000.00 $2,000.00 $800.00 $800.00 $75 8 M$250.00 8 i— $287.50 24 . $250.00 8 $250.00 1 $250.00 1 $250.00 24 $250.00 40 $250.00 8 $250.00 8 $275.00 16 $125.00 16 $125.00 4 $200.00 4 $200.00 1 $75.00 Page 179 of 181 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board minutes of November 7, 2022. City Council Meeting: 12/5/2022 Prepared: 11/14/2022 ATTACHMENTS: Description Type ❑ WHA Board Minutes 11/7/22 Backup Material SUBJECT: Waterloo Housing Authority Board minutes of November 7, 2022. Submitted by: Submitted By: Julie Dawson, Director Page 180 of 181 WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes Monday, November 7, 2022 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Boesen, Nichols, Grieder, Wilder, Feuss The meeting was called to order at 4:50 p.m.by Chairperson Grieder. Motioned by Rob Nichols and seconded by Dave Boesen to approve the agenda and minutes of the September 19, 2022 meeting as proposed. Ayes: All — Motion Carried New Business Motioned by Dave Boesen, seconded by Ray Feuss, to approve the revised Family Self -Sufficiency Action Plan. Ayes: All — Motion Carried Motioned by Ray Feuss, seconded by Dave Boesen, to approve the disposal of Public Housing and Section 8 files that are withdrawn or terminated from the program, waiting list files that are withdrawn or transferred to occupancy, and financial records. Ayes: All — Motion Carried Motioned by Rob Nichols, seconded by Dave Boesen, to approve the PHAS (Public Housing Assessment System) score for FYE 06/30/2022. Ayes: All — Motion Carried Motioned by Dave Boesen, seconded by Ray Feuss to approve the SEMAP (Section Eight Management Assessment Program) score for FYE 06/30/2022. Ayes: All — Motion Carried Motioned by Ray Feuss, seconded by Rob Nichols to approve and place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All — Motion Carried Motioned by Jonathan Grieder, seconded by Dave Boesen to adjourn the meeting at 4:56 p.m. Ayes: All — Motion Carried JD Page 181 of 181